justicedao/ipfs_state_laws huggingface dataset:
629-620-0600 Daily Records of Chemical Applications (1) Whenever pesticides are aerially applied or applied using a pressurized, ground-based, broadcast application system on forestland, the operator shall maintain a daily record of application operations which includes: (a) The legal description of the location of the operation area actually treated with chemicals; (b) The acreage actually treated with chemicals; (c) Brand name or EPA registration number of the chemicals used, the carrier used, and the application rate; (d) Date and time of application; (e) Air temperature, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day’s application for ground applications; (f) Relative humidity, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day’s application for ground applications; (g) Wind velocity and direction, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day’s application for ground applications; (h) The name of the person making the application, including the contractor’s name and pilot’s name when applied aerially, or the contractor’s name and/or employee’s name for ground application. (2) Whenever pesticides are applied on forestland using methods other than those described in section (1) of this rule, the operator shall maintain a daily record of all information listed in subsections (a), (b), (c), (d), and (h) of section (1). (3) Whenever fertilizers are applied on forestland, the operator shall maintain a record of all information listed in subsections (a), (b), (d), and (h) of section (1) of this rule and shall also record the application rate and the formulation used. (4) The records required in sections (1), (2), and (3) of this rule shall be maintained by the operator for three years from the date of application and be made available at the request of the State Forester. 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
629-620-0700 Chemical and Other Petroleum Product Rules: Effectiveness Monitoring and Evaluation (1) In cooperation with state agencies, landowners, and other interested parties, the department shall conduct monitoring to evaluate the effectiveness of the chemical and other petroleum product rules. The monitoring shall determine the effectiveness of the rules to meet the goals of the Forest Practices Act and the purposes stated in the rules, as well as their workability and operability. (2) It is the Board of Forestry’s intent that the department and its cooperators place a high priority on assessing the monitoring needs and securing adequate resources to conduct the necessary monitoring. The department shall work with its cooperators and the Legislature to secure the necessary resources, funding and coordination for effective monitoring. (3) The department shall report to the Board of Forestry annually about current monitoring efforts and, in a timely manner, present findings and recommendations for changes to practices. The Board of Forestry shall consider the findings and recommendations and take appropriate action. 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
629-620-0800 Notification of Community Water System Managers When Applying Chemicals (1) The purpose of this rule is to ensure that community water system managers are appropriately notified of planned chemical operations so that they can coordinate their monitoring activities with planned operations. (2) This rule applies to community water systems where the surface water drainage area upstream of their intake is 100 square miles or less. The State Forester shall maintain a list of community water systems for which notification is required. A community water system with a drainage area of more than 100 square miles upstream of its intake may request to be added to the list based upon its ability to conduct effective monitoring in the watershed. The list shall be available at department field offices where notifications are submitted. (3) When chemicals will be aerially applied within 100 feet, or applied from the ground within 50 feet of domestic portions of Type F, Type SSBT or Type D streams, and the water use is by a community water system as designated under section (2) of this rule, the operator shall notify the water system manager of a planned chemical operation at least 15 days before the operation commences. (4) The operator shall provide the following additional information before commencing the operation if requested by the manager of the affected water system at the time of notification required in section (3) above: (a) The application technology that will be used; (b) Practices that will be followed to minimize drift toward the stream; (c) Any monitoring efforts that will be conducted by the landowner; and (d) The planned time schedule for the application. 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, Renumbered from 629-024-0211 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
