justicedao/ipfs_state_laws huggingface dataset:
629-035-0020 Greatest Permanent Value (1) As provided in ORS 530.050, “greatest permanent value” means healthy, productive, and sustainable forest ecosystems that over time and across the landscape provide a full range of social, economic, and environmental benefits to the people of Oregon. These benefits include, but are not limited to: (a) Sustainable and predictable production of forest products that generate revenues for the benefit of the state, counties, and local taxing districts; (b) Properly functioning aquatic habitats for salmonids, and other native fish and aquatic life; (c) Habitats for native wildlife; (d) Productive soil, and clean air and water; (e) Protection against floods and erosion; and (f) Recreation. (2) To secure the greatest permanent value of these lands to the state, the State Forester shall maintain these lands as forest lands and actively manage them in a sound environmental manner to provide sustainable timber harvest and revenues to the state, counties, and local taxing districts. This management focus is not exclusive of other forest resources, but must be pursued within a broader management context that: (a) Results in a high probability of maintaining and restoring properly functioning aquatic habitats for salmonids, and other native fish and aquatic life; (b) Protects, maintains, and enhances native wildlife habitats; (c) Protects soil, air, and water; and (d) Provides outdoor recreation opportunities. (3) Management practices must: (a) Pursue compatibility of forest uses over time; (b) Integrate and achieve a variety of forest resource management goals; (c) Achieve, over time, site-specific goals for forest resources, using the process as set forth in OAR 629-035-0030 through 629-035-0070; (d) Consider the landscape context; (e) Be based on the best science available; and (f) Incorporate an adaptive management approach that applies new management practices and techniques as new scientific information and results of monitoring become available. (4) The State Forester shall manage forest lands as provided in this section by developing and implementing management plans for a given planning area as provided in OAR 629-035-0030 to 629-035-0100. (5) The Board shall review 629-035-0020(2) (management focus) no less than every ten years in light of current social, economic, scientific, and silvicultural considerations. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.010 - 530.050 History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-035-0040 Forest Land Base Designation (1) Following the process described in subsection (2) of this section, all forest land shall be designated either as: (a) Silviculturally capable of growing forest tree species, as defined by the Forest Practices Reforestation Suitability Standards as established by the Oregon Forest Practices Act (Silviculturally Capable); or (b) Not capable of such growth (Non-Silviculturally Capable). (2) Each district with forest land management responsibility shall identify Silviculturally Capable and Non-Silviculturally Capable lands in the district and display the designations on a map. The district shall forward the designations and map to the State Forester for approval. If approved by the State Forester, the State Forester shall forward the recommended designations to the Board for approval or modification. The Board shall adopt forest land base designations as an administrative rule. (3) Designations of forest land under this section shall be reviewed by the appropriate district and, if necessary, updated prior to the completion of management plans for any planning area. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.010 - 530.050 History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-035-0045 Forest Land Base Designation Maps The forest land designation maps required by OAR 629-035-0040 are a set of maps entitled “Land Base Designation Map (OAR 629-035-0040)” consisting of nine consecutively numbered sheets and bearing the date of adoption by the Board. The maps are maintained by the State Forester at the Oregon Department of Forestry’s headquarters in Salem, Oregon. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.050 History: DOF 1-1999, f. & cert. ef. 5-13-99
629-035-0050 Forest Land Management Classifications (1) For purposes of implementing the plan’s forest resource management strategies, the State Forester shall classify all forest lands within the planning area. The classifications must describe: (a) The types of management that the Department will apply to particular areas of the land base; (b) The appropriate range of management activities for these areas; and (c) The forest resource or resources the classification is intended to address. (2) The District Forester shall recommend to the State Forester land management classifications determined under subsection (1) of this section for each district. The recommended classifications shall be shown on maps. (3) In classifying lands under this section: (a) The State Forester may harvest forest tree species at some level on any Silviculturally Capable lands, regardless of classification, unless a legal or contractual obligation on the land prevents such management or unless the district determines under subsection (4) of this section that other management is more consistent with the direction of OAR 629-035-0020. (b) No land designated as Silviculturally Capable land shall be managed for a single use unless required by law or contract or the District Forester determines under subsection (4) of this section that a single use for a particular parcel or parcels of Silviculturally Capable land is more consistent with the direction of OAR 