justicedao/ipfs_state_laws huggingface dataset:
629-020-0030 Compliance with the Statewide Planning Goals (1) The Department shall attempt to achieve goal compliance whenever possible by taking actions that are compatible with the acknowledged comprehensive plans of the applicable local governing body. (2) Except where it is necessary for the Department to adopt findings for compliance with the statewide planning goals, the Department shall achieve goal compliance by acting compatibly with acknowledged comprehensive plans and land use regulations. (3) An action within a land use program of the Department is considered by the Department to be in compliance with the statewide planning goals when such action is compatible with the acknowledged comprehensive plan and land use regulations of the applicable local governing body. (4) In the event that the Department is required to adopt compliance findings against any of the statewide goals, the Department shall adhere to the following procedures: (a) Confirm that a situation exists pursuant to OAR 660-030-0065(3) which requires the Department to adopt findings of compliance with one or more of the statewide planning goals; (b) Identify the specific statewide planning goal(s) or goal requirements the Department must address; (c) Consult directly with the affected jurisdiction(s); (d) Request interpretive guidance from DLCD and the Attorney General’s office; (e) Rely on any relevant goal interpretations for state agencies adopted by LCDC under OAR 660; (f) Adopt any necessary findings to assure compliance with the statewide planning goals. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.245 & 197.250 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90
629-020-0050 Dispute Resolution It is the intent of the Department to achieve compatibility between Department land use programs and acknowledged comprehensive plans and land use regulations whenever possible. However, a situation may occur where the Department believes its statutory mandates, including but not limited to ORS Chapter 530 (Acquisition and Management of State Forests), may prevent the Department from meeting its land use compatibility responsibility under 197.180. The Department shall attempt to resolve all disputes regarding land use issues, including conflicting statutory obligations, by direct contact with the affected cities and counties. However, if no agreement can be reached, the following procedures will be followed to resolve land use disputes concerning approval of a Department program or action: (1) Hold direct discussions with the affected local government(s), DLCD, and any other appropriate or affected persons or agencies in accordance with applicable informal dispute resolution procedures. (2) If the Department’s statutory obligation remains in conflict after exhausting the appropriate procedures under section (1) of this rule, and the Department determines that it must act, the Board of Forestry (or its designated representative) shall adopt findings in writing explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulations and then, adopt goal findings to assure compliance with the statewide goals in accord with OAR 660-030-0065(3). (3) The Department shall provide a copy of the findings referenced in section (2) of this rule to applicable city or county governments and upon request, to other interested persons explaining the rationale for its decision. (4) If the dispute is not resolved through sections (1)–(3) of this rule, the Department may request informal mediation or a compatibility determination from the LCDC in accordance with OAR 660-030-0070. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197, 197.180 & 530.010 - 530.520 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90
629-020-0060 Compliance and Compatibility of New or Amended Land Use Programs The Department will use the following procedures to assure that new or amended agency rules and programs affecting land use will comply with the statewide goals and be compatible with acknowledged comprehensive plans and land use regulations: (1) The Department shall submit notice of any amendment to any Department program affecting land use or any new Department rule or program, except for amendments or new rules and programs related to the Oregon Forest Practices Act (which is expressly exempt from these requirements), to the Department of Land Conservation and Development as required by OAR 660-030-0075. (2) Such notice shall be provided to DLCD in writing not less than 45 days before adoption of any amendment to a program affecting land use or adoption of any new rule or program. (3) The notice provided to DLCD shall demonstrate that the proposed new adoption or amendment: (a) Does not affect land use and therefore is not a land use program; or (b) Affects land use and that goal compliance and comprehensive plan compatibility can be assured through the existing SAC Program procedures; or (c) Affects land use and procedures in the certified SAC Program are not adequate to ensure compatibility and compliance. In this case, the notice shall include an explanation of how compliance and compatibility will be achieved in accordance with the applicable provisions of OAR 660-030-0075. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.250 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90
629-020-0070 Coordination with Affected State and Federal Agencies and Special Districts The Department shall coordinate with state and federal agencies and special districts on Department projects or actions affecting land use when necessary. Additionally, the Department may coordinate with state agencies, federal agencies, and others on land use issues of concern to the Department. Generally, this type of coordination is to provide to state agencies, federal agencies and others, the Department’s perspective on the compatibility of programs or actions that others have proposed with the policies and programs of the Board of Forestry. Department contacts for interagency coordination will be determined by the type of program or action, and may include the Department Land Use Coordinator, a representative from the affected Department program, or local (field) land use planning coordinator (as designated by the District Forester). Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.180 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90
