629-610-0090 Exemption from Reforestation for Land Uses Not Compatible with Forest Tree Cover (1) A landowner, through a plan for an alternate practice, may request all, or portions of, an operation area be exempted from the reforestation requirements for the purpose of developing forestland for a use that is not compatible with the maintenance of forest tree cover. Approval of a plan for an alternate practice shall be obtained for such an exemption from the State Forester and shall only be granted for the smallest land area necessary to carry out the intended change in land use. Reforestation shall be required on the portions of operation areas not directly involved in the land use change. (2) In seeking approval of the plan for an alternate practice, the landowner shall provide written documentation to the State Forester which establishes: (a) The specific portion of the operation area necessary for the proposed change in land use; (b) The intended change in land use and the incompatibility of the land use with forest tree cover; (c) The intended change in land use is authorized under local land use and zoning ordinances, and all necessary permits and approvals have been obtained, or will be obtained within 12 months following the reduction in tree stocking; and (d) The county assessor and local planning department have been notified in writing of the proposed change in land use. (3) Reasonable progress towards the change in land use, as determined by the State Forester, shall be made within 12 months of the completion of the operation. Evidence of reasonable progress towards a change to an agricultural use may include activities such as stump removal, cultivation, fencing, and planting or seeding of crops or pasture. Evidence of reasonable progress towards a change to a use involving building a structure may include activities such as stump removal, excavation, and construction. (4) The change in land use shall be completed and continuously maintained within 24 months of the completion of the operation. (5) If the change in land use cannot be accomplished within the specified time due to circumstances beyond the landowner's control, the State Forester shall extend the time to accomplish the change in land use. Such circumstances may include, but are not limited to, governmental delays in reviewing and processing permits and approvals, but do not include delays where a landowner is appealing the denial of a permit or approval if the State Forester does not have reason to believe the landowner will prevail on appeal. Extensions shall be made only upon a determination by the State Forester, based on written evidence provided by the landowner, that the landowner made reasonable attempts to comply. Landowners who need extensions are encouraged to contact the State Forester as soon as possible after the circumstances occur. (6) The State Forester shall determine if the change in land use has been completed by: (a) The presence or absence of improvements necessary for use of the land for the intended purpose; and (b) Evidence of established and continuously maintained use of the land for the intended purpose. (7) To remain exempt from the reforestation requirements the landowner shall continuously maintain the land in the new use until at least six calendar years following the completion of the operation. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674 & 527.745 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 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 5-1994, f. 12-23-94, cert. ef. 1-1-95