justicedao/ipfs_state_laws huggingface dataset:
629-630-0100 Skidding and Yarding Practices (1) For each harvesting operation, operators shall select a logging method and type of equipment appropriate to the given slope, landscape, and soil properties in order to minimize soil deterioration and to protect water quality. (2) Operators shall avoid ground-based yarding on unstable, wet, or easily compacted soils unless operations can be conducted without damaging soil productivity through soil disturbance, compaction or erosion. (3) Operators shall locate skid trails where sidecasting is kept to a minimum. (4) Operators shall locate skid trails on stable areas so as to minimize the risk of material entering waters of the state. (5) Operators shall avoid excavating skid trails on slumps or slides. (6) Operators shall limit cable logging to uphill yarding whenever practical. When downhill cable yarding is necessary, operators shall use a layout and system which minimizes soil displacement. Statutory/Other Authority: ORS 527.710(2) Statutes/Other Implemented: ORS 527.630(3), 527.765 & 527.714 History: DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-630-0150 Ground-Based Harvesting On Steep Or Erosion-Prone Slopes (1) Slopes over 60 percent are subject to the requirements of Sections (4) through (8) of this rule. (2) Slopes over 40 percent where soils consist of decomposed granite-type materials, or other highly erodible materials as determined by the State Forester, are considered erosion-prone and subject to the requirements of Sections (4) through (8) of this rule. (3) Methods that avoid development of compacted or excavated trails are the preferred alternative for operating on steep or erosion-prone slopes. If the operation will result in excavated or compacted skid trails, operators shall apply sections (5) through (8) of this rule. (4) If skid trails are located on steep or erosion-prone slopes, operators shall locate them at least 100 feet from any stream channels. (5) Operators shall locate skid trails where water can drain off the skid trail and onto undisturbed soils. (6) Skid trails shall not be located straight up and down steep or erosion prone slopes for a distance exceeding 100 feet unless effective drainage and sediment filtration can be achieved. (7) Operators shall install effective cross ditches on all skid roads located on steep or erosion-prone slopes. (8) Operators shall limit the amount of ground with disturbed soils on steep or erosion-prone slopes as described in Sections (2) and (3) of this rule to no more than ten percent of the steep or erosion-prone slopes within the operation area . Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.710(2), 527.630(3) & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024 DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03
629-630-0200 Landings (1) Operators shall minimize the size of landings to that necessary for safe operation. (2) Operators shall locate landings on stable areas so as to minimize the risk of material entering waters of the state. (3) Operators shall avoid locating landings in riparian management areas. When no feasible alternative landing locations exist, operators shall submit a written plan to the State Forester before locating landings in riparian management areas. (4) Operators shall not incorporate slash, logs, or other large quantities of organic material into landing fills. (5) Operators shall deposit excess material from landing construction in stable locations well above the high water level. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 & 527.765 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 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-630-0300 Drainage Systems (1) Operators shall construct dips, grade reversals or other effective water diversions in skid trails and fire trails as necessary to minimize soil displacement and to ensure runoff water is filtered before entering waters of the state. (2) Operators shall drain skid trails by water barring or other effective means immediately following completion of the operation and at all times during the operation when runoff is likely. (3) Operators shall establish effective drainage on landings during and after use. 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 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-630-0400 Treatment of Waste Materials (1) Operators shall leave or place all debris, slash, sidecast and other waste material associated with harvesting in such a manner to prevent their entry into waters of the state. (2) Where sidecast material or exposed soils are potentially unstable or erodible, the operator shall stabilize it by pullback, spreading out, seeding or other effective means. (3) Operators shall remove from the forest all petroleum-product-related waste material associated with the operation including, but not limited to, crankcase oil, filters, grease and oil containers. (4) Operators shall dispose of all other debris such as machine parts, old wire rope, and used tractor tracks so that such materials do not 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
629-630-0500 Harvesting On High Landslide Hazard Locations (1) Operators and the State Forester shall share responsibility to identify high landslide hazard locations for timber harvesting and road construction to protect natural resources and public safety. (2) For operations with potential downslope risk to public safety from shallow, rapidly moving landslides, the shared responsibility includes identifying and evaluating the risk using methods described in OAR 629-623-0100 through 0300. For intermediate and substantial levels of risk, the practices described in OAR 629-623-0400 through 0800 shall also apply. The department shall publish Forest Practices Technical Guidance to explain how to implement this rule. (3) Operators shall not construct skid roads on high landslide hazard locations. (4) Operators shall not operate ground-based equipment on high landslide hazard locations. (5) Operators shall prevent deep or extensive ground disturbance on high landslide hazard locations during log felling and yarding operations. (6) Operators concerned about the application of these standards to a specific operation may consult with the State Forester to obtain an evaluation of their harvesting plan and its likelihood of compliance with the standards. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.710, 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 2-2003, f. 6-19-03, cert. ef. 7-1-03 DOF 1-2003(Temp), f. & cert. ef. 1-29-03 thru 7-27-03 DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-630-0600 Felling; Removal of Slash (1) Operators shall fell, buck, and limb trees in ways that minimize disturbance to channels, soils and retained vegetation in riparian management areas, streams, lakes and all wetlands greater than one-quarter acre, and that minimize slash accumulations in channels, significant wetlands and lakes. (2) During felling operations operators shall: (a) Whenever possible, fell all conifer trees away from riparian management areas, streams, lakes and significant wetlands, except for trees felled for stream improvement projects. (b) On steep slopes, use felling practices such as jacking, line pulling, high stumps, whole tree yarding, or stage-cutting as necessary and feasible to prevent damage to vegetation retained in riparian management areas, soils, streams, lakes and significant wetlands. (c) When hardwoods must be felled into or across streams, lakes or significant wetlands, operators shall: (A) Buck and yard the trees to minimize damage to beds, banks and retained vegetation. (B) When it can be done consistently with protecting beds and banks, yard hardwood trees or logs away from the water before limbing. (3) Operators shall minimize the effects of slash that may enter waters of the state during felling, bucking, limbing or yarding by: (a) Removing slash from Type F, Type SSBT, Type D streams, large or medium Type Np streams, small Type Np streams within the RH Max, lakes and significant wetlands as an ongoing process (removal within 24 hours of the material entering the stream) during the harvest operation. (b) Not allowing slash to accumulate in Type Ns streams and small Type Np streams upstream of the RH Max, lakes or wetlands in quantities that threaten water quality or increase the potential for mass debris movement. (c) Placing any slash that is removed from streams, lakes, or wetlands above high water levels where it will not enter waters of the state. 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 1-2017, f. 6-9-17, cert. ef. 7-1-17 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 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-660-0000 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2610
629-630-0900 Western Oregon Harvests; Slopes Model (1) For the purpose of OAR 629-630-0905 through 629-630-0925, designated debris flow traversal areas and designated sediment source areas are determined by the slopes model and displayed on department maps and the department’s reporting and notification system. The slopes model also identifies which designated sediment source areas contain trigger sources, which help prioritize designated sediment source areas for selection as slope retention areas. Department maps and the department’s reporting and notification system display designated sediment source areas and distinguishes those with trigger sources. The slopes model designations can be viewed at the time of submitting a notification of operation to the State Forester. (2) Definitions in section (1) of this rule are defined in OAR 629-600-0100. (3) All trees retained, as required for OAR 629-630-0905 through 629-630-0925, that otherwise meet the requirements for leave trees may count toward requirements for wildlife leave trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676. Operators are encouraged to leave trees that meet the requirements for wildlife, leave trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, immediately adjacent to seeps and springs, as described in OAR 629-655-0000. Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.676, 527.715, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section (10), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-630-0905 Western Oregon Harvesting; Standard Practice; Designated Debris Flow Traversal Areas (1) For Western Oregon, operators shall not harvest timber located in designated debris flow traversal areas. (2) Operators shall retain all trees within 25 feet slope distance from either side of the active channel, or center of the draw if no channel is present for areas identified by the slopes model as designated debris flow traversal areas. (3) Changes in stream classification for a stream, based on field surveys for fish-use consistent with OAR 629-635-020 0, shall not change the department’s maps used for notifications of operations that identify designated debris flow traversal areas. (4) Operators shall submit a written plan, described in OAR 629-630-0925, for timber harvest units containing designated debris flow traversal areas. (5) Cable yarding, which may require cutting, but not removal, of trees, is permitted through designated debris flow traversal areas, but the number, size, and location of yarding corridors shall be designed to minimize impacts to the integrity of designated debris flow traversal areas. The operator shall not remove trees cut for yarding corridors unless these are deemed safety hazards. 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 & Section (10), Chapter 33, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-630-0910 Western Oregon Harvesting; Standard Practice; Designated Sediment Source Areas and Slope Retention Areas (1) Slope retention areas encompass field identified headwalls. The department shall publish Forest Practices Technical Guidance to explain how to implement this rule. (2) Changes in stream classification for a stream, based on field surveys for fish-use consistent with OAR 629-635-0200, shall not change the department’s maps used for notifications of operations that identify designated sediment source areas. (3) Landowner representatives shall identify at least 50 percent of the designated sediment source areas as slope retention areas for timber harvesting in Western Oregon as follows: (a) If the number of designated sediment source areas is an odd number, the landowner representative shall round up to the next even number and identify half of the number as slope retention areas. (b) Prioritize designated sediment source areas for selection of slope retention areas as follows: (A) Designated sediment source areas with trigger sources; and (B) Larger designated sediment source areas. (4) The landowner representative may adjust the distribution and location of slope retention areas, notwithstanding section (3) of this rule, if the selected slope retention areas: (a) Clearly reduce worker safety, as described in OAR chapter 437, Division 7, Forest Activities; or (b) Cause more resource impact, such as additional road or landing construction, excessive sidehill yarding, or other yarding practices that clearly increase ecological impacts . (5) The landowner representative shall have received certified steep slopes training to determine the field delineation of the final boundaries for slope retention areas. The department shall develop and provide certification training opportunities to landowner representatives when the slopes model has been added to the department’s reporting and notification system. (6) After clearly marking in the field the boundaries of the slope retention areas, the landowner representative shall submit a written plan, described in OAR 629-630-0925, for timber harvest units containing designated sediment source areas and slope retention areas. (7) Operators shall not harvest timber located in the slope retention areas. (8) Cable yarding, which may require cutting, but not removal, of trees, is permitted only through slope retention areas that do not contain trigger sources, but the number, size, and location of yarding corridors shall be designed to minimize soil and vegetation disruptions that may increase slope instability. The operator shall not remove trees cut for yarding corridors unless these are deemed safety hazards. (9) Operators shall not construct skid roads or operate ground-based equipment in slope retention areas. 