justicedao/ipfs_state_laws huggingface dataset:
629-025-0011 Permits — General Regulations (1) Permitting Authority: The Forester may require permits for the use of State Forest Lands including, but not limited to, for the following uses: (a) Sponsored Events; (b) Camping in Campgrounds or in Camping Areas on State Forest Land; (c) Parking at designated sites on State Forest Land; (d) Use of Day Use Areas; and (e) Commercial Use, including Large Commercial Events. (2) Permit Duration; Suspension: Permits for use of State Forest Land may be issued for a day, season, or such other time period the Forester deems appropriate for the use involved. The Forester may suspend a permit if necessary to protect public health, public safety, forest resources or improvements, or to obtain compliance with these Division rules. (3) Bonds: For Commercial Use or Sponsored Events, the Forester may require the posting of a cash or surety bond or other guarantee in such form and in such amount as the Forester deems appropriate and sufficient to defray the costs of restoration and rehabilitation of the State Forest Land that may be affected by the permitted use. Bonds and guarantees will be returned to the permittee upon satisfactory compliance with all permit stipulations, including restoration and rehabilitation requirements. (4) Insurance: For Commercial Use or Sponsored Events, the Forester may require a permittee, at the permittee’s expense, to obtain and keep in effect for the duration of the proposed event insurance coverages in types and amounts that are deemed satisfactory to the Forester, and which names the State of Oregon as an additional insured. The policy must stipulate that the Forester must be notified 30 days in advance of the termination or modification of the policy. (5) Indemnity: For Commercial Use or Sponsored Events, the permittee must defend, indemnify, and hold harmless the State of Oregon against any responsibility or liability for damage, injury, or loss to Persons and property which may occur during the permitted use period or as a result of the permitted use. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.010 - 530.040 History: DOF 1-2016, f. & cert. ef. 3-11-16 FB 3-1995, f. & cert. ef. 9-15-95
629-025-0030 Other Fees (1) A Person must pay the applicable fee for use of Campgrounds, Camping Areas and other listed facilities and services. (2) Payment of Fees: Unless posted otherwise, payment of fees must be made prior to receipt of the permit or use of the facilities and services. Permit fees are non-refundable. Overnight camping fees are for the use of facilities until 1:00 p.m. of the following day. (3) Established Fees: Specific fees for permits, facilities and services, are as follows: (a) Camping in a Campground at a: (A) Vehicle site: $20 per night; (B) Walk-in site: $15 per night; (C) Designated Camping Area: $5 per night per Motor Vehicle. (b) Camping at a group site: $50 per night. (c) A fee of $5 per night, per Motor Vehicle must be paid by a Person who allows more than two automobiles or four motorcycles to be parked overnight at a Designated Campsite reserved by that Person. This charge is a parking fee and not a charge for recreational purposes under ORS 105.672 to ORS 105.696. The immunities provided under ORS 105.682 apply to use of state forest land for recreational purpose. (d) Parking in a designated parking area: $5 per vehicle per 24 hour period. This charge is a parking fee and not a charge for recreational purposes under ORS 105.672 to ORS 105.696. The immunities provided under ORS 105.682 apply to use of state forest land for recreational purpose. (4) Firewood: Where conditions permit, firewood may be sold by the Forester. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.010 - 530.040 History: DOF 2-2021, amend filed 07/07/2021, effective 07/07/2021 DOF 2-2018, amend filed 05/01/2018, effective 05/01/2018 DOF 1-2016, f. & cert. ef. 3-11-16 FB 3-1995, f. & cert. ef. 9-15-95
629-025-0035 Veteran’s Special Access Pass and Active Duty Military Waiver (1) Fees established under OAR 629-025-0030(3)(a) shall be waived for a Person to whom a Veteran’s Special Access Pass has been issued by the Oregon Parks and Recreation Department and meets the eligibility requirements in OAR 629-025-0035(2). (2) To be eligible for a fee waiver under OAR 629-025-0035(1): (a) The site must be occupied by the individual named on the Veteran’s Special Access Pass; (b) The pass holder must be able to present the Veteran’s Special Access Pass and valid government-issued photo identification to confirm the identity of the person named on the Veteran’s Special Access Pass, when requested by Department personnel; and (c) The pass holder must provide their name and Veteran’s Special Access Pass number on the fee envelope used to