justicedao/ipfs_state_laws huggingface dataset:
629-610-0000 Purpose (1) Timely reforestation of forestland is an essential factor in assuring continuous growing and harvesting of forest tree species, considering landowner objectives and consistent with the sound management of timber and other forest resources. Reforestation or other forms of revegetation are also important for the continued productivity and stabilization of soils exposed as a result of operations. (2) OAR 629-610-0000 through 629-610-0100 shall be known as the reforestation rules. (3) The purpose of the reforestation rules is to establish standards to ensure the timely replacement and maintenance of free to grow forest tree cover following forest operations at or above stocking levels that will use the tree growth potential of forestlands in Oregon. (4) The reforestation rules are designed to: (a) Define forestland subject to reforestation requirements; (b) Describe the conditions under which reforestation shall be required; (c) Specify the minimum number of trees per acre; (d) Specify the maximum time period allowed for establishment of such trees after an operation reduces stocking; (e) Describe the acceptable species for reforestation; (f) Describe the conditions under which revegetation shall be required in lieu of reforestation; and (g) Specify the conditions under which an exemption from the reforestation requirements may be approved. (5) Except as described below, the reforestation rules shall become effective on January 1, 1995 and shall be applied as follows: (a) Operations completed after January 1, 1995 must comply with the reforestation rules; (b) Except as provided in subsection (c) operations completed before January 1, 1995 must comply with the applicable reforestation requirements of ORS 527.745 and OAR 629-024-0400 to 0404, 629-024-0500 to 0503, and 629-024-0600 to 0604 as they existed on September 6, 1994; (c) Landowners subject to subsection (b) may request to have the reforestation rules apply to an operation at any time following January 1, 1995. The State Forester shall approve such requests so long as the landowner will fully apply the reforestation rules on the operation. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.745 History: DOF 6-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 5-1994, f. 12-23-94, cert. ef. 1-1-95
629-610-0010 Forestlands Suitable for Reforestation (1) Any forestland which is capable of annual wood production of at least 20 cubic feet per acre at culmination of mean annual increment (Cubic Foot Site Class VI or better) shall be subject to the requirements of the reforestation rules. (2) Potential site productivity is determined directly by tree growth and stocking measurements throughout the operation area or determined indirectly using applicable USDA Natural Resources Conservation Service soil survey information, USDA Forest Service plant association guides, Oregon Department of Revenue western Oregon site class maps, or other information determined by the State Forester to be of comparable quality. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.745 History: FB 5-1994, f. 12-23-94, cert. ef. 1-1-95
629-610-0030 Natural Reforestation Methods (1) Natural reforestation methods may be the best means to meet a variety of resource management objectives on some forestlands. Successful natural reforestation requires careful, flexible, site-specific pre-harvest planning and post-harvest monitoring. (2) Reforestation may be difficult on Cubic Foot Site Class VI forestlands due to factors such as poor soils, harsh climate and competing vegetation. Reforestation in wetland areas may be difficult because of high water tables, competing vegetation, and inaccessibility. Careful reforestation planning is needed before operations are conducted on these sites. On Cubic Site Class VI forestlands and in wetlands, the use of silvicultural systems that promote natural regeneration and the retention of good quality residual trees after operations often have a higher probability of success than artificial reforestation methods. (3) When an operation will result in a reforestation requirement and natural reforestation methods are planned, the landowner shall obtain written approval from the State Forester of a plan for an alternate practice which describes how reforestation will be accomplished. Information in the plan shall include: (a) A description of the seed sources that will be used; (b) Site preparation and vegetation competition control methods; (c) An estimate of the time needed to obtain an adequately stocked free to grow stand; (d) How progress towards natural reforestation will be evaluated; and (e) Alternative strategies that will be used if natural reforestation does not progress as planned. (4) The plan for an alternate practice required in section (3) of this rule must be submitted no later than twelve months after tree stocking is reduced. (5) Plans for an alternate practice for the use of natural reforestation methods shall be approved by the State Forester if a determination is made that the information provided accurately indicates there is a high probability the purpose of the reforestation rules will be achieved. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.745 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 5-1994, f. 12-23-94, cert. ef. 1-1-95
629-610-0040 Time Allowed for Reforestation (1) The time period for compliance with the reforestation rules begins at the completion of the operation or 12 months after tree stocking has been reduced, whichever comes first. (2) The landowner shall begin reforestation, including any necessary site preparation, within 12 months when reforestation is required. (3) The landowner shall complete planting or seeding within 24 months unless a plan for an alternate practice for natural reforestation has been approved by the State Forester. (4) By the end of the sixth full calendar year, the landowner shall have established a free to grow stand of trees which meets or exceeds the minimum stocking level required by OAR 629-610-0020. (5) When natural reforestation methods are planned, the time limits for evidence of successful germination and for establishing a free to grow stand of trees which meets or exceeds the minimum stocking level required for the site shall be established in the approved plan for an alternate practice required for such methods. (6) If reforestation cannot be accomplished within the specified time due to circumstances determined by the State Forester to be beyond the landowner's control, the State Forester shall extend the time to accomplish reforestation. Such circumstances may include, but are not limited to: (a) Nursery failure; (b) Inadequate seedling availability following salvage harvesting; (c) Extreme drought; (d) Insect infestation; (e) State smoke management restrictions on the burning of slash; (f) Wildfire or disease damage; or (g) Severe wildlife damage that could not be reasonably anticipated or controlled by the landowner. (7) Extensions shall be made only upon a determination by the State Forester, based on timely written evidence provided by the landowner, that documents the landowner made reasonable attempts to comply with the reforestation requirements of the rules. (8) Where an extension is granted for reforestation failure on land suitable for reforestation or in cases where a violation of the reforestation rules is cited, the landowner shall be required to take remedial action to achieve the required stocking standards within a time prescribed by the State Forester using recognized stand establishment methods. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.745 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 5-1994, f. 12-23-94, cert. ef. 1-1-95
629-610-0050 Acceptable Species for Reforestation and Residual Stand Stocking (1) The State Forester shall determine if tree species are acceptable for artificial reforestation, natural reforestation, and as residual seedling, sapling and pole, or larger tree stocking based on all of the following criteria: (a) The species must be ecologically suited to the planting site; (b) The species must be capable of producing logs, fiber, or other wood products suitable in size and quality for the production of lumber, sheeting, pulp or other commercial forest products; and (c) The species must be marketable in the foreseeable future. (2) Up to 20 percent of the site-based stocking levels required by 629-610-0020 may be met by using free to grow hardwood trees remaining after harvest if the trees are of species meeting the requirements of section (1) of this rule. An approved plan for an alternate practice is required before more than 20 percent of the required stocking may be met with residual, post-operation hardwood trees. Approval for the use of higher levels of hardwood residual stocking shall be based on a determination by the State Forester that there is a high probability the purpose of the reforestation rules will be achieved. (3) Landowners are encouraged to reforest with a mixture of acceptable tree species, where appropriate, to reduce the risk of insect and disease losses and to promote stand diversity. Seedlings or seeds used for artificial reforestation should be from seed sources that are genetically adapted to the growing site. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.745 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 5-1994, f. 12-23-94, cert. ef. 1-1-95
629-610-0060 Use of Non-Native Tree Species (1) When an operation will result in a reforestation requirement, and the landowner intends to plant or seed a tree species not native to the operation area, the landowner shall submit for approval a plan for an alternate practice to the State Forester which describes the tree species and how it will be used to meet the reforestation requirements. Information in the plan must include: (a) The tree species that will be used; (b) Evidence that the species is ecologically suited to the planting site; (c) Evidence that the species is capable of producing commercial forest products that will be marketable in the foreseeable future; and (d) Available research or field test findings which demonstrate the tree species has been successfully used in reforesting sites similar to the operation area. (2) A plan for an alternate practice for the use of non-native tree species must be submitted for approval no later than twelve months after tree stocking is reduced and prior to planting. Plans for an alternate practice for the use of non-native tree species shall be approved by the State Forester if a determination is made that the information provided indicates there is a high probability the purpose of the reforestation rules will be achieved. (3) For the purpose of this rule, any tree species that the State Forester determines has naturally existed and reproduced in the operation area or on similar sites shall be considered a native species. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.745 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 5-1994, f. 12-23-94, cert. ef. 1-1-95
629-610-0080 Revegetation When Reforestation is Not Required When reforestation is not required or planned, the landowner shall ensure sufficient revegetation of the site to provide continuing soil productivity and stabilization within 12 months of the completion of the operation. Revegetation required by this rule may be planted or naturally established, and shall consist of trees, shrubs, grasses, or forbs suitable for soil stabilization and productivity protection. Landowners are encouraged to revegetate the operation area with native plants. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.745 History: FB 5-1994, F. 12-23-94, cert. ef. 1-1-95
629-611-0000 Purpose (1) The purpose of OAR 629-611-0000 to 629-611-0020 is to implement ORS 526.490, providing an incentive for landowners to convert parcels of idle land or land in other uses to commercial forest use. (2) The provisions of ORS 526.490 shall be called the afforestation incentive and OAR 629-611-0000 to 629-611-0020 shall be known as the afforestation incentive rules. (3) The afforestation incentive in these rules is a one-time exemption from most tree retention requirements in the forest practice rules as described in section (5) of this rule. (4) For the purposes of the afforestation incentive rules, "planted" trees means those trees that a landowner establishes as an initial forest stand to qualify for the incentive and includes: (a) All trees the landowner plants or causes to be planted; and (b) All naturally established trees that are established within ten years prior to, or following, the date the parcel is certified as qualified for the incentive. (5) Notwithstanding forest practice rule provisions prohibiting harvest of trees, the afforestation incentive allows landowners to harvest all planted trees on certified afforestation incentive parcels with the following limitations: (a) The afforestation incentive applies only to the land and timber located more than 20 feet from the high water level of the following streams: (A) Type F streams; (B) Type SSBT streams; (C) Type D streams; or (D) Large or medium Type N streams. (b) Any forest operations on such parcels must comply with all forest practice rules that require practices other than restrictions on harvesting the planted trees. (c) A planted tree that later becomes a key component of a specified resource site normally requiring protection under the forest practice rules may be harvested; however, the State Forester may temporarily prohibit harvesting during an annual critical period of use of the site, as provided in the specified resource site protection rules. (d) (For information only) Federal law prohibits a person from taking threatened or endangered species. Taking, under the federal law, may include significant alteration of habitat on any class of land ownership. Compliance with the afforestation incentive rules is not in lieu of compliance with any federal requirements related to the federal Endangered Species Act. Statutory/Other Authority: ORS 526.490 Statutes/Other Implemented: ORS 526.490 History: DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 6-1998, f. 3-31-98, cert. ef. 5-1-98
629-611-0020 Fee for Inspection and Certification The State Forester shall charge a fee to persons requesting certification to offset the costs of inspecting parcels and preparing certificates. This fee shall be $50 per parcel plus $2 per acre for each acre in excess of five acres, to a maximum of $200 per parcel. Statutory/Other Authority: ORS 526.490 Statutes/Other Implemented: ORS 526.490 History: DOF 6-1998, f. 3-31-98, cert. ef. 5-1-98
629-615-0000 Purpose (1) OAR 629-615-0000 to 0300 shall be known as the treatment of slash rules. (2) For the purposes of these rules, treatment of slash is recognized as a necessary tool for the protection of reproduction and residual stands from the risk of fire, insects, and disease, to prepare the site for future productivity and to minimize the risk of material entering streams. Such treatment may employ the use of mechanical processes, fire, chemical or other means to minimize competitive vegetation and residue from harvesting operations. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0300 FB 5-1978, f. & ef. 6-7-78 FB 31, f. 6-14-72, ef. 7-1-72
629-615-0100 Maintenance of Productivity and Related Values (1) Operators shall plan and conduct forest operations in a manner which will provide adequate consideration to treatment of slash to protect residual stands of timber and reproduction to optimize conditions for reforestation of forest tree species, to maintain productivity of forestland, to maintain forest health, and to maintain air and water quality and fish and wildlife habitat. (2) Operators shall dispose of or disperse unstable slash accumulations around landings to prevent their entry into streams. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0301 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94 FB 2-1987, f. 5-4-87, ef. 8-1-87 FB 5-1978, f. & ef. 6-7-78 FB 33, f. 6-15-73, ef. 7-1-73 FB 31, f. 6-14-72, ef. 7-1-72
629-615-0200 Mechanical Site Preparation Near Waters of the State (1) When mechanical site preparation is necessary in riparian management areas or near waters of the state, operators shall conduct the operations in a way that sediment or debris does not enter waters of the state. (2) When using mechanical site preparation, operators shall provide adequate distance between disturbed soils and waters of the state to filter sediment from run-off water. (3) Operators shall not use mechanical site preparation in riparian management areas: (a) On slopes over 35 percent, with the exception of excavator-type equipment used during dry periods; or (b) On sites with evidence of surface or gully erosion; or (c) Where exposure or compaction of the subsoil is likely to occur. (4) During mechanical site preparation, operators shall not place debris or soil in waters of the state or where it may enter waters of the state. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-660-0030 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2630
629-615-0250 Protection of Soil Productivity During Mechanical Site Preparation On land clearing projects where mechanical methods are used, operators shall minimize compaction and movement of topsoil to protect soil productivity. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-620-0000 Purpose (1) OAR 629-620-0000 through 629-620-0800 shall be known as the chemical and other petroleum product rules. In addition to the application of chemicals, operators should be aware that certain requirements of these rules also apply to the use of other petroleum products, such as fuel and lubricants, on any forest operation. (2) Operators are encouraged to voluntarily use integrated pest and vegetation management processes. The use of pesticides is one of a variety of integrated pest management strategies that forest landowners may implement to minimize the impact of forest pests in an environmentally and economically sound manner to meet site specific objectives. When properly used, pesticides and other chemicals can be effective tools in the growing and harvesting of forest tree species. (3) The purpose of the forest practice chemical and other petroleum product rules is to establish requirements that will ensure: (a) Chemicals and other petroleum products used on forestland do not occur in the soil, air, or waters of the state in quantities that would be injurious to water quality or to the overall maintenance of terrestrial wildlife or aquatic life; and (b) The vegetative components of riparian management areas and sensitive resource sites receive protection on herbicide operations consistent with the purposes of the reforestation rules, the requirements of the sensitive resource site rules, and the vegetation retention goals of the water protection rules. (4) All distances listed in the chemical and other petroleum product rules shall be measured horizontally. (5) Operations involving the use of chemicals and other petroleum products on forestland are also subject to the pesticide control laws administered by the Department of Agriculture, hazardous waste laws administered by the Department of Environmental Quality, hazard communication rules administered by the Occupational Safety and Health Division, and the water use laws administered by the Water Resources Department. Maximum contaminant levels in drinking water for certain pesticides are established by the Health Division. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-620-0100 Preventing, Controlling, and Reporting Leaks and Spills of Chemicals and Other Petroleum Products (1) The operator shall maintain equipment used for transportation, on-site storage, or application of chemicals in a leak proof condition. If there is evidence of chemical leakage, the operator shall suspend the further use of such equipment until the deficiency has been corrected. (2) Operators shall take adequate precautions to prevent leaks or spills of other petroleum products, such as fuel, motor oil, and hydraulic fluid, from entering the waters of the state. (3) Operators shall take immediate and appropriate action to stop and contain leaks or spills of chemicals and other petroleum products. (4) The operator shall immediately report to the State Forester any chemical spills and other petroleum product spills resulting from the operation that enter, or may enter, the waters of the state. Such notification will not exempt the operator from any requirements of other local, state, and federal agencies to report chemical or other petroleum product spills. Statutory/Other Authority: ORS 527.715 Statutes/Other Implemented: ORS 527.715 & 527.765 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-620-0200 Protection of Water Quality During Mixing of Chemicals (1) Whenever water is taken from any stream or water impoundment for use in the mixing of chemicals, the operator shall prevent chemicals from entering the waters of the state by taking at least the following precautions: (a) Providing an air gap or reservoir between the water source and the mixing tank; and (b) Using pumps, suction hoses, feed hoses, and check valves that are used only for water. (2) (For information only) When water is to be withdrawn from the waters of the state for use in mixing pesticides or for slash burning, ORS 537.141 requires operators to notify the Water Resources Department and the Department of Fish and Wildlife. Notification to the State Forester does not satisfy this requirement. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-620-0300 Locations of Mixing, Transfer, and Staging Areas for Chemicals and Other Petroleum Products (1) Operators shall conduct the following activities only in locations where spillage of chemicals or other petroleum products will not enter the waters of the state: (a) Mixing chemicals; (b) Transferring chemicals or other petroleum products between equipment or containers including, but not limited to, fueling of aircraft or heavy equipment; (c) Cleaning tanks or equipment used during chemical applications; (d) Landing and staging aircraft. (2) Notwithstanding section (1), operators shall not locate chemical mixing and staging areas for aerial chemical applications within 100 feet of Type F, Type SSBT or Type D streams. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 History: DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-620-0500 Disposal of Chemical Containers Operators shall dispose of chemical containers in accordance with the Department of Environmental Quality’s disposal requirements. Operators may apply flushing solution resulting from cleaning of chemical containers to the operation area. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97