justicedao/ipfs_state_laws huggingface dataset:
629-605-0175 Harvest Type 3 Units Exceeding 120 Acres (1) The purpose of this rule is to describe the process that operators shall follow to gain approval of a plan for an alternate practice for a harvest type 3 unit that is between 120 and 240 acres in size. (2) Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting operations that result in a single harvest type 3 unit, or combinations of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership. (3) For each unit on which a harvest type 3 is proposed to exceed the contiguous 120 acre limit, the plan for an alternate practice shall: (a) Describe the planned harvest including, but not limited to, the elements of a written plan listed in OAR 629-605-0170; (b) Include a detailed map of the planned harvest that shows the specific unit boundaries; and (c) Demonstrate that the larger harvest size will result in increased protection of, or reduced adverse impact on, any or all of the resources and values protected by the Oregon Forest Practices Act. For the purposes of this rule, resources and values includes: (A) Air quality, water resources, soil productivity, and fish and wildlife resources as described in ORS 527.710(2); (B) The resource sites needing protection as listed in ORS 527.710(3); (C) Scenic resources within visually sensitive corridors as provided in ORS 527.755; and (D) Public safety related to landslides. (4) The State Forester shall review the operator’s compliance with the Oregon Forest Practices Act and deny approval of the plan for an alternate practice submitted under this rule when the operator has: (a) Received citations for violating a forest practice rule or statute within the past year; or (b) Failed to comply with an order to cease further violation, an order to repair damage, or an order to correct an unsatisfactory condition under ORS 527.680(2). (5) Plans for an alternate practice submitted under this rule shall not be subject to appeal under ORS 527.700(3). (6) Single harvest type 3 units or combinations of harvest type 3 units may not exceed 240 contiguous acres on a single ownership, except when the units have been reforested as described in ORS 527.750(1)(a), (b) and (c). (7) The harvest type 3 acreage limitations do not apply for conversions or disasters described in ORS 527.740(4) when the operator obtains approval from the State Forester of a plan for an alternate practice before conducting operations. Statutory/Other Authority: ORS 527.710, 526.016(4), 527.714 & 527.715 Statutes/Other Implemented: ORS 527.750(5), 527.765, 527.710(3)(a)(D) & 527.670(8) 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 6-2002, f. & cert. ef. 7-1-02
629-605-0180 Interim Process for Protecting Sensitive Resource Sites Requiring Written Plans Protection practices for sites requiring written plans under OAR 629-605-0170(5)(a) or (d) shall be determined for each site as follows: (1) The State Forester shall notify the operator and landowner of the presence of a site requiring a written plan, and request their input into the decision making process. (2) The State Forester shall, when practical, inspect the proposed operation with the landowner or landowner's representative, the operator, and the appropriate representative of the Department of Fish and Wildlife. The State Forester shall then determine if the proposed forest practice is in conflict with the protection of the sensitive resource site. (3) If planned forest practices are determined to conflict with protection of the sensitive resource site, the written plan must describe reasonable measures sufficient to resolve the conflict in favor of the resource site. Reasonable measures to resolve the conflict in favor of the resource site may include but are not limited to preparing and implementing a habitat management plan, obtaining approval of a plan for an alternate practice, limiting the timing of forest practices, redesigning the proposed practices in favor of site protection and excluding the forest activities outright. (4) If planned forest practices are determined not to conflict with protection of the sensitive resource site, the written plan shall describe how the operation will be conducted in compliance with existing forest practice rules. No additional protection measures shall be required. Statutory/Other Authority: ORS 527.710, 526.016(4), 527.714 & 527.715 Statutes/Other Implemented: ORS 527.750(5), 527.765, 527.710(3)(a)(D) & 527.670(8) History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06 DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0118 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94 FB 4-1988, f. 7-27-88, cert. ef. 9-1-88
629-605-0190 Written Plans for Operations Near Critical, Threatened, or Endangered Wildlife Habitat Sites Operators must submit a written plan to the State Forester before operating near or within: (1) Critical wildlife or aquatic habitat sites that are listed in a 1984 cooperative agreement between the Board of Forestry and the Fish and Wildlife Commission or sites designated by the State Forester; or (2) Habitat sites of any wildlife or aquatic species classified by the Department of Fish and Wildlife as threatened or endangered. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 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
629-605-0200 Compliance with Statutory Requirements (1) In addition to all other requirements of administrative rule promulgated under the Forest Practices Act, operators, landowners and timber owners who conduct forest operations shall comply with the requirements in: (a) ORS 527.740 (Harvest type 3 unit limitations); (b) ORS 527.750 (Exceeding harvest type 3 size limitations); (c) ORS 527.755 (Scenic highways and visually sensitive corridors); and (d) ORS 527.676 (Live and dead wood retention in harvest type 2 and 3 units greater than 25 acres). (2) Failure to comply with requirements in section (1) of this rule may be subject to any of the enforcement mechanisms provided in the Oregon Forest Practices Act under ORS 527.680, 527.690, 527.990 or 527.992. 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, Renumbered from 629-024-0120 FB 5-1994, f. 12-23-94, cert. ef. 1-1-95 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94 FB 5-1992, f. & cert. ef. 5-8-92 FB 2-1992(Temp), f. & cert. ef. 1-9-92
629-605-0210 Harvest Type 3 Units within Single Ownerships (1) For the purposes of ORS 527.740 and this rule, “single ownership” as defined in 527.620, shall be interpreted broadly to prohibit manipulation of ownership entities or property transfers intended to avoid the provisions of 527.740, restricting the size of harvest type 3 units, as defined by 527.620. “Single ownership” shall not be interpreted to restrict lawful operations on bona fide separate ownerships. (2) Nothing in ORS 527.740 is intended to restrict the location of a harvest type 3 unit or harvest type 3 unit acreage of one landowner based on the harvest type 3 unit of a wholly separate ownership. Statutory/Other Authority: ORS 527.7210 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0121 FB 1-1993, f. & cert. ef. 1-7-93
629-605-0220 Judicial Determinations of Rule Validity It is the intent of the Board that if any section of a rule is declared invalid or is remanded by the Court of Appeals under ORS 183.400, the remaining sections of the rule will remain valid. 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
629-605-0400 Forest Activity Safety Compliance with worker safety regulations is essential for ensuring the safety of operators and their employees. Regulation of forest practices must be achieved in a manner which allows operators to comply with applicable federal and state safety requirements. In administering the forest practice rules to meet the resource protection goals, especially requirements related to working near snags, residual green trees and unstable material, the State Forester shall use appropriate discretion. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 History: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-0010
629-605-0500 Modification of Requirements for Forest Health and Public Safety Protection requirements for