indicate occupancy of the site. (3) Veteran’s Special Access Pass fee waivers are limited to a total of 10 days each calendar month in aggregate for both State Parks and State Forest facilities. (4) Fees established under OAR 629-025-0030(3)(a) shall be waived for active duty U.S. military personnel on leave status on Memorial Day (the last Monday in May), Independence Day (July 4), or Veteran’s Day (November 11) who meet the eligibility requirements in OAR 629-025-0035(5). (5) To be eligible for a fee waiver under OAR 629-025-0035(4): (a) The site must be occupied by the active-duty service member; (b) The camper must be able to present valid government-issued photo identification to confirm active duty military status, when requested by Department personnel; and (c) The camper must provide their name and Department of Defense ID Number on the fee envelope used to indicate occupancy of the site. (6) All other rules and fees apply, including, but not limited to, the occupancy limits established under OAR 629-025-0040(2), and fees established under OAR 629-025-0020 and OAR 629-025-0021. (7) The Department will not issue refunds for camping fees already paid, including circumstances where a camper may be eligible for a fee waiver but is unable to provide the Veteran’s Special Access Pass or military ID. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.053 History: DOF 2-2018, adopt filed 05/01/2018, effective 05/01/2018
629-025-0050 Designated Recreation Areas (1) State Forest Land designated by the Forester as "Designated Recreation Areas" may include, but are not limited to, Campgrounds, Camping Areas, Day Use Areas, trailheads, staging areas, and boat launch sites. Maps showing the Designated Recreation Areas must be kept on file at the Forester's office and the applicable District office, and must be available for public inspection during normal business hours. (2) General Forest Recreation Rules as outlined in OAR 629-025-0040 apply to Designated Recreation Areas. In addition to those rules, the following rules apply: (3) Occupancy and Use: (a) At areas where Camping is permitted a Person may not camp longer than 14 days out of any 28 day period at a Designated Recreation Area. (b) A Person must be 18 years of age or older to reserve and register for campsites in Designated Recreation Areas. (4) Firewood: A Person may not collect firewood within the boundaries of any Designated Recreation Area. (5) Firearms, Weapons, and Explosives: Within a Designated Recreation Area a Person may not: (a) Hunt, pursue, trap, kill, injure, molest, or disturb the habitat of any bird or animal without first obtaining permission from the Forester; (b) Discharge any firearm, pellet gun, bow and arrow, slingshot or other weapon capable of injuring any Person, bird, or animal; or (6) Forest Resources and Improvements: A Person may not mutilate, deface, damage, or remove any table, bench, building, sign, marker, monument, fence, barrier, fountain, faucet, traffic recorder, or other structure or facility of any kind in a Designated Recreation Area. (7) Parking: Automobiles, trailers, or other Motor Vehicles must be parked only in designated parking areas. (8) Animals: (a) Any dog, cat, horse, or other animal brought into or kept on State Forest Land must be kept under control at all times. (b) An animal owner is responsible for the disposal of the animal's waste within Designated Recreation Areas. (9) Offensive Behavior: A Person may not use abusive, threatening, boisterous, vile, obscene, or indecent language or gestures, or engage in demonstrations, disturbances, or riotous behavior in any Designated Recreation Area. (10) Excessive Noise: A Person may not operate or use any noise-producing machine, vehicle device, or instrument in such a manner that is disturbing to another Person. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.010 - 530.040 History: DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025 DOF 1-2016, f. & cert. ef. 3-11-16 FB 3-1995, f. & cert. ef. 9-15-95
629-025-0070 Use of Roads and Trails (1) A Person may not operate a Motor Vehicle off-road: (a) Except on a trail designated for that purpose; (b) Without an approved spark arrestor, as specified in OAR 629-043-0015; (c) Without an adequate noise muffler as defined in ORS 821.220; (d) Without a valid ATV registration, or snowmobile registration for snowmobiles; or (e) From one half hour after sunset to one half hour before sunrise unless equipped with working head- and tail-lights. (2) A Person may not operate a Motor Vehicle: (a) On road cut banks or fill slopes, or in ditches along roads, except snowmobiles; or (b) In a manner that damages trails, boardwalks, bridges, water bars, cement blocking, drainage pipes or any other improvement designed to maintain the integrity of the