629-035-0020. (4) In determining whether to restrict or prohibit timber harvest on Silviculturally Capable lands or to allow a single use on Silviculturally Capable lands, the District Forester shall consider: (a) Effects on other forest resources. In making this determination, the district shall consider, but is not limited to, the following: (A) Risk to other forest resources; (B) Sensitivity of forest resources; (C) Duration and intensity of impact; (D) Ability of forest resources to recover; (E) Contribution to meeting planning goals; (F) Intensity of the management practice; (G) Type of forest resources involved. (b) Public safety or other potential liability to the state; (c) Specific desired uses; (d) Legal constraints. (5) Before sending the recommended classifications to the State Forester, the District Forester shall offer a 90-day public comment period on the recommendations. All public comments shall be forwarded to the State Forester, along with the District Forester’s classification recommendations. (6) The State Forester shall approve, modify, or deny the District Forester’s recommendations. If the State Forester modifies the recommendations, the State Forester or District Forester shall prepare a new map showing the modified land management classifications for the district. If the State Forester denies the recommendations, the District Forester shall prepare new recommendations according to the provisions of subsections (1) to (5) of this section. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.010 - 530.050 History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-035-0060 Changes to Forest Land Management Classifications The State Forester may make changes to the district land management classification maps as follows: (1) Minor changes. The District Forester may recommend minor changes to the Area Director for approval. The District Forester may offer a 30-day public comment period prior to making any recommendations and shall forward any public comments with the recommendations to the Area Director for approval. (2) Major changes. The District Forester may recommend major changes to the Area Director for review and the State Forester for approval. Prior to seeking approval, the district shall offer a 30-day public comment period on the proposed changes. Any public comments received shall be submitted to the State Forester with the request for approval. (3) As used in this section: (a) “Minor change” means: (A) Any change in Land Management Classification that affects 160 acres or less, and involves land classification within, but not across, the Land Base Designation classes of Silviculturally Capable or Non-Silviculturally Capable; or (B) Any change that affects ten acres or less involving land classification changes across the Land Base Designation classes of Silviculturally Capable or Non-Silviculturally Capable, and the District Forester determines this change is not likely to substantially affect the management of forest resources. (b) “Major change” means any change not defined as minor. Minor changes within a district that cumulatively exceed 500 acres within one year shall be deemed a major change. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.010 - 530.050 History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-035-0070 Forest Land Exchanges and Acquisitions (1) The District Forester shall recommend an amendment to the district land designations and management classifications of state-owned forest lands under OAR 629-035-0040 to 629-035-0050 when lands are added to or removed from the district land base. (2) The District Forester shall provide a 30-day public comment period on the proposed amendments. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.010 - 530.050 History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-035-0080 Public Involvement (1) The goals for public involvement in forest land planning are: (a) To seek insight, opinions, and data on planned management actions on state-owned forest lands. (b) To build understanding, acceptance, and support for the forest resource management planning processes and decisions. (c) To offer information to the public about forest systems and forest stewardship. (d) To provide the public with meaningful opportunities to comment and affect planning decisions at a time when public involvement can contribute positively to the planning decisions under consideration. (2) Opportunities for public involvement shall be appropriate to the planning decision under consideration and shall include one or more of the following: general public access to decisions, a public comment period, a Board meeting, public meeting, public hearing, or focused technical review. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.010 - 530.050 History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-035-0090 Consultation with Forest Trust Land Advisory Committee As provided in ORS 526.156(3), the Forest Trust Land Advisory Committee shall advise the Board and the State Forester on the management of lands subject to the provisions of 530.010 to 530.170, and on other matters in which counties may have a responsibility pertaining to forest land. The Board and the State Forester shall consult with the committee with regard to such matters. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 526.156(3) History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-035-0100 Existing Long Range Plans (1) The Board considers long range plans approved by the Board prior to the effective date of these rules to be consistent with OAR 629-035-0010 to 629-035-0090 and directs the State Forester to manage the forest lands covered by the plans according to those plans until the plan is modified or a new plan is adopted. Any modification of existing plans or any new plan shall be adopted in accordance with the provisions of 629-035-0010 to 629-035-0090. (2) Initial forest land base designations and management classifications developed pursuant to OAR 629-035-0040 through 629-035-0055 must be submitted to the State Forester for approval within one year of the adoption of an amended or new Forest Management Plan. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.010 - 530.050 History: DOF 4-2001, f. 4-26-01, cert. ef. 7-11-01 DOF 1-2001(Temp), f. & cert. ef. 1-12-01 thru 7-10-01 DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-035-0105 Adopted Forest Management Plan Documents (1) The following forest management plan documents have been adopted and incorporated by reference into this division: (a) Northwest Oregon State Forests Management Plan, Revised Plan, April 2010; (b) Southwest Oregon State Forest Management Plan, Revised Plan, April 2010; and (c) Elliott State Forest Management Plan, November 2011, effective January 1, 2012. (2) The forest management plan documents which have been incorporated by reference into this division are maintained by the State Forester at the Oregon Department of Forestry’s headquarters in Salem, Oregon. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.050 History: DOF 3-2011, f. 12-7-11, cert. ef. 1-1-12 DOF 2-2010, f. & cert.ef. 6-22-10 DOF 2-2001, f. & cert. ef. 1-19-01
629-035-0110 Management of Common School Fund Lands Common School Fund Lands managed by the State Forester under an agreement with the State Land Board shall be managed consistent with OAR 629-035-0030 through 629-035-0100 if the Agreement or the State Land Board so directs. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.490 - 530.500 History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98
629-041-0010 Actual Cost Formulas (1) In the event that a fire burns over forest land which includes both grazing land and timberland, the actual cost for grazing land and timberland shall be determined in accordance with the following formulas: (a) Ratio of fire fighting costs applicable to grazing land: C(g) = (G-D) x A1 (T-E) x A2 + (G-D) x A1 (b) Ratio of fire fighting costs applicable to timberland: C(t) = 1.00 - C(g); (c) Total cost of fire suppression: C = C x C(g) + C x C(t). (2) In order to reveal the nature and meaning of the symbols used in the above formulas, such have the following meaning: (a) A1 = Number of acres of grazing land burned by fire; (b) A2 = Number of acres of timberland burned by fire; (c) C = Total cost of fire suppression on both grazing land and timberland; (d) D = Established deductible rate per acre to be applied to eligible firefighting expense on grazing land; (e) E = Established deductible rate per acre to be applied to eligible firefighting expense on timberland; (f) G = Budget rate per acre for grazing land; (g) T = Budget rate per acre for timberland; (h) C(g) = Ratio of total cost applicable to grazing lands; (i) C(t) = Ratio of total cost applicable to timberland. (3) The above formulas are based upon budget rates established pursuant to ORS 477.205 to 477.291, in particular 477.230 and 477.285, in which the Forester is required to determine actual costs in suppressing fire on grazing land and timberland. Statutory/Other Authority: ORS 183 & 526 Statutes/Other Implemented: ORS 477.205 - 477.29 History: FB 7-1986, f. & ef. 9-25-86 FB 6, f. 5-9-60
629-041-0020 Cost Limitations The annual cost of fire protection provided by the Forester for forest land within any forest protection district, as designated in ORS 477.230 and 477.285, shall not include any of the following: (1) That part of any salary or wage which is in excess of an amount paid for comparable positions in the State of Oregon civil service classification, and for purposes of determining a salary or wage lodging and utilities furnished without charge to the employee will be included therein; the expense for oil, gas, electricity, or other fuel used for heating a residence occupied by a regular employee. (2) Any capital outlay purchases not provided for in the budget; Oregon forest fire association dues and expenses incurred in attending functions and activities of Oregon Forest Protection Association; memberships in service clubs or like organizations; subscriptions to trade journals or magazines; insurance premiums covering liability of forest protective association members; and automobile collision insurance less than $100 deductible, if the fire protection district maintains a full-time automotive shop. (3) In no event secretarial and clerical services of any kind, when such services are in addition to salaries and wages paid for such services, with exception only for fees charged for the annual audit of the forest protection district books and accounts. (4) Fire prevention or other services for certain landowners, when such services are not equally available to all other landowners within the forest protection district; provided, however, such services are within the purposes of ORS 477.205 to 477.291. (5) Any activity or expenditures not directly contributing to the prevention and suppression of fire on forest land in the forest protection district involved. (6) It is the purpose of the above-cited limitations and restrictions to set forth examples. The list of limitations and restrictions is not fully complete, but will act as a guide and standard for the administrator in determining the cost of forest protection for forest lands within a fire protection district. Statutory/Other Authority: ORS 183 & 526 Statutes/Other Implemented: ORS 477.230 - 477.291 History: FB 6, f. 5-9-60