629-020-0080 Cooperation and Technical Assistance to Local Governments (1) Subject to statutory and budgetary limitations, the Department: (a) May provide technical assistance and information to local government; (b) May participate in local land use planning and regulations, including review of applications for forest dwellings, periodic review, plan amendments and plan updates; and (c) May promote the adoption of state land use policies and local land use ordinances that consider the land use policies and programs of the Board of Forestry. (2) Participation and coordination with local government with regard to the programs herein determined to affect land use will be accomplished by the Department working directly with the responsible local government. This involvement will include coordination and participation among the Department, project sponsors, lessors, other affected parties as appropriate and the local jurisdiction to help assure that local land use and building requirements are addressed. In the Salem Metropolitan Area, this will be accomplished principally through the Department’s involvement with the Capitol Planning Commission. Statutory/Other Authority: ORS 197 Statutes/Other Implemented: ORS 197.629 History: FB 7-1990, f. 9-21-90, cert. ef. 10-1-90
629-021-0100 Purpose (1) Improving fish and wildlife habitat and water quality cannot succeed through laws and government actions alone. These rules implement ORS 541.973 which reflects and depends upon Oregonians characteristic spirit of volunteerism and stewardship. The rules provide the means for the Departments of Forestry and Agriculture to implement a voluntary and flexible conservation incentives program that recognizes and rewards agricultural, forest, and other landowners who choose to exceed regulatory criteria for conservation, restoration, and improvement of fish and wildlife habitat or water quality while managing land to meet their objectives. Stewardship agreements will be long-term and consider conservation from a property wide perspective, rather than at the scale of single localized projects. (2) This program provides incentives for landowners who meet and exceed regulatory requirements to achieve conservation. Regulatory requirements are continually reviewed and revised in the face of new scientific information and changing social values. As such, the relevant habitat and water quality statutes provide the means to evaluate whether a landowner is meeting and exceeding regulatory criteria. (3) For lands and activities falling under the Oregon Forest Practices Act, the purpose of the stewardship agreement program is also to more efficiently implement the provisions of the Act as a voluntary alternative to traditional mechanisms of forest operation planning, review, inspection, and enforcement. (4) The stewardship agreement program will recognize other relevant landowner efforts, such as forest or agricultural certification and habitat conservation plans, which have been developed by landowners to meet their management objectives, as components that partially or fully qualify a landowner for a stewardship agreement. (5) The stewardship agreement program may not meet the objectives of all landowners. Landowners who choose not to enter into stewardship agreements, although they may be qualified to do so, are not considered less protective of resources than those landowners who choose to enter into stewardship agreements. (6) Voluntary conservation, restoration, and improvement of fish and wildlife habitat or water quality depends on effective partnerships with other parties. The stewardship agreement program seeks to develop and support cooperative and collaborative partnerships with federal, state, and local agencies and with private conservation and landowner organizations. Statutory/Other Authority: ORS 541.973 & 526 Statutes/Other Implemented: ORS 541.973 History: DOF 1-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-021-0200 Definitions The following definitions apply to OAR 629-021-0100 through 629-021-1100. (1) "Landowner" means the owner identified in the management plan and any agent or consultant authorized by the owner to implement the management plan. (2) "Stewardship agreement" means a written agreement between the landowner and the Department(s) that ensures the implementation of a management plan meeting the intent of ORS 541.973. (3) "Management plan" means a written, multi-resource strategy for a particular tract of farm, forest, or other land, describing how the landowner will manage the land under consideration for a stewardship agreement to meet the intent of ORS 541.973 as laid out in OAR 629-021-0100 to 1100. (4) “Department(s)” refers to the Oregon Department of Forestry and/or the Oregon Department of Agriculture. (5) “Inventory” means describing elements of land uses, such as pasture, crop land, timber land, habitat, and other natural features, but not information that is proprietary or sensitive to landowner financial interests. (6) “Pesticides” include but are not limited to herbicides, insecticides, fungicides, and rodenticides. Pesticides are regulated under the Oregon Pesticide Control Law (ORS 634) and the Oregon Pesticide Regulations (OAR 603-057). (7) “Conservation” means the management of land, water, and natural resources for the purpose of meeting human and ecological needs in a sustainable manner. Statutory/Other Authority: ORS 541.973 & 526 Statutes/Other Implemented: ORS 541.973 History: DOF 2-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-021-0400 Application Review (1) Applications will be reviewed jointly by the Departments. (2) Application review will include a review of the past record of compliance with applicable laws and regulations regarding land use and management. (3) The Departments will accept applications at any time and will review applications in a reasonable time, normally within 90 days. (4) For applications covering lands in both agriculture and forest use, the Departments will designate one of the Departments to be the primary contact for development of the agreement, with both Departments approving the agreement. (5) The Department(s) will consult with appropriate state and federal agencies and other conservation partners regarding potential issues related to their responsibilities and expertise. (6) The Department(s) and landowner will work jointly to develop a draft stewardship agreement. This will include a site visit with the landowner. Statutory/Other Authority: ORS 541.423 & 526 Statutes/Other Implemented: ORS 541.423 History: DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-021-0600 Stewardship Agreement (1) The agreement will include the landowner’s commitment to: (a) Implement the activities and monitoring identified in this agreement for enhancing conservation, restoration, and improvement of fish and wildlife habitat or water quality. (b) Comply with and manage beyond relevant habitat and water quality rules and statutes. (c) Allow audits and assist with the process, as appropriate. (2) The agreement will identify the activities and monitoring that will be done for conservation, restoration, and improvement of fish and wildlife habitat or water quality. (3) The agreement will include the Departments’ commitment to: (a) Accept the agreement as demonstrating compliance with state regulatory requirements if the agreement demonstrates such compliance. (b) Provide specific assistance or incentives that may include: information about conservation programs, certification for marketing purposes, technical assistance, coordination with other agencies to resolve issues. (c) Strive to match participants with resources suitable to meet landowner objectives. (4) For lands subject to the Oregon Forest Practices Act, the stewardship agreement may include sufficient detail to meet the requirements for: (a) Written plans under ORS 527.670(3), OAR 629-605-0170, and 629-605-173; (b) Fifteen-day waiting periods under OAR 629-605-0150 (1), except as provided by ORS 527.670 (9) for aerial chemical applications; (c) Notification consistent with OAR 629-605-0140 and 629-605-0150; and (d) Other administrative rules and statutes related to notification, such as for fire protection, taxation, safety, water withdrawals, or public subscriptions. (5) Landowners may have active forest operations on lands that are part of a proposed stewardship agreement. If so, the stewardship agreement will immediately apply those operations when the stewardship agreement is finalized. (6) Department access to stewardship agreement lands is limited to reviews and audits for which landowners have provided authority. Landowners may also choose to authorize additional limited access to lands under the stewardship agreement for purposes of biological effectiveness monitoring. (7) The agreement will include the frequency of audits, which will be established based on the Departments’ evaluation of the relative complexity of the management plan and the terms of the stewardship agreement. Statutory/Other Authority: ORS 541.423 & 526 Statutes/Other Implemented: ORS 541.423 History: DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-021-0700 Decision Authority (1) The State Forester is delegated full authority by the Board of Forestry to implement the provisions of ORS 541.973 and 527.736(4), including but not limited to review of management plans and preparation and approval of stewardship agreements. (2) Prior to approving a stewardship agreement, the Departments will provide public notice and 21 days for comment on the proposed agreement. (3) When the Departments determine that comments from the review process are adequately addressed, the stewardship agreement will be approved. (4) The Departments will give notice of approval, termination, and revisions of a stewardship agreement to each other, to the Oregon Department of Fish and Wildlife, and to the Oregon Watershed Enhancement Board. (5) If the management plan includes potential chemical application operations related to forest operations, the State Forester will give notice of approval of a stewardship agreement to: (a) Any person with surface water rights pursuant to ORS Chapter 537 who, under the provisions of 527.670(6), has previously requested in writing from the State Forester copies of notifications and written plans for chemical application operations within ten upstream miles of the water right location; and (b) The community water system manager of any community water system where the surface water drainage area upstream of the intake is 100 square miles or less and the management plan includes potential aerial chemical application operations within 100 feet, or ground-based chemical application operations within 50 feet, of the Type D or domestic use portions of Type F streams that provide water used by the community water system. (6) The Departments will notify persons who submitted timely comments of the approval of a stewardship agreement. Any person who submitted timely comments and who is adversely affected by the operations conducted under an approved or amended stewardship agreement may file a written request for a hearing to the appropriate Department. (7) As provided for in ORS 568.912 and 527.700(1) and (2) a landowner may appeal an order denying approval of a stewardship agreement. Statutory/Other