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 & Section (10), Chapter 33, Oregon Laws 2022 History: DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024 DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-630-0915 Statewide Harvesting; Standard Practice; Stream Adjacent Failures (1) Operators shall extend the riparian management areas, described in OAR 629-643-0100 and OAR 629-643-0120, on all identified stream adjacent failures, as defined in OAR 629-600-0100. The riparian management area shall encompass the perimeter of the stream adjacent failure, defined in OAR 629-600-0100, however, the width of the riparian management area shall only extend to the lesser of: (a) The distance of 170 feet from the edge of a Type F or Type SSBT channel; or (b) The distance to the slope break, defined as 20 percent or greater reduction in slope gradient. (2) The landowner representative shall submit a written plan, described in OAR 629-605-0170(13), for timber harvest units where yarding is planned to occur within stream adjacent failures. (3) The landowner shall submit a written plan that describes how the number, size, and location of yarding corridors were selected to minimize impacts to the integrity of stream adjacent failures. (4) Cable yarding, which may require cutting, but not removal, of trees, is permitted through stream adjacent failures, but the number, size, and location of yarding corridors shall minimize impact to the integrity of the feature. The operator shall not remove trees cut for yarding corridors unless these are deemed safety hazards. (5) The operator shall make all riparian management area width measurements using the slope distance and shall measure them from the edge of the active channel or channel migration zone. (6) The department shall publish Forest Practices Technical Guidance to assist operators in identifying channel migration zones. 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 & Section (10), Chapter 33, Oregon Laws 2022 History: DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024 DOF 11-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 5-2022, adopt filed 11/09/2022, effective 07/01/2023
629-630-0925 Written Plans to Evaluate Harvesting on Features Identified in the Slopes Model To evaluate timber harvesting on features identified by the slopes model, operators shall submit a written plan that describes how the operation is planned to be conducted in sufficient detail to allow the State Forester to evaluate and comment on the likelihood that the operation will comply with the Forest Practices Act or administrative rules. The written plan shall include at a minimum: (1) A unit map including, where applicable: (a) Locations of slopes model designated debris flow traversal areas; (b) Locations of slopes model designated sediment source areas and those selected as slope retention areas; and (c) Identification of approximate yarding corridors relative to (1)(a) and (b). (2) Description of the rationale and appropriate documentation for the following that apply: (a) Selection of the 50 percent designated debris flow traversal areas for Western Oregon forestlands that are managed under the small forestland owner minimum option; (b) Selection of slope retention areas, including justification for choosing areas to satisfy the minimum 50 percent designated sediment source area requirement, as described in OAR 629-630-0910(3) and (4); (c) How the number, size, and location of yarding corridors were designed to minimize impacts to the designated debris flow traversal areas; and (d) How the number, size, and location of yarding corridors were designed to minimize soil and vegetation disruptions that may increase slope instability in slope retention areas. (3) Additional administrative information related to the operation as required by individual rules or as requested by the State Forester. 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 & Section (10), Chapter 33, Oregon Laws 2022 History: DOF 5-2024, minor correction filed 01/04/2024, effective 01/04/2024 DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-635-0000 Purpose, Goals, Classification and Riparian Management Goals The definitions in OAR 629-600-0100 apply to the Water Protection Rules, unless otherwise defined in the specific rules. 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 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-0000
629-635-0120 Watershed Specific Practices for Water Quality Limited Watersheds and Threatened or Endangered Aquatic Species (1) The objective of this rule is to describe a process for determining whether additional watershed specific protection rules are needed for watersheds that have been designated as water quality limited or for watersheds containing threatened or endangered aquatic species. (2) The Board of Forestry shall appoint an interdisciplinary task force, including representatives of forest landowners within the watershed and appropriate state agencies, to evaluate a watershed, if the board has determined based on evidence presented to it that forest practices in a watershed are measurably limiting to water quality achievement or species maintenance, and either: (a) The watershed is designated by the Environmental Quality Commission as water quality limited; or (b) The watershed contains threatened or endangered aquatic species identified on lists that are adopted by rule by the State Fish and Wildlife Commission, or are federally listed under the Endangered Species Act of 1973 as amended. (3) The board shall direct the task force to analyze conditions within the watershed and recommend watershed-specific practices to ensure water quality achievement or species maintenance. (4) The board shall consider the report of the task force and take appropriate action. (5) Nothing in this rule shall be interpreted to limit the Board’s ability to study and address concerns for other species on a watershed basis. Statutory/Other Authority: ORS 527.710 & 527.765 Statutes/Other Implemented: ORS 527.710 History: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2020