justicedao/ipfs_state_laws huggingface dataset:
629-674-0100 Procedures for Requesting Copies of Notifications and Written Plans; Fees (1) Any person may examine or request copies of notifications or written plans filed with the State Forester as required by the Forest Practices Act. Examination of records, or requests for copies shall be made at the department district or unit office responsible for the geographic areas in question. (2) When a person requests copies of notifications or written plans already on file, a fee shall be charged, as specified in OAR 629-010-0200, Charges for Copying and Purchasing Public Records. (3) When a person requests to be sent notifications or written plans as they are filed at some time in the future, the request shall be made in writing on forms provided by the State Forester. The request shall require payment, in advance, of a fee established in department directive 0-5-1-301, dated October 2003. The request shall specify the geographic area of interest by legal description. The smallest unit of area described in a request shall be a section (usually 640 acres). (4) Upon payment of fees described in section (3) of this rule, the person shall be sent all notifications and written plans filed with the State Forester for the geographic area described in the request for a period of one year from the date of payment. Statutory/Other Authority: ORS 527 Statutes/Other Implemented: ORS 527.670 & 527.700 History: DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06 DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06 DOF 8-2002, f. & cert. ef. 7-1-02 FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0200 FB 2-1988, f. & cert. ef. 5-11-88
629-674-0110 Exemption from Sending Written Plans to Department of Revenue or County Assessors (1) Notwithstanding ORS 527.670(8), the State Forester may enter into cooperative agreements with the Director of the Department of Revenue and any of the county assessors for the purpose of exempting the State Forester from the requirement to send written plans. (2) Notwithstanding ORS 527.670(8), the State Forester may enter into cooperative agreement with the Director of the Department of Revenue and any of the county assessors for the purpose of exempting the State Forester from the requirement to send notifications within three working days of receipt. Such agreement shall establish the procedures for sending notifications, appropriate to the use of the receiving party. In those counties which do not assess a personal property tax or otherwise do not have a use for notifications, a cooperative agreement may exempt sending notifications altogether. Statutory/Other Authority: ORS 527 Statutes/Other Implemented: ORS 527.670 History: FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0210 FB 2-1988, f. & cert. ef. 5-11-88
629-676-0100 Regional Forest Practice Committee Responsibilities (1) Pursuant to ORS 527.650 and 527.660, Regional Forest Practice Committees are advisory committees established to assist the Board of Forestry in developing appropriate forest practice rules. The committees are comprised of citizens qualified by education or experience in natural resource management. The committees may review proposed forest practice rules, identify the need to amend forest practice rules or propose amended forest practice rules. (2) The regional committees will be requested to review proposed forest practice rules whenever: (a) The proposed rule prescribes operating practices needing review to ensure clarity, technical feasibility and practicality; (b) The proposed rule deals with administrative matters that the Board determines to be of importance to operators and landowners; or (c) The Board determines that there is a need to provide for greater public involvement in the rulemaking process for a given rule and chooses the regional committees as a vehicle of that public involvement. (3) When requested by the Board of Forestry or the State Forester to review proposed rules, the regional committees shall report back to the Board regarding the clarity, technical feasibility, and practicality of the proposed rule as well as any other comments or recommendations the committee may have. For the purpose of this rule, the following definitions apply: (a) “Clarity” is a test of the ease with which the intent of the rule can be understood by the regulated parties; (b) “Technical feasibility” is a test of whether the technology exists and is reasonably available to be applied within the region in question; (c) “Practicality” is a test of whether the rule provides an actual solution to the problem, and when applied, will the rule meet the objectives of the Forest Practices Act. Statutory/Other Authority: ORS 527 Statutes/Other Implemented: ORS 527.660 History: FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0400 FB 2-1988, f. & cert. ef. 5-11-88
629-676-0200 Member Qualifications, Appointments, Organization (1) The regional committee members shall be appointed by the Board of Forestry and shall be qualified as prescribed by ORS 527.650. (2) The chairperson and vice-chairperson of each committee shall be selected by the committee members. (3) The State Forester shall appoint a member of the Department of Forestry to serve as secretary for each of the committees. (4) Reports to the Board of Forestry shall be made by the respective regional committee chairperson or the chair’s designee. Statutory/Other Authority: ORS 527 Statutes/Other Implemented: ORS 527.650 History: FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0410 FB 2-1988, f. & cert. ef. 5-11-88