Authority: ORS 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 541.973 & 527.736(4) History: DOF 4-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 3-2009, f. 5-7-09, cert. ef. 5-11-09 DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-021-0800 Stewardship Agreement Audits (1) The Department(s) will conduct periodic audits with the landowner on lands under a stewardship agreement. (2) The landowner will provide authorization for the Department (or its designated agent) that is party to the stewardship agreement to conduct periodic audits on lands subject to the stewardship agreement to determine whether the management plan is being implemented and whether the stewardship agreement should be continued, revised, or discontinued. (3) For the purpose of the stewardship agreement rules, an audit means a review of land management and resource sites identified in the stewardship agreement to determine if the terms and conditions of the stewardship agreement are being met. (4) The frequency and the number of audits may vary based on the Departments’ evaluation of the relative complexity of the management plan, the terms of the stewardship agreement, or the performance observed during previous audits. (5) Audits will be conducted at least once every three years. Landowners may request additional audits to help them assess their performance under the stewardship agreement or to provide an annual government certification of their operation. (6) The Departments will provide an audit report to the landowner within a reasonable period, normally 45 days, with recommendations for needed revisions to the stewardship agreement. Statutory/Other Authority: ORS 541.423 & 526 Statutes/Other Implemented: ORS 541.423 History: DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-021-0900 Revising Stewardship Agreements (1) The landowner and the Departments will cooperatively revise the stewardship agreement if: (a) The landowner requests a revision; (b) An audit report recommends revising the stewardship agreement; (c) Any portion of the land changes ownership resulting in that land being removed from the stewardship agreement as per 629-021-1000(3). (2) All revisions to the stewardship agreement are subject to the review process outlined in 629-021-0700(2) and (3). Statutory/Other Authority: ORS 541.423 & 526 Statutes/Other Implemented: ORS 541.423 History: DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-021-1000 Terminating Stewardship Agreements (1) The appropriate Department will issue a written notice to terminate a stewardship agreement when: (a) The landowner is negligent in meeting the terms of the stewardship agreement; (b) The landowner willfully disregards the terms of the stewardship agreement; or (c) The State Forester or Department of Agriculture and landowner fail to reach agreement about revisions required under OAR 629-021-0900 within a reasonable period, normally 45 days. (d) Failure to comply with Federal environmental laws could be criteria for terminating or suspending a stewardship agreement. (2) The written notice to terminate the stewardship agreement will state the conditions under section 629-021-1000(1) of this rule that exist and what, if any, remedies are necessary to avoid the termination. (3) Any parcel of land that is sold or transferred to another landowner will immediately cease to be included in the stewardship agreement. (4) Upon receiving a written notice to terminate the stewardship agreement, the landowner will suspend all portions of operations requiring written plans under the Forest Practices Act until written plans have been submitted and reviewed. (5) The landowner may terminate the agreement after providing written notice to the lead Department for the agreement. Statutory/Other Authority: ORS 541.423 & 526 Statutes/Other Implemented: ORS 541.423 History: DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-021-1100 Periodic Review of Program (1) An interagency review of the Departments’ implementation of the stewardship agreement program will be produced biennially, and presented to the Board of Forestry and Board of Agriculture. This report will include: (a) A description of the agreements approved; (b) Areas of concern regarding implementation of the program; (c) A review of the coordination between the two Departments; (d) Recommendations to revise or modify the program; (e) A review of program effectiveness for enhancing fish and wildlife habitat and water quality. (2) An advisory group, including the Oregon Department of Fish and Wildlife, and other interested/involved parties, will be utilized to assist the Departments in conducting the biennial review. Statutory/Other Authority: ORS 541.423 & 526 Statutes/Other Implemented: ORS 541.423 History: DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06
629-022-0030 Purpose and Trust Responsibilities (1) Forest Resource Trust programs provide financial, technical and related assistance to nonindustrial private and other qualified private and local government Forestland owners to establish Forest Stands and improve management of Forestlands for Timber production, fish and wildlife, water quality and other environmental purposes. (2) The Board of Forestry is responsible for the management of the Forest Resource Trust program. The State Forester is responsible for implementing the Trust program and policies adopted by the Board of Forestry. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0035 Applicability (1) Provisions in OAR 629-022-0030 through 629-022-0120 apply to both the loan and cost share programs of the Forest Resource Trust. (2) Provisions in OAR 629-022-00130 through 629-022-0410 apply only to the loan program of the Forest Resource Trust. (3) Provisions in OAR 629-022-0800 through 629-022-0850 apply only to the cost share program of the Forest Resource Trust. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09