justicedao/ipfs_state_laws huggingface dataset:
629-045-0030 Classification of Forestland by a Committee (1) All lands identified as forestland, pursuant to OAR 629-045-0025, within a forest protection district, shall be classified by a committee as: (a) Class 1, in accordance with the criteria set forth in section (2) of this rule; (b) Class 2, in accordance with the criteria set forth in section (3) of this rule; or (c) Class 3, in accordance with the criteria set forth in section (4) of this rule. (2) Forestland shall be classified as Class 1 if; (a) It is located west of the summit of the Cascade Mountains, or (b) East of the summit of the Cascade Mountains, located in Wasco County and is primarily used for timber production. (3) Forestland shall be classified as Class 2 if: (a) It is located east of the summit of the Cascade Mountains; and (b) It has a potential site productivity of at least 20 cubic feet per acre per year, at culmination of mean annual increment, for one or more tree species native to the locale. (4) Notwithstanding the requirements of sections (2) and (3) of this rule, forestland may be classified as Class 3 if at least one of the following criteria applies: (a) The forestland has a potential site productivity of less than 20 cubic feet per acre per year, at culmination of mean annual increment, for one or more tree species native to the locale; (b) The forestland is actively managed to support vegetation that does not include tree species native to the locale; or (c) The forestland routinely contains enough flammable vegetation to meet the definition of “forestland” but historically has not supported natural growth of a tree species native to the locale. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-045-0035 Classification Requirements and Limitations In classifying lands pursuant to OAR 629-045-0030: (1) A committee may determine potential site productivity: (a) Directly, by tree growth and stocking measurements made in a locale; or (b) Indirectly, by using applicable USDA Natural Resources Conservation Service soil survey information, USDA Forest Service plant association guides, Oregon Department of Revenue site class maps, or other information determined by the State Forester to be of comparable quality. (2) If western juniper is present in a locale, a committee may consider western juniper to be a tree species which is native to the locale. (3) If trees that meet the definition of “Christmas tree” in ORS 571.505 are present in a locale, a committee shall consider such “Christmas trees” to be a tree species which is native to the locale. (4) A committee may not consider the existence of structures, improvements, or clearings, when making classification decisions. (5) A committee may not consider the existence of city limits, urban growth boundaries, zoning, or the absence or presence of an organized structural fire protection provider, when making classification decisions. (6) Notwithstanding the requirements of OAR 629-045-0025 and 629-045-0030, if lands are actively managed for an agricultural purpose, such as by irrigation, plowing, or other practices that result in a substantially reduced likelihood of wildfire spread across the lands, such that the lands do not meet the definition of “forestland,” a committee is not required to classify such lands. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-045-0040 Mapping Requirements and Boundary Recommendations (1) On the maps required by ORS 526.324 and 526.328, a committee shall set forth the outer boundaries of all forestland classified by the committee pursuant to OAR 629-045-0030 and 629-045-0035. (a) Natural geographic features, human-made land features, public land survey lines, or political boundary lines shall be used to describe the outer boundaries. (b) No outer boundaries shall enclose an area of less than 40 acres in size. (c) No outer boundaries shall extend outside of a forest protection district. (2) A committee shall recommend to the State Forester any changes to the boundary of a forest protection district it believes are warranted. (3) A committee shall recommend to the appropriate county governing body the creation of or changes to the boundary of Zone 1 lands, which have been or may be established pursuant to ORS 476.310 to 476.320, if the committee believes such creation or changes are warranted. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-045-0045 Community Meetings (1) Prior to holding the public hearing required by ORS 526.328(1), a committee shall hold one or more community meetings in each county of its jurisdiction. (2) At a community meeting required by section (1) of this rule, a committee shall: (a) Present to any interested persons information about its: (A) Forestland identification process, completed pursuant to ORS 526.320 and OAR 629-045-0025; and (B) Preliminary classification decision process, completed pursuant to ORS 526.324 and OAR 629-045-0030 and 629-045-0035. (b) Make available for inspection the preliminary classification maps required by ORS 526.324. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-045-0050 Formal Written Order Requirements A committee shall file the formal written order required by ORS 526.328(2) with the county clerk(s) within thirty days of its adoption by the committee. Any delay in meeting this thirty day requirement shall be promptly reported in writing to the State Forester. The State Forester may thereafter extend, in writing, the thirty day limitation. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-045-0055 Limitations and Requirements for Forest Protection District Actions (1) The forester shall make adjustments to the forest patrol assessment rolls to give effect to all forestland classification or reclassification decisions made by a committee, pursuant to OAR 629-045-0030 and 629-045-0035, within six months of the date the applicable formal written order was filed with a county clerk pursuant to ORS 526.328(2). Any delay in meeting this six month requirement shall be promptly reported in writing to the State Forester. The State Forester may thereafter extend, in writing, the six month limitation. (2) Forest patrol assessment rolls shall be continuously maintained to reflect correct information with regard to ownership, acreage, subdivision of lots, lot line adjustments, combination of contiguous lots as provided in ORS 477.295, etc., however, neither the forester nor a county assessor is authorized to change the classification of forestland applied to a parcel of land, as filed with the county clerk by a forestland classification committee under 526.328, or by the State Forester under 526.340, except: (a) As provided in section (1) of this rule; (b) As necessary to correct obvious or minor administrative errors; or (c) As necessary to reflect court decisions arising from an appeal made pursuant to ORS 526.332. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-045-0060 Limitations and Classification by the State Forester (1) Pursuant to ORS 526.340, the State Forester may identify and classify forestland in a county, consistent with 526.324 and 526.328, if: (a) The governing body of a county has failed to establish a committee within two years after the State Forester made a request for such establishment pursuant to ORS 526.310(1); (b) A committee failed to adopt and file a final classification, pursuant to ORS 526.328, within five years after the committee was first established; or (c) A committee failed to act in a manner consistent with ORS 526.310 to 526.328. (2) Prior to identifying and classifying forestland in a county, pursuant to ORS 526.340(1)(b), the State Forester shall:(a) Allow a committee to work for at least two years after the committee was first established, before approaching the county governing body to identify and resolve any issue which might be creating an unreasonable delay in the committee’s progress toward fulfillment of its responsibilities.(b) Work with the county governing body to identify and resolve any issue which might be creating an unreasonable delay in the committee’s progress toward fulfillment of its responsibilities. (3) Prior to identifying and classifying forestland in a county, pursuant to ORS 526.340(1)(c), the State Forester shall work with the county governing body to identify and resolve any issue which might be causing the committee to act in a manner inconsistent with 526.310 to 526.328. (4) If the State Forester determines it is desirable or necessary to remove and replace some or all of a committee’s members in order to properly or timely fulfill a committee’s responsibilities, the State Forester shall request the appropriate appointing authority to remove and replace such members, pursuant to ORS 526.310(2). Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-045-0065 Length of Committee Member Terms The amendments to ORS 526.310(2), which become effective January 1, 2010, establish a four-year term for members of forestland classification committees, in the absence of other direction from the appointing authority. Unless otherwise provided for by the appointing authority, a committee member serving on January 1, 2010 may not serve more than four years after that date unless the member is reappointed. If a member is reappointed after January 1, 2010, the term of the reappointed member shall be four years, unless the appointing authority provides otherwise. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-046-0005 Definitions The following words and phrases shall mean the following, unless the context otherwise requires: (1) “Booming Equipment” includes boom sticks. (2) “Brand” means an identifying mark upon forest products or booming equipment, as provided by rule and regulation of the State Forester; but any brands in use and registered with the Public Utility Commissioner on October 1, 1951, with the exception of those brands enclosed in the letter “C,” the use of which is particularly reserved for catch brands, may be continued in use, subject to the other provisions of ORS 532.010 to 532.140. (3) “Catch Brand” means a mark or brand used by a person as an identifying mark upon forest products and booming equipment previously owned by another. (4) “Forest Products” means any form, including, but not limited to, logs, poles, and piles into which a fallen tree may be cut before it undergoes manufacturing, but not including peeler cores. (5) “Highway” means every street, alley, road, highway, and thoroughfare in this state, used by the public or dedicated or appropriated to public use. (6) “Motor Vehicle” means any self-propelled or motor driven vehicle or any train or combination of vehicles used upon any highway in this state in transporting forest products. (7) “Railroad” means any self-propelled vehicle or any train or combination of vehicles operating wholly on fixed rails or tracks. (8) “Waters of This State” includes all bodies of fresh and salt water within the jurisdiction of the state capable of being used for the transportation of forest products, and all rivers and lakes and their tributaries, harbors, bays, sloughs, and marshes. Statutory/Other Authority: ORS 526 Statutes/Other Implemented: ORS 530.059 History: FB 9, f. 9-20-61
629-046-0010 Special Definition “Brand” (1) For purposes of this division, pursuant to authority of OAR 629-046-0005, “brand” shall mean an identifying mark upon forest products or booming equipment, which mark shall be at least two inches square. (2) The mark shall be composed of one or more symbols such as letters, characters, or figures, within or without a single form or outline. (3) The State Forester will not register any brand which is identical with a registered brand, or which closely resembles a registered brand, or which is designed in a style so as to make recognition difficult or confusing with a registered brand; excepting, however, those brands described in OAR 629-046-0005(2). (4) A metal tag with the name or initial of the owner may be substituted for an impressed or cut brand when branding boom sticks. Such tags are to be registered with the State Forester in the manner prescribed for impressed or cut brands. Statutory/Other Authority: ORS 183 & 526 Statutes/Other Implemented: ORS 530.059 History: FB 11-1986, f. & ef. 9-25-86 FB 9, f. 9-20-61
629-046-0015 Forest Products; Manufacturing Under the provisions of ORS 532.010(4), any part of a fallen tree which has been processed though a mill, cut into cordwood, stove wood, hewn ties, or fence posts shall be excluded from the requirements of 532.010 to 532.140. Statutory/Other Authority: ORS 526 Statutes/Other Implemented: ORS 530.059 History: FB 9, f. 9-20-61
629-046-0020 Forest Products; Branding Bundles (1) For purposes of this rule, a “bundle” shall mean several sticks or pieces of forest products which are bundled together for purposes of handling or transportation. (2) Forest products which are being transported in a bundle shall be deemed to be one unit. Placing or affixing a brand to such bundle shall be deemed compliance with ORS 532.010 to 532.140. Statutory/Other Authority: ORS 526 Statutes/Other Implemented: ORS 530.059 History: FB 9, f. 9-20-61
629-046-0025 Forest Products; Shingle Bolts, Shake Bolts, Stud Logs Shingle bolts, shake bolts, eight-foot stud logs, and other such forest products shall each be branded in accordance with the provisions of ORS 532.010 to 532.140; excepting, however, when being transported directly to the place of manufacturing, then, at the option of the owner, such may be branded by marking at least four outside units of such bolts, logs, or other forest products. Statutory/Other Authority: ORS 526 Statutes/Other Implemented: ORS 530.059 History: FB 9, f. 9-20-61
629-046-0030 Branding; Conspicuous Place All brands required by ORS 532.010 to 532.140 shall be marked on the forest products and booming equipment in a conspicuous place, which place shall be a surface whereon said brand shall be readily visible and legible. Statutory/Other Authority: ORS 526 Statutes/Other Implemented: ORS 530.059 History: FB 9, f. 9-20-61
629-047-0010 Definitions (1) The definitions set forth in ORS 477.001 shall apply to OAR 629, division 047, unless the context otherwise requires. (2) The following words and phrases, when used in OAR 629, division 047, shall mean the following unless the context otherwise requires: (a) “Authorized Fire Warden” means a person who has been designated, a Fire Warden — Class A, Fire Warden — Class B, or a Fire Warden-Wildfire Investigator by the Forester. (b) "Bona fide effort” means a good faith attempt to control or extinguish a fire, considering the communication facilities available, the tools available, the water available and the mental and physical condition of the person. (c) “District Forester” means the person in charge of a district, including Oregon Department of Forestry district foresters and forest protection association district managers and district supervisors. (d) “Fire Prevention Citation” means a uniform citation issued pursuant to ORS 477.980 to 477.993 and administrative rules adopted thereunder. Receipt of a Fire Prevention Citation subjects the violator to a fine. (e) “Fire prevention requirements of ORS Chapter 477” means any of the permit and fire prevention requirements of: (A) ORS 477.510, 477.515, 477.535, 477.540, 477.545, 477.550, 477.565, 477.615, 477.625, 477.635, 477.640, 477.645, 477.650, 477.655, 477.660, 477.665, 477.670, 477.695, 477.710, 477.720, 477.740; and (B) Administrative rules adopted pursuant to the statutes listed in subsection (a) of this section; and (C) Written orders of the forester issued pursuant to the statutes and administrative rules described in subsections (A) and (B) of this section. (f) “Fire Prevention Warning” means written notice issued to a violator pursuant to OAR 629, division 047. Receipt of a Fire Prevention Warning requires the violator to pay no fine. (g) “Fire service agency” means fire suppression resources of, or contracted by, the Oregon Department of Forestry, a forest protective association, the U.S. Department of Interior, the U.S. Department of Agriculture, a rangeland fire protection association, a rural fire protection district, a city fire department or a private fire department. (h) “Serious violation” means a violation that results in a fire which proximately causes human injury, loss of human life, or causes property damage of $10,000 or more. (i) “Violation” means the circumstance which exists any time a violator fails to comply with the fire prevention requirements of ORS Chapter 477. (j) “Violator” means the corporation, operator or person subject to ORS Chapter 477 which is responsible for a violation of the fire prevention requirements of ORS Chapter 477. (k) “Written order” means a written requirement, from the forester, for a specified practice. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025 DOF 2-1999, f. & cert. ef. 5-13-99 DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0020 General Policy It is the policy of the Oregon Department of Forestry to gain compliance with the fire prevention requirements of ORS Chapter 477 first through education and cooperation, and second through enforcement. Authorized fire wardens are to educate forest users on the need for the fire prevention requirements of ORS Chapter 477 and to cooperate with the users in formulating solutions to compliance problems within the realm of these requirements. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.005 History: DOF 2-1999, f. & cert. ef. 5-13-99 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0030 Purpose The purpose of OAR 629, division 047 is to ensure a uniform response by authorized fire wardens to violations. Exceptions to these enforcement policies are intended to be few in number and shall be approved in writing by the district forester on forms provided by the State Forester for that purpose. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.005 History: DOF 2-1999, f. & cert. ef. 5-13-99 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0040 Basic Enforcement Action (1) When a violation is determined to exist, an authorized fire warden shall: (a) Issue either a Fire Prevention Citation or a Fire Prevention Warning to the violator in accordance with ORS Chapter 477 and OAR 629-047-0040 to 629-047-0280. (A) A Fire Prevention Citation shall be issued if: (i) A violator has been issued a Fire Prevention Citation or a Fire Prevention Warning for the any violation of ORS 477, in any district, in the previous 60 months; or (ii) The enforcement policy for the violation set forth in OAR 629, division 047 requires the issuance of a Fire Prevention Citation; or (iii) Under periods of extreme fire danger. (B) A Fire Prevention Warning shall be issued if the enforcement policy for the violation set forth in OAR 629, division 047 requires the issuance of a Fire Prevention Warning. (b) Not allow continuance of any portion of an operation exposed to an increased risk of fire due to a violation and existing or predicted weather conditions, until such time as compliance is restored by: (A) Ordering, in writing, that portion of the operation stopped; and (B) Suspending, in writing, for that portion of the operation, the permit issued under ORS 477.625. Examples: (i) When the spark arrester on a dozer is found to be in violation of a requirement of ORS 477.645, the operator shall be ordered to cease operation of the dozer and that portion of the permit issued under 477.625 pertaining to the dozer shall be suspended until the spark arrester is in compliance. (ii) When fire tools required by ORS 477.655 are found to be inadequate, the operator shall be ordered to cease all activity on the operation and the permit issued under 477.625 shall be suspended until the fire tools are in compliance. (2) Timber sale contract provisions and other similar instruments shall not be used as enforcement measures in lieu of the issuance of a Fire Prevention Citation or of a Fire Prevention Warning. (3) Notwithstanding the requirements of section (1) of this rule, a district forester may, on a case by case basis, allow an exception to these enforcement policies when circumstances warrant: (a) In determining if circumstances warrant an exception to these enforcement policies, the district forester shall consider the following factors: (A) A violators prior violation of the same or similar fire prevention requirements of ORS Chapter 477; and (B) The gravity and magnitude of the violation; and (C) Whether the violation is repeated or continuous; and (D) Whether the cause of the violation was an unavoidable accident or a willful, malicious or negligent act; and (E) Whether the violation constitutes a serious violation. (b) Exceptions to these enforcement policies are intended to be few in number and shall be approved in writing by the district forester on forms provided by the State Forester for that purpose. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025 DOF 2-1999, f. & cert. ef. 5-13-99 DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0050 Fire Prevention Citation Issuance Limitations Notwithstanding the requirements of OAR 629-047-0080 to 629-047-0280, multiple violations of the same fire prevention requirement of ORS Chapter 477 on an operation shall be considered a single violation each day they continue. Examples: (1) If five powersaw spark arrester violations are observed, only one Fire Prevention Citation shall be issued each day for powersaw spark arrester violations; (2) If two powersaw fire extinguisher violations and one powersaw spark arrester violation are observed, only one Fire Prevention Citation shall be issued each day for powersaw fire extinguisher violations, in addition to the issuance of a Fire Prevention Citation or Fire Prevention Warning for the powersaw spark arrester violation. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94
629-047-0060 Fire Prevention Enforcement Limitations Only authorized fire wardens who have been designated a Fire Warden — Class A, by the forester on or after the original effective date of this rule, may issue a Fire Prevention Warning or a Fire Prevention Citation for violations involving the fire prevention requirements of ORS 477.510, 477.565, 477.615, 477.625, 477.635, 477.650, 477.655, 477.660, 477.665, 477.670, and 477.695. Statutory/Other Authority: ORS 477.980 Statutes/Other Implemented: ORS 477.980 - 477.993 History: DOF 2-1999, f. & cert. ef. 5-13-99 DOF 11-1998, f. & cert. ef. 8-13-98 DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98 FB 2-1994, f. & cert. ef. 6-9-94