629-676-0300 Conduct of Meetings (1) The regional committees may determine operating procedures governing the transaction of their business. (2) The chairperson shall have the usual duties and power of a presiding officer. (3) All meetings of the regional committees will be conducted as open public meetings. However, although most meetings will provide for the opportunity for public testimony as a necessary means of conducting business, such an opportunity is not required and may be excluded at the discretion of the chairperson when necessary to conduct business. (4) The committee secretary shall send an agenda together with minutes of the previously held meeting to all members of the committee prior to each committee meeting. Statutory/Other Authority: ORS 527 Statutes/Other Implemented: ORS 527.660 History: FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0420 FB 2-1988, f. & cert. ef. 5-11-88
629-678-0000 Purpose and Goals (1) The purpose of the compliance monitoring program is to monitor forest practice rules implementation and analyze compliance rates. (2) The compliance monitoring program shall assess the Forest Practices Act and rule compliance and report findings to the Board of Forestry, legislature, and federal services under the terms of an approved habitat conservation plan. (3) The compliance monitoring program is intended to provide information that will allow for improvement in compliance of the forest practice rules through training, guidance, clarification, and targeted enforcement and to increase the public’s trust in the implementation of the Forest Practice Act and rules. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 10-2024, minor correction filed 01/04/2024, effective 01/04/2024 DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-678-0100 Administration (1) The Department of Forestry shall administer the compliance monitoring program. (2) Compliance monitoring may be conducted by the department, through department contractors, or both. (3) The department shall determine the status of the completion of forest activities that the State Forester received notification by the following measures: (a) Landowners shall inform the State Forester of the completion of notified forest activities, as described in OAR 629-605-0150(10); and (b) The State Forester is authorized under section 44, chapter 33, Oregon Laws 2022 to use the photogrammetric mapping for compliance monitoring. (4) The compliance monitoring program shall be supported by a stakeholder group consisting of representatives with expertise in the rules being monitored, including but not limited to the department, landowners, operators, tribes, and public representatives. (5) The board may direct the department to conduct compliance monitoring analysis for specific rules for multiple operations, multiple rules implemented at the operation unit level, or both, as appropriate to determine levels of compliance. (6) The department shall develop study designs, including sample selection and evaluation criteria to ensure a high level of confidence in the statistical modeling findings, by doing the following: (a) Hire or consult an external, qualified statistician to aid in developing sample selection and evaluation criteria to ensure a high level of confidence in reported results; (b) Be informed by past board and third-party compliance monitoring program assessments and by similar reviews of other compliance monitoring programs in nearby states; (c) Explicitly define all sampling elements; and (d) Analyze rates of compliance at the appropriate temporal and spatial scale to reduce autocorrelation, variance, and statistical bias. (7) Forest landowners shall accommodate the State Forester by allowing access to the operation site, for activities that they have informed the State Forester of completion, as described in OAR 629-605-0150(10). (8) Notice shall be given to forest landowners before on-site compliance monitoring to provide the landowner an opportunity to be present with the State Forester. (9) The State Forester may petition the circuit court with jurisdiction over the forestland for a warrant authorizing the State Forester property access to conduct compliance monitoring. (10) When identified from the compliance monitoring, the department shall examine areas of noncompliance to determine the need for new training, guidance, rule clarification, or other action. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 & Section 44, Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-678-0110 Rule Group Priorities for Compliance (1) The compliance monitoring program shall prioritize rules related to biological and aquatic resources, including the following: (a) Division 625 Forest Road Construction and Maintenance rules. (b) Division 630 Harvesting rules for steep slopes. (c) Division 643 Water Protection Rules: Vegetation Along Streams rules. (2) The compliance monitoring program may monitor other rules as directed by the Board of Forestry. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-678-0200 Reports The compliance monitoring program shall develop the following information and monitoring reports: (1) Information to support any required reporting to the federal services in support of a habitat conservation plan; (2) Information to support an annual report to the public on the overall habitat conservation plan performance; (3) A report to the Board of Forestry every two years that summarizes the results of completed compliance audits and provides a progress report of ongoing compliance monitoring efforts as described in OAR 629-678-0100(6)(a) through (d); (4) An aggregate cumulative report every eight years that includes compliance trends since the beginning of the compliance monitoring program; and (5) Other reports as directed by the board. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-680-0000 Purpose (1) OAR 629-680-0000 to 0430 shall be known as the Resource Site Inventory and Protection Process Rules. (2) The purpose of the rules in OAR 629, division 680 is to set criteria to inventory and protect special resources described in ORS 527.710(3)(a) on forestlands regulated by the Forest Practices Act. 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. Consistent with 527.630, it is the policy of these rules to encourage economically efficient forest practices that assure the continuous growing and harvesting of forest tree species and the maintenance of forestland for such purposes as the leading use on privately owned land, consistent with sound management of soil, air, water and fish and wildlife resources that assures the continuous benefits of those resources for future generations of Oregonians. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0010 FB 3-1991, f. & cert. ef. 5-23-91 FB 4-1990, f. & cert. ef. 7-25-90
629-680-0010 Definitions In addition to the definitions listed in OAR 629-600-0100, as used in OAR 629, division 680: (1) “Critical period of use” means the time of year the State Forester determines a species is sensitive to disturbance at a resource site. (2) “Disturbance” means actions which cause birds to flush from the resource site. (3) “Endangered species” means any fish or wildlife species identified as “endangered” on lists that are adopted, by rule, by the Oregon Fish and Wildlife Commission or are federally listed as “endangered” under the Endangered Species Act of 1973 as amended. (4) “Listed species” means a species adopted by the Board under OAR 629-680-0200. (5) “Site productivity” means the ability of a resource site to produce the benefits for which it is being protected. As an example, nesting site productivity is measured by the number of young birds successfully raised. For a roosting site, productivity is measured by the number of birds roosting over a given time. Watering site productivity is measured by the number of band-tailed pigeons that visit the resource site over a given time. (6) “Threatened species” means any fish or wildlife species identified as “threatened” on lists that are adopted, by rule, by the Oregon Fish and Wildlife Commission or are federally listed as “threatened” under the Endangered Species Act of 1973 as amended. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0020 FB 8-1991, f. & cert. ef. 10-30-91 FB 3-1991, f. & cert. ef. 5-23-91 FB 4-1990, f. & cert. ef. 7-25-90
629-680-0020 Resource Site Defined for the Purpose of a Hearing (1) Notwithstanding OAR 629-600-0100(108), 629-665-0110(1), 629-665-0120(1), and 629-665-0130(1), key components are not considered a part of the resource site in determining the place from which distances are measured for the purpose of requesting a hearing under ORS 527.670(4) and 527.700(3). (2) For threatened or endangered bird species, the place from which such distances are measured is the active nest tree, roost trees, or foraging perch. (3) For birds which use sensitive bird nesting, roosting or watering sites, the place from which such distances are measured is the specific nest tree, roosting tree or watering place. (4) For significant wetland types identified in OAR 629-680-0310, the place from which such distances are measured is the significant wetland boundary as determined by the State Forester. (5) For other sites protected under ORS 527.710(3)(a), the place will be defined by rule as rules are adopted to protect the sites. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: DOF 11-2024, minor correction filed 01/04/2024, effective 01/04/2024 DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0900 FB 8-1991, f. & cert. ef. 10-30-91 FB 3-1991, f. & cert. ef. 5-23-91 FB 4-1990, f. & cert. ef. 7-25-90
629-680-0030 Reporting The department shall review the resource site rules for sensitive bird nesting, roosting and watering sites; for threatened and endangered fish and wildlife species; and for significant wetlands to determine if protection levels are effective. Every two years the department shall report to the Board: (1) The number and types of operations conducted adjacent to, or within, resource sites. (2) The productivity of a sample of resource sites, including an evaluation of the success of the applied protection levels and an assessment of the economic impacts. (3) The number of structural and temporal exceptions requested; the number of exceptions permitted and denied; when exceptions are permitted, any disagreement to the exception on the part of the Department of Fish and Wildlife; and the reasons for granting or denying the exceptions. (4) The number of approved alternate plans for each significant wetland type. (5) Recommended changes to protection rules. (6) Research needed to further evaluate the protection levels. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-1000 FB 8-1991, f. & cert. ef. 10-30-91 FB 4-1990, f. & cert. ef. 7-25-90
629-680-0100 Process for Board Evaluation of Threatened and Endangered Fish and Wildlife Species that Use Resource Sites that Are Sensitive to Forest Practices (1) When a species is listed as threatened or endangered by state or federal authorities, the Board shall adopt rules to protect resource sites that are used by those species and that are sensitive to forest practices. The following process shall be used when the Board develops protection rules for these resource sites: (a) The Board’s evaluation shall be based on the best available information summarized in a technical review paper. The paper must be submitted by those proposing protection for resource sites used by a threatened or endangered species. The paper may be written by the State Forester, another agency, an organization or a person. The paper shall demonstrate how the resource sites are sensitive to forest practices. The paper may rely upon information used during the listing process and must: (A) Identify the resource sites used by the species; (B) Identify forest practices that conflict with the resource sites; (C) Evaluate the biological consequences of the identified conflicts; and (D) Propose protection requirements and exceptions for the resource sites. (b) The State Forester shall review the technical paper submitted under subsection (1)(a) of this rule. The review shall include an evaluation of the literature used, consultation with technical experts and a technical review by experts chosen by the State Forester. The State Forester shall submit a report of this review to the Board. (c) The Board shall review and accept or reject the information presented in subsections (1)(a) and (b) of this rule; (d) Using the technical review paper and the State Forester’s report, plus other available information for the species, the Board shall: (A) Identify the resource sites for the species; (B) Identify forest practices that conflict with the resource sites and evaluate the consequences of those conflicts; (C) Determine the protection requirements for the resource sites; and (D) Determine any exceptions criteria. (2) The Board shall adopt protection requirements and exception criteria for resource sites used by the threatened or endangered species. (3) The State Forester shall maintain an inventory of protected resource sites that are used by threatened or endangered species. (4) When a threatened or endangered species is de-listed by the Oregon Fish and Wildlife Commission or the U.S. Fish and Wildlife Service, the Board shall determine whether continued protection of resource sites is warranted: (a) If the Board determines that continued protection rules are warranted, the rules shall be promulgated under the appropriate statutory authority; (b) If the Board determines that continued protection rules are not warranted, existing rules shall be repealed. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0100 FB 4-1991, f. & cert. ef. 5-23-91
629-680-0210 Criteria to Identify Sensitive Bird Nesting, Roosting, and Watering Sites Resource sites must meet the following criteria in order to be listed as sensitive bird nesting, roosting or watering sites: (1) The resource sites must be used by native species and require site-specific protection in order to assure the continuation of the species throughout its natural range. (2) The resource sites must have a probability of being directly and adversely affected by forest practices. (3) In addition, the resource sites must meet one or more of the following criteria: (a) They are resource sites in which birds concentrate the nesting, roosting, or watering: (A) Once established, the resource sites must have a history of long and repeated use; (B) The numbers of resource sites used by the birds are limited (occur in fixed amounts); or (C) The resource sites provide special requirements for the species. (b) The number of suitable resource sites is limited (occur in fixed amounts) and the resource sites are used by species with specialized nesting or roosting requirements: (A) Once established, the resource sites must have a history of long and repeated use; (B) Populations of the species using these resource sites are, or evidence indicates are, naturally small; or (C) Populations of the species using these resource sites are only found in a few locations in Oregon. (c) The number of suitable resource sites is declining and expected to decline in the future, and the resource sites are used by species with specialized nesting or roosting requirements: (A) Once established, the resource sites must have a history of long and repeated use; (B) Populations of the species using these resource sites are, or evidence indicates are, naturally small; or (C) Populations of the species using these resource sites are only found in a few locations in Oregon. (d) The resource sites are protected by the federal 1940 Bald Eagle Protection Act (16 USC 668–668d). This act includes protection of the golden eagle. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0210 FB 3-1991, f. & cert. ef. 5-23-91 FB 4-1990, f. & cert. ef. 7-25-90
629-680-0220 Process for Determining Forest Practices Conflicts and Consequences; Protection Requirements for the Resource Site (1) The following process shall be used by the Board to evaluate forest practices conflicts and consequences and in setting appropriate protection for the resource site. Using the technical review paper developed in OAR 629-680-0200, plus other available information for each listed species, the Board shall: (a) Identify the resource site for each listed species; (b) Identify forest practices that conflict with the resource site and evaluate the consequences of those conflicts; (c) Determine the protection requirements necessary to protect the resource site; (d) Determine any exceptions criteria. (2) The Board shall adopt protection requirements and exception criteria for each species listed in OAR 629-665-0100. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-056-0220 FB 4-1990, f. & cert. ef. 7-25-90