justicedao/ipfs_state_laws huggingface dataset:
629-635-0210 Designation of Waters; Notice to Landowners; Reconsideration (1) The State Forester shall maintain a map showing the classification of waters of the state to assist operators who complete a notice of operations as required by ORS 527.670(6). The State Forester shall include in the map streams, lakes and significant wetlands of known classification and shall make the map publicly available. For streams, the State Forester shall ensure the maps indicate the size class and, when known, flow duration as perennial or seasonal; extent of fish use; extent of SSBT 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 shall 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 State Forester. Such a request shall be in writing and shall identify on a map the portion of the stream or water of the state which should be reconsidered. The request shall present evidence that the current classification is not consistent with OAR 629-635-0200. (4) The State Forester, in consultation with Department of Fish and Wildlife and Water Resources 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. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.765, 527.620 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024 DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2110
629-635-0220 Geographic Regions For the purposes of assigning protection measures to waters of the state, the State Forester has defined two geographic regions west and east of the Cascade Crest in Oregon, depicted as Western Oregon and Eastern Oregon, respectively. The boundaries and names of the geographic regions are displayed in Figure 1. Geographic regions are not “forest regions” established pursuant to ORS 527.640. [Insert Figure 1: Western Oregon and Eastern Oregon Geographic Regions] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.710, 527.765, 527.620 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2120
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 of the state and within riparian management areas to maintain water quality. (3) 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. (4) 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 resources and water quality protection as long as vegetation retention and protection standards are met. However, the average width of the entire riparian management area within an operation must equal or exceed the required width. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.710, 527.765, 527.620 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2150
629-635-0310 Riparian Management Area Measurements for Streams and Wetlands (1) The riparian management area measurement widths for streams in each geographic region for both the standard practice prescriptions and small forest owner minimum option prescriptions are provided for each stream type and size classification in OAR 629-643-0100 through 629-643-0500. The measurement widths apply to each side of the stream. (a) Except as indicated in section (2), the operator shall measure the riparian management area width using the slope distance. The operator shall measure the riparian management area from the edge of the active channel, or channel migration zone if a channel migration zone is present, as defined in OAR 629-600-0100, and consistent with this rule. (b) Notwithstanding the distances designated in subsection (1)(a), where wetlands or side channels extend beyond the designated riparian management area widths, the operator shall expand the riparian management area as necessary to entirely include any stream-associated wetland or side channel plus at least 25 additional feet. (2) In situations where the slope immediately adjacent to the stream 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 riparian management area shall be measured as a slope distance. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.710, 527.765, 527.620 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024 DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2200
629-643-0135 Standard Practice Vegetation Retention for Seeps and Springs, Side Channels, and Stream-Associated Wetlands (1) In Western Oregon, for seeps and springs located within the distances described in Table 1, the operator: (a) Shall retain all trees within 35 feet of the seeps and springs. Shall extend the designated riparian management area widths in Table 1, if necessary, to retain all trees beyond the seep or spring up to a maximum of 35 feet. No additional tree retention area shall be required if the 35 feet of tree retention already exists within the retention area described in Table 1. The operator shall limit the length of additional tree retention area along the stream to the seep and spring feature length. (b) Is encouraged to retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs, as described in OAR 629-655-0000. [Table 1. Western Oregon Standard Practice Vegetation Retention Riparian Management Area Distances] (2) In Eastern Oregon, for seeps and springs located within the inner zone distances described in Table 2, the operator: (a) Shall retain all trees within 35 feet of seeps and springs by extending the riparian management area inner zone widths designated in Table 2, as needed. No additional tree retention area shall be required if the 35 feet of tree retention already exists within the retention area within inner zone described in Table 2. The operator shall limit the length of additional tree retention area along the stream to the seep and spring feature length. These rules do not apply to seeps and springs that are identified as important springs, as described in OAR 629-645-0000. (b) Is encouraged to retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs as described in OAR 629-655-0000. [Table 2: Eastern Oregon Standard Practice Vegetation Retention Riparian Management Area Distances] (3) In both Western Oregon and Eastern Oregon, for side channels and wetlands that extend beyond riparian management areas described in Tables 1 and 2, the operator shall expand the tree retention area to entirely include any stream-associated wetland plus at least 25 additional feet. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024 DOF 14-2024, minor correction filed 01/04/2024, effective 01/04/2024 DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0143 Small Forestland Owners Small Type N Streams Vegetation Requirements (1) The small forestland owner shall follow this rule for small Type N streams in addition to the rules described in OAR 629-643-0130. The small forestland owner shall apply the tree retention requirements according to OAR 629-643-0141 for Western Oregon and OAR 629-643-0142 for Eastern Oregon. (a) If an area of inquiry extends beyond the small forestland owner ownership boundary and there is not a flow feature in the last 100 feet before reaching the small forestland owner’s ownership boundary, the small forestland owner shall extend the tree retention area to the shorter of: (A) The RH Max; or (B) The furthest upstream flow feature within the ownership boundary. (b) When the area of inquiry extends to the furthest upstream flow feature of the ownership boundary, the small forestland owner shall extend the R-ELZ beyond the furthest upstream flow feature within the ownership boundary to the ownership boundary, provided that prior surveys documented in the department’s reporting and notification system identify evidence of a flow feature upstream of the ownership boundary that will alter the harvest zone layout. (A) If the furthest identified upstream flow feature within the area of inquiry is below the RH Max, and flowing water that is too short to be considered a flow feature is encountered between the flow feature and the RH Max, the operator shall retain all trees within 35 feet of the flowing water; and (B) The operator shall extend the R-ELZ from the furthest upstream flow feature within the area of inquiry to the tree retention area surrounding the flowing water. (2) If the small forestland owner selects the standard practice, and there is 100 feet or more of surveyed dry stream between two flow features located downstream of the RH Max in which tree retention is required, the small forestland owner: (a) May apply for a forest conservation tax credit for an amount that is half of the stumpage value of the retained tree located between the inside edge of the applicable small forestland owner minimum option distance and the edge of the stream. (b) Shall retain all trees within the zone described in (a) regardless of whether the small forestland owner utilizes the forest conservation tax credit. (3) The small forestland owner shall comply with all other requirements in the standard practice. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0145 Small Forestland Owner Minimum Option Prescription for Seeps and Springs (1) The following prescriptions apply to seeps and springs located in Western Oregon: (a) For seeps and springs located within the riparian management areas described in Table 3, the small forestland owner shall retain all trees within 15 feet of the seeps and springs. If the 15-foot retention for seeps and springs already exists within the riparian management area described in Table 3, the small forestland owner shall not be required to retain additional trees. The length along the stream of additional tree retention area shall be limited to the seep and spring feature length. (b) The small forestland owner may retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs as described in OAR 629-655-0000. [Table 3: Western Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances] (2) The following prescriptions apply to seeps and springs located in Eastern Oregon: (a) For seeps and springs located within the inner zone distances described in Table 4, the small forestland owner shall retain all trees within 15 feet of the seeps and springs. No additional tree retention area shall be required if the 15 feet retention for seeps and springs already exists within the retention area described in Table 4. The small forestland owner shall limit the additional tree retention area’s length along the stream to the seep and spring feature length. These rules do not apply to seeps and springs that are identified as important springs, as described in OAR 629-645-0000. (b) The small forestland owner may retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs, as described in OAR 629-655-0000. [Table 4: Eastern Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances] (3) The small forestland owner shall submit a standardized form to the State Forester when using the small forestland owner minimum option around seeps or springs. (4) In both Western Oregon and Eastern Oregon, if the tree retention area contains side channels and wetlands that extend beyond the riparian management areas described in Tables 3 and 4, the small forestland owner shall expand the tree retention area to entirely include any side channels and wetland plus at least 25 additional feet. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0150 Type D Vegetation Retention Requirements (1) For classified small Type D stream segments that extend beyond the tree retention areas described in the Small Type Np requirements in OAR 629-643-0130 and OAR 629-643-0143, the operator shall retain in both Western Oregon and Eastern Oregon: (a) All understory vegetation within 10 feet of the active channel. (b) All trees within 20 feet of the edge the active channel. (c) All trees leaning over the channel. (2) The operator may count retained trees along Type D streams that otherwise meet the requirements for wildlife leave trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676. (3) A small forestland owner shall not use the small forestland owner minimum option or tax credits for Type D streams. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 8-2024, minor correction filed 01/04/2024, effective 01/04/2024 DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0200 Placing Large Wood Key Pieces in Type F or Type SSBT Streams to Improve Fish Habitat (1) In conjunction with a forest operation, placement of large wood key pieces in a Type F or Type SSBT stream to improve fish habitat is subject to the regulations in the 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, the 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. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0400 Site Specific Vegetation Retention Prescriptions for Streams and Riparian Management Areas (1) A primary purpose of these site-specific vegetation retention prescriptions in Table 7 and described for the geographic areas in Figure 1, is to identify opportunities and allow incentives for restoring or enhancing riparian management areas or streams. Another purpose of site-specific vegetation retention prescriptions is to allow for changes to the vegetation retention requirements in this rule division. The changes must provide 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. [Figure 1. Geographic Areas, OAR 629-643-0400] [Table 7. Site Specific Basal Area Targets] (2) The operator may develop site specific vegetation retention prescriptions for streams and their riparian management areas to achieve the vegetation retention goals described in OAR 629-643-0000 if: (a) The potential of the streamside stand to achieve conditions similar to mature forest stands in a timely manner is questionable; (b) In-stream conditions are impaired due to inadequate large wood or other factors; or (c) The site-specific prescription would result in less environmental damage than the standard practice. (3) An operator who wishes to implement site specific vegetation retention prescriptions instead of the standard practice shall submit to the State Forester a plan for an alternate practice. (4) The State Forester shall approve a plan for an alternate practice if the State Forester determines that, when it is properly executed, the alternate plan will have no significant or permanent adverse effects, and: (a) The plan shall meet or exceed the vegetation retention goals in a more timely manner than if the plan were not implemented; (b) The long-term benefits of the plan are greater than short-term detrimental effects; or (c) The plan will result in less environmental damage than if the standard practice were followed. (5) The State Forester may consider the following non-exhaustive list of factors in evaluating the plan: (a) The potential of the existing streamside stand to achieve mature streamside forest characteristics; (b) The long-term supply of woody debris; (c) The survival of newly established trees or shrubs; (d) Fish and wildlife species’ sensitivity to changes in water temperature and water quality; (e) The potential for sedimentation; (f) The stability of woody debris placed in aquatic areas; and (g) The State Forester’s ability to monitor the direct effects of the proposed practices. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0500 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 that are outside of the riparian management areas. A number of factors make reforestation more difficult in riparian management areas. To succeed with the required reforestation, landowners should anticipate and plan for factors including but not limited to brush control measures, animal damage problems, and tree species that are suitable for wetter sites. Statutory/Other Authority: ORS 527.710 & section 2(1), chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
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 inches. (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. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.765 History: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2310
629-645-0020 Site-Specific Vegetation Retention Prescriptions for Significant Wetlands (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 protection of the functions and values of forested significant wetlands and forested stream-associated wetlands, and address operational concerns. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674, 527.710 & 527.765 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 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2320