629-041-0200 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Department of Forestry adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018. Statutory/Other Authority: ORS 526.016 & ORS 526.041 Statutes/Other Implemented: ORS 36.220-36.238 & ORS 183.341 History: DOF 15-2024, amend filed 01/05/2024, effective 01/05/2024 DOF 16-2023, temporary amend filed 07/12/2023, effective 07/12/2023 through 01/07/2024 DOF 3-2005, f. & cert. ef. 1-7-05 DOF 7-2004(Temp), f. 9-10-04, cert. ef. 9-15-04 thru 3-13-05
629-041-0500 Purpose The purpose of OAR 629-041-0500 to 629-041-0575 is to set forth the boundaries of Forest Protection Districts, pursuant to ORS 477.225, and thereby identify the lands to which the applicable duties, requirements and penalties of ORS Chapter 477 and 526 shall apply. Statutory/Other Authority: ORS 477.225 Statutes/Other Implemented: ORS 477.225 History: DOF 10-1998, f. & cert. ef. 8-13-98
629-041-0505 Definitions (1) The definitions set forth in ORS 477.001 and OAR 629-041-0005 shall apply to 629-041-0500 to 629-041-0575, unless the context otherwise requires. (2) The following words and phrases, when used in OAR 629-041-0500 to 629-041-0575, shall mean the following, unless the context otherwise requires: (a) "Channel" means the water course through which a stream flows at ordinary low flow. (b) "Line of ordinary high water" means the line on the bank or shore to which the high water level of a body of water ordinarily rises annually in season. (c) "Line of ordinary low water" means the line on the bank or shore to which the low water level of a body of water ordinarily recedes annually in season. (d) "Ocean shore" means the land lying between extreme low tide of the Pacific Ocean and the line of vegetation as established and described by ORS 390.770. (e) The words "east," "north," "south" and "west" mean a straight line in or close to the cardinal direction indicated and which is along lines of the cadastral survey of public lands. (f) The words "easterly," "northerly," "southerly" and "westerly", and modifications thereof, mean a straight and/or a curved line in the general direction indicated and which is along an identified feature. Statutory/Other Authority: ORS 477.225 Statutes/Other Implemented: ORS 477.225 History: DOF 10-1998, f. & cert. ef. 8-13-98
629-041-0510 Administration (1) Pursuant to ORS 477.225, district boundaries may be changed only after a public hearing. A public hearing conducted for the purposes of amending OAR 629-041-0500 to 629-041-0575 shall be deemed to be the hearing required by ORS 477.225. (2) District boundaries set forth in OAR 629-041-0500 to 629-041-0575: (a) Lie within the area surveyed from the Willamette Baseline and the Willamette Meridian. (b) Define the exterior boundary of the district. (c) Progress in a clockwise direction around the district. (3) Unless otherwise stated, all lines described in OAR 629-041-0500 to 629-041-0575 which are along an identified boundary or a special survey line are as those boundaries or special survey lines existed on the date they were incorporated into the rule. Examples include county boundaries and the McQuinn Line which defines a portion of the boundary of the Warm Springs Indian Reservation. (4) Where the words "east," "north," "south" and "west" are used in OAR 629-041-0500 to 629-041-0575 to describe a straight line, such lines shall be meant to include deviations created by section corners which do not exactly match or other similar situations. (5) If the name or identification of a feature used in OAR 629-041-0500 to 629-041-0575 is changed, the description of the district boundary shall remain valid. Statutory/Other Authority: ORS 477.225 Statutes/Other Implemented: ORS 477.225 History: DOF 10-1998, f. & cert. ef. 8-13-98
629-041-0525 Coos Forest Protection District Boundary The boundary of the Coos Forest Protection District is as follows: Beginning at the point where the southern boundary of Oregon, as set forth in ORS 201.005, and the ocean shore line of vegetation, as set forth in ORS 390.770, intersect, in or near section 26, township 41 south, range 13 west, Curry County; thence northerly on the ocean shore line of vegetation, as set forth in ORS 390.770, to the common boundary of Douglas County and Lane County, as set forth in ORS 201.100 and 201.200, in or near section 5, township 20 south, range 12 west, Douglas County; thence easterly on the common boundary of Douglas County and Lane County, as set forth in ORS 201.100 and 201.200, to the northeast corner of the southeast quarter of section 1, township 20 south, range 11 west, Douglas County; thence south to the northeast corner of section 25, township 21 south, range 11 west, Douglas County; thence east to the northeast corner of section 25, township 21 south, range 10 west, Douglas County; thence north to the northwest corner of section 19, township 21 south, range 9 west, Douglas County; thence east to the northeast corner of section 24, township 21 south, range 9 west, Douglas County; thence south on the common line of township 8 west and township 9 west to the boundary of the Southwest Oregon Forest Protection District, as set forth in OAR 629-041-0560, in or near section 36, township 31 south, range 9 west, Douglas County; thence westerly and southerly on the boundary of the Southwest Oregon Forest Protection District, as set forth in OAR 629-041-0560, to the southern boundary of Oregon, as set forth in ORS 201.005, in or near section 13, township 41 south, range 10 west, Curry County; thence westerly on the southern boundary of Oregon, as set forth in ORS 201.005, to the point of beginning. Statutory/Other Authority: ORS 477.225 Statutes/Other Implemented: ORS 477.225 History: DOF 3-2000, f. & cert. ef. 6-27-00 DOF 10-1998, f. & cert. ef. 8-13-98