trail or improvement; or (c) That is not licensed for use on Highways on a Forest Road in a Non-Motorized Zone, where such use is signed as prohibited. (3) A Person may not: (a) Operate an Off- Highway Vehicle or snowmobile in violation of ORS 821.010 through 821.320; or (b) Hike, bicycle, use a horse, llama, or other stock animal, or other Motor Vehicle on a trail not designated for that purpose, or in a manner that damages trails, boardwalks, bridges, water bars, cement blocking, drainage pipes or any other improvement designed to maintain the integrity of the trail or improvement. (4) Road and Trail Closures. The Forester may, at any time, close all or portions of Forest Roads or Designated Trails, or establish one-way traffic flow on a Forest Road or Designated Trail. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.010 - 530.040 History: DOF 1-2016, f. & cert. ef. 3-11-16 DOF 4-2005, f. & cert. ef. 3-1-05 FB 3-1995, f. & cert. ef. 9-15-95
629-025-0080 Removing Unattended Personal Property (1) The Forester may remove Unattended Personal Property from State Forest Lands. Items that, at the sole discretion of Department personnel, have no apparent utility or are in an unsanitary condition are considered garbage and may be discarded. (2) Unattended Personal Property includes items that have been left on State Forest Land longer than 48 hours or in Designated Recreation Areas for more than 24 hours and are reasonably recognizable as belonging to a Person and that have apparent utility. (3) Weapons, drug paraphernalia, and items that reasonably appear to be either stolen or evidence of a crime, at the sole discretion of Department personnel, must be turned over to the appropriate law enforcement agency. (4) Department personnel may separate Unattended Personal Property from garbage during cleanups. Garbage must be immediately discarded and Unattended Personal Property must be stored by the Department for no-less-than 30 days. During that period it must be reasonably available to Persons claiming ownership of the Unattended Personal Property. (5) The Forester must arrange in advance for a location to store Unattended Personal Property. The storage facility must be reasonably secure and located at or near one of the Department's District offices. The address of the facility will not be publicized; however, a telephone number to arrange an appointment to pick up claimed Unattended Personal Property must be provided. The telephone number must reach an office that is staffed during normal business hours (8 a.m. to 5 p.m. weekdays). Appointments to claim Unattended Personal Property must only be made during normal business hours. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.010 - 530.040 History: DOF 2-2018, amend filed 05/01/2018, effective 05/01/2018 DOF 1-2016, f. & cert. ef. 3-11-16 DOF 4-2005, f. & cert. ef. 3-1-05
629-025-0090 Enforcement, Evictions, and Exclusions (1) A Person must observe and abide by all instructions, warnings, restrictions and prohibitions on posted signs and notices, or from Department personnel. (2) The Forester may take actions to protect the safety or health of the public or forest resources or improvements, by: (a) Seeking compliance from the public with any Division 25 rule; (b) Ordering a Person who violates a Division rule to leave a Designated Recreation Area; (c) Excluding a Person in violation of a Division rule from a Designated Recreation Area or multiple Designated Recreation Areas for a specified period of time. (3) A peace officer may seek compliance with a Division rule from a Person. (4) A peace officer may exclude, or recommend that the Forester exclude, a Person who violates a Division rule, federal, state, county or city law or court order, from a Designated Recreation Area or multiple Designated Recreation Areas for a specified period of time. (5) The following situations are criminal trespass in the second degree, a Class C misdemeanor, per ORS 164.245: (a) A Person ordered to leave State Forest Land that remains present; (b) A Person excluded from State Forest Land that enters or remains present; (c) A Person enters a closed or restricted portion of State Forest Land. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.010 - 530.040 History: DOF 1-2016, f. & cert. ef. 3-11-16
629-025-0092 Closures and Access Restrictions (1) The State Forester may establish portions of State Forest land that are closed or limited to specific uses or activities by the public. These may differ from State Forest land to State Forest land and from time-to-time, but shall be indicated on the Department website, and on posted signs at the State Forest land that is closed. (2) Closures will be identified by signs at major points of entry to the restricted portions of the forest and notices placed on the Department’s website. (3) A person may not enter or occupy State Forest land that has been ordered closed by the State Forester. (a) A person engaging in work under contract with the Department of Forestry may be exempt with written permission from the Forester or their designee. (b) This restriction does not apply to state employees or law enforcement officers in the performance of their official duties. (4) A Department employee may seek compliance from the public with a State Forest closure, and may order a person that enters closed lands to leave State Forest land. (5) A peace officer may seek compliance from the public with a State Forest closure, and may order a person that enters closed lands to leave State Forest land. (6) The State Forester may designate to Department employees the authority to protect forest resources under section (1). This authority includes actions that may: (a) Permit or limit specific activities or uses in designated portions of State Forest land; (b) Designate a location within a State Forest for a single use to avoid conflicts between users; (c) Restrict access to or close an entire State Forest land; (d) Restrict access to or close a portion of State Forest land; or (e) Exclude a person from State Forest land. (7) A person excluded from State Forest land may contest the exclusion notice by filing a written appeal within seven days of the exclusion date. The person excluded must submit the appeal to the District Forester responsible for the State Forest land where the notice of exclusion was issued. (8) The following situations are criminal trespass in the second degree, a Class C misdemeanor, per ORS 164.245: (a) A person ordered to leave State Forest land that remains present; (b) A person excluded from State Forest land that enters or remains present; (c) A person enters a closed or restricted portion of State Forest land; and (d) A person engages in an activity that has been specifically prohibited or restricted on State Forest land or a portion of State Forest land. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.050 History: DOF 1-2021, adopt filed 07/01/2021, effective 07/01/2021
629-025-0098 Criminal Penalty for Large Commercial Event Offense An organizer commits a Class A misdemeanor if the organizer: (1) Accepts money or other items of value in an exchange described under ORS 526.287(2)(a) prior to the issuance of a large commercial event permit required under ORS 526.291; or (2) Recklessly allows the violation of a term or condition of a large commercial event permit issued to the organizer by the State Forestry Department. Statutory/Other Authority: ORS 526.291 Statutes/Other Implemented: ORS 526.991 History: DOF 1-2016, f. & cert. ef. 3-11-16
629-025-0099 Violations and Fines (1) Except for violations arising from activities under contract with the State Board of Forestry or the Department, and subject to ORS 153.022, violation of any rule or order adopted pursuant to ORS 530.050 is a Class A violation. (2) Multiple violations of any rule or order adopted pursuant to ORS 530.050 shall be considered a single violation. However, each day a violation continues shall be considered a separate violation. (3) Violations and punishments set forth in this section are in addition to and not in lieu of the provisions of ORS 164.305 to 164.335. Statutory/Other Authority: ORS 530.050 Statutes/Other Implemented: ORS 530.990 History: DOF 1-2016, f. & cert. ef. 3-11-16
629-028-0002 Purpose of Special Forest Products ORS 164.813 requires the State Board of Forestry to define special forest products. Special forest products, other than timber forest products, may be harvested from private land if the landowner permits the harvester to do so. The list of special forest products may be modified by following criteria in OAR 629-028-0004. Statutory/Other Authority: ORS 164.813 Statutes/Other Implemented: ORS 164.813 History: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14
629-028-0003 Special Forest Products Permission; Permit by Landowner; Forms (1) Written permission is required and provided by the landowner, or landowner representative, to a person harvesting special forest products. Written permission must follow the requirements of ORS 164.813. The person harvesting special forest products must have in their possession a written permit from the owner of the land from which the firewood is cut or the special forest products taken. (2) Any fees associated with permission to harvest or remove special forest products are determined by the landowner. (3) Landowners, or their representatives, may use the department-provided forms. All permits shall conform to ORS 164.813 requirements. (4) Records pertaining to the selling, buying and transporting of special forest products shall be made available upon request to any peace officer as defined in ORS 133.005. Statutory/Other Authority: ORS 164.813, 164.814, 164.845 & 164.855 Statutes/Other Implemented: ORS 164.813 & 164.814 History: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14
629-028-0004 Process for Adding, Removing or Modifying Special Forest Products from the Definition of Special Forest Products (1) The department, a person, an organization or other agency may propose to add, remove or modify an item from the definition of special forest products. (2) The best information available needs to support the request to add, remove or modify an item from the definition of special forest products, including: (a) The need to add, remove or modify an item; and (b) A description of the economic value and market for the item to be added; or (c) An evaluation of how an item contained in the definition of special forest products is no longer considered useful or valuable and needs to be removed; or (d) A description of the need to modify an item or description of a special forest product. (3) The Board shall consider the request and accept, reject or modify this information submitted under section (2) of this rule. Based on the information provided, the Board shall add the item, remove the item, or modify the item contained in the definition of special forest products. Statutory/Other Authority: ORS 164.813 Statutes/Other Implemented: ORS 164.813 History: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14
629-028-0010 Purpose of Woodcutting Permitting on State Forest Lands As set forth in ORS 530.050 the Forester in exercising legal authority for the management of State forest lands shall manage the land to secure the greatest permanent value to the State. The Forester, in the management, protection, utilization, and conservation of the lands may, in addition to selling forest products from the lands, permit the use of the lands for other purposes not detrimental to the State. The Board and the Forester have determined that it is in the interest of the State to permit the people of the State to utilize wood fiber that has a marginal economic or commercial value as firewood. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 530.050 & 530.500 History: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14 FB 9-1980, f. & ef. 10-14-80
629-028-0015 Permit Fee Associated with Woodcutting Permits on State Forest Lands The Forester intends to issue woodcutting permits, and when necessary, to charge a permit fee. Such fee does not constitute a price for sale of forest products, but may be made in an amount sufficient to enable the Forester to recover costs of developing woodcutting areas, issuing permits, and supervising and administering the woodcutting permit program. If a fee is necessary, it shall be a standard rate, used statewide, and established annually by the Forester. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 530.110, 530.115 & 530.500 History: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14 FB 9-1980, f. & ef. 10-14-80
629-028-0020 Criteria for Fee Charge; State Forest Land Woodcutting Permits (1) In determining when to charge a permit fee, and the amount of such fee, the Forester shall consider the following: (a) The amount of demand for woodcutting permits in local areas or districts; (b) The amount of wood available for cutting and any costs incurred in making it accessible for permit use, such as yarding, bunching, posting, marking, and road improvement or maintenance; (c) The possible impact of administration of the woodcutting permit program upon the accomplishment of other activities necessary to the management of the lands. (2) If any of the above criteria or combination of criteria under the free permit system cause significant impact in the administration of general State forest land programs, the Forester may implement the fee permit system in a district or area. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 530.115 & 530.500 History: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14 FB 9-1980, f. & ef. 10-14-80
629-028-0025 Requirements of Permittees of Woodcutting Permits on State Forest Lands Each permittee shall observe the following requirements: (1) Permittee shall have the permit in possession when cutting or removing firewood. (2) The firewood is for personal use and permittee shall not sell, bargain, or otherwise obtain monetary or material profit from the fuelwood obtained through a permit (3) Permittee shall perform the cutting and removal of firewood in compliance with the laws of the State of Oregon, and requirements of the Forester for the protection and conservation of the lands. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 530.500 History: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14 FB 9-1980, f. & ef. 10-14-80