629-623-0000 Purpose (1) Shallow, rapidly moving landslides may be a public safety risk affected by forest operations. There is a high natural landslide hazard in certain locations. In the short term, forest practices regulations can reduce the risk to people who are present in locations prone to shallow, rapidly moving landslides. In the long term, effective protection of the public can only be achieved through the shared responsibilities of homeowners, road users, forestland owners, and state and local governments to reduce the number of persons living in or driving through locations prone to shallow, rapidly moving landslides during heavy rainfall periods. (2) OAR 629-623-0000 through 629-623-0800 shall be known as the shallow, rapidly moving landslide and public safety rules. (3) The purpose of the shallow, rapidly moving landslides and public safety rules is to reduce the risk of serious bodily injury or death caused by shallow, rapidly moving landslides directly related to forest practices. These rules consider the exposure of the public to these safety risks and include appropriate practices designed to reduce the occurrence, timing, or effects of shallow, rapidly moving landslides. (4) These rules are based on the best scientific and monitoring information currently available. The department will continue to monitor factors associated with shallow, rapidly moving landslides and also review new research on this issue. The department will recommend rule changes if this new information suggests different forest practices may be appropriate. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0100 Screening for High Landslide Hazard Locations and Exposed Population Screening for High Landslide Hazard Locations and Exposed Population (1) The State Forester will use further review area maps and/or other information to screen proposed operations for high landslide hazard locations that may affect exposed populations. Operators are encouraged to acquire available maps and other information and to conduct their own public safety screening. (2) Upon notification by the State Forester, operators shall identify portions of the operation that contain high landslide hazard locations and shall also identify structures and paved public roads within further review areas below the operation area. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0200 Exposure Categories (1) The State Forester will verify the information provided by operators in OAR 629-623-0100 and use this information to determine the exposure category for the operation. (2) Exposure Category A includes habitable residences, schools, and other buildings where people are normally present during periods when wet season rain storms are common. (3) Exposure Category B includes paved public roads averaging over 500 vehicles per day as determined, if possible, during periods when wet season rain storms are common. (4) Exposure Category C includes barns, outbuildings, recreational dwellings not included in Exposure Category A, low-use public roads, and other constructed facilities where people are not usually present when wet season rain storms are common. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0250 Shallow, Rapidly Moving Landslide Impact Rating (1) The State Forester will publish technical guidance for evaluating and rating shallow, rapidly moving landslide impact potential for any exposed population. Impact rating factors may include, but are not limited to: the location of the structure or road in relationship to the debris torrent-prone stream or steep slope; channel confinement; channel gradient; channel junction angles; and debris in the channel. (2) Shallow, rapidly moving landslide impact potential is rated as unlikely, moderate, serious and in limited cases, extreme. (3) The State Forester may require the landowner to submit a geotechnical determination of shallow, rapidly moving landslide impact rating for the proposed operation. (4) The impact rating may include the potential for the failure of a structure in the direct path of a rapidly moving landslide resulting in a substantial risk of serious bodily injury or death to the exposed population below that structure. (5) The State Forester will make the final impact rating. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0300 Public Safety Risk Levels (1) The exposure categories described in OAR 629-623-0200 and the impact rating described in 629-623-0250 are used to determine the downslope public safety risk level and the applicable forest practice rules that apply to the operation, as described in Sections (2) through (10) of this rule. Substantial downslope public safety risk (2) For Exposure Category A, substantial downslope public safety risk exists if the impact rating is extreme or serious. (3) For Exposure Category B, substantial downslope public safety risk exists if the impact rating is extreme and the State Forester informs the operator that these site specific conditions warrant substantial public safety risk practices. (4) Substantial Downslope Public Safety Risk operations are regulated by OARs 629-623-0400, 629-623-0450, 629-623-0600, and 629-623-0700. Intermediate downslope public safety risk (5) For Exposure Category A, intermediate downslope public safety risk exists if the impact rating is moderate. (6) For Exposure Category B, intermediate downslope public safety risk exists if the impact rating is serious. (7) For Exposure Category C, intermediate downslope public safety risk exists if the impact rating is extreme and the State Forester informs the operator that these site specific conditions warrant intermediate public safety risk practices. (8) Intermediate Downslope Public Safety Risk operations are regulated by OARs 629-623-0500, 629-623-0550, 629-623-0600, 629-623-0700, and 629-630-0500. Low downslope public safety risk (9) All other operations not described in sections 2, 3, 5, 6 and 7 of the rule are determined to have low downslope public safety risk. (10) Low Downslope Public Safety Risk operations are regulated by OAR 629-630-0500and by OAR 629-625-0000 through 0700 and all other applicable rules. Applicability of regulations and use of leave trees (11) As required by ORS 195.256(4), forest practice rules shall not apply to risk situations arising solely from the construction of a building permitted under ORS 195.260(1)(c). (12) Leave trees required to comply with timber harvesting rules for shallow, rapidly moving landslides and public safety may also be used to comply with ORS 527.676 except those required to be retained in riparian management areas by OAR 629-643-0000 through 629-643-0500. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: DOF 10-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0400 Restriction of Timber Harvesting — Substantial Public Safety Risk (1) Operators shall not remove trees from high landslide hazard locations with substantial downslope public safety risk unless a geotechnical report demonstrates to the State Forester that any landslides that might occur will not be directly related to forest practices because of very deep soil or other site-specific conditions. Removal of dead or diseased trees or trees from sites that have already failed is allowed if the operator demonstrates to the State Forester that the operation results in no increased overall downslope public safety risk. (2) Operators shall leave a sufficient number and arrangement of trees adjacent to high landslide hazard locations to reduce the likelihood of trees retained in these locations blowing down. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 Reverted to DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03 DOF 4-2008(Temp), f. 7-11-08, cert. ef. 7-18-08 thru 1-13-09 DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0450 Restriction of Road Construction — Substantial Public Safety Risk (1) Operators shall not construct new roads on high landslide hazard locations or other very steep slopes with substantial downslope public safety risk. (2) Operators may reconstruct existing roads in high landslide hazard locations when the written plan required by OAR 629-623-0700 incorporates site-specific practices as directed by a geotechnical specialist and demonstrates that road reconstruction will reduce landslide hazard. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 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 DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0500 Timber Harvesting — Intermediate Public Safety Risk (1) The purpose of this rule is to manage canopy closure on high landslide hazard locations with intermediate downslope public safety risk. (2) For harvesting operations that remove all or most of the largest trees, operators shall ensure that no more than half the area of high landslide hazard locations on a single ownership within the drainage or hillslope directly above the affected structure or road are in a 0 to 9 year-old age class or with reduced canopy closure in other age classes; (3) For thinning or partial cutting operations, operators shall retain a vigorous stand that allows rapid canopy closure. (4) Landowners shall use reforestation and stand management practices that result in rapid canopy closure. (5) For timber harvesting operations, landowners shall describe in the written plan required by OAR 629-623-0700 how they will manage the high landslide hazard locations on their ownership within the affected drainage or hillslope with intermediate downslope public safety risk. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: Reverted to DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03 Suspended by DOF 4-2008(Temp), f. 7-11-08, cert. ef. 7-18-08 thru 1-13-09 DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0550 Road Construction — Intermediate Public Safety Risk (1) When constructing roads on high landslide hazard locations or other very steep slopes with intermediate downslope public safety risk, operators shall follow site-specific practices as directed by a geotechnical specialist. (2) In addition to the road construction and maintenance rules in OAR 629-625-0100 through 629-625-0440, written plans shall include: (a) An evaluation of cutslope stability that demonstrates major cutslope failure is very unlikely; and (b) A description of measures to be taken to prevent water from draining onto high landslide hazard locations. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5), 527.674 & 527.714 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 DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0600 Protection Along Debris Torrent-Prone Streams (1) The purpose of this rule is to reduce or eliminate woody debris loading, and to retain large standing trees in locations where they might slow debris torrent movement along debris torrent-prone streams with substantial or intermediate downslope public safety risk. (2) During timber harvesting operations, operators shall fell and yard trees in a manner to minimize slash and other debris accumulations in debris torrent-prone stream channels where there is substantial or intermediate downslope public safety risk. (3) Operators shall remove logging slash piles and continuous logging slash deposits from debris torrent-prone stream channels where there is substantial or intermediate downslope public safety risk. (4) Operators shall leave, and during felling and yarding activity, protect large standing trees along the likely depositional reaches of debris torrent-prone streams, as determined by the State Forester, in locations where there is substantial or intermediate downslope public safety risk. Leave trees shall: (a) Be larger than 20 inches in diameter breast height; (b) Be within 50 feet of the edge of the active channel along both sides of the stream; (c) Be left for a distance of 300 feet or the depositional length of the channel, whichever is less, as measured from the beginning of the forested portion of the stream reach above the road or structure; (d) Not include trees that pose a greater public safety risk because of windthrow or other risks as determined by the State Forester. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0700 Written Plans to Evaluate Public Safety Risk (1) To allow evaluation of public safety risk and the appropriate methods for reducing this risk, operators shall submit a written plan for all timber harvesting or road construction operations with intermediate or substantial downslope public safety risk as described in OAR 629-623-0300. Written plans shall include: (a) A determination of public safety risk (OAR 629-623-0300); (b) A map showing those portion(s) of the operation containing high landslide hazard locations; (c) The location of all existing and proposed new roads crossing high landslide hazard locations; (d) A detailed road design for all new or reconstructed roads crossing high landslide hazard locations; (e) The location of habitable structures (Exposure Category A) and paved public roads (Exposure Category B) below the operation and within further review areas; (f) Locations where timber harvesting will not occur; (g) Locations where partial cutting will occur and the specific silvicultural prescription; and (h) Additional information related to the operation as requested by the State Forester. (2) Operators shall submit a written plan for proposed stream crossing fills constructed across debris torrent-prone streams with substantial or intermediate downslope public safety risk. (3) Operators shall submit a written plan for proposed waste fill areas within a drainage containing debris torrent-prone streams where there is substantial or intermediate downslope public safety risk. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5), 527.674 & 527.714 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 DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-623-0800 Hazard Mitigation and Risk Reduction Projects (1) Completed landslide mitigation projects can be used to lower the shallow, rapidly moving landslide impact rating as described in OAR 629-623-0250. (a) The landowners who own structures and are directly affected by the impact rating must agree to landslide mitigation. (b) Structural measures designed and inspected by a geotechnical specialist are the preferred mitigation strategy. (2) Landowners may remove trees on high landslide hazard locations above habitable structures or paved public roads where the public safety risk from trees blowing over is equal to or higher than the public safety risk from landslides. Supporting evidence for removing these trees must be included in the written plan required by OAR 629-623-0700. (3) A homeowner may submit evidence in the form of a risk management plan to the State Forester to lower the exposure category (OAR 629-623-0200) from Exposure Category A to Exposure Category B. Risk management plans shall include: (a) An evacuation plan that substantially reduces the risk to residents and visitors during periods when shallow, rapidly moving landslides may occur; (b) A copy of the property title showing full disclosure of the elevated landslide hazard on that property, including a statement that it is the homeowner's responsibility to inform residents and visitors of the elevated landslide hazard and of the necessity to comply with the evacuation plan; (c) Assumption by the homeowner of all liability for injury and property damage associated with shallow, rapidly moving landslides initiating within the operation; and (d) The signatures of the homeowner and of a notary public. Statutory/Other Authority: ORS 527.710(10) Statutes/Other Implemented: ORS 527.630(5) & 527.714 History: DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
629-625-0000 Purpose (1) Forest roads are essential to forest management and contribute to providing jobs, products, tax base, and other social and economic benefits. (2) OAR 629-625-0000 through 629-625-0920 shall be known as the road construction and maintenance rules. (3) The purpose of the road construction and maintenance rules is to establish standards for locating, designing, constructing, and maintaining efficient and beneficial forest roads; locating and operating rock pits and quarries; identifying active and inactive roads that have fish passage barriers or contribute sediment to waters of the state, to correct conditions; and to vacate roads, rock pits, and quarries that are no longer needed in manners that provide the maximum practical protection to maintain forest productivity, water quality, and fish and wildlife habitat. (4) To achieve the goals of the division, all roads will be designed, constructed, improved, maintained, or vacated to: (a) Prevent or minimize sediment delivery to waters of the state; (b) Ensure passage for covered species during all mobile life-history stages; (c) Prevent or minimize drainage or unstable sidecast in areas where mass wasting could deliver sediment to public resources or threaten public safety; (d) Prevent or minimize hydrologic alterations of the channel; (e) Prevent or minimize impacts to stream bank stability, existing stream channel, and riparian vegetation; (f) To the maximum extent practicable, hydrologically disconnect forest roads and landings from waters of the state; and (g) Avoid, minimize, and mitigate loss of wetland function. (5) The road construction and maintenance rules shall apply to all forest practices regions unless otherwise indicated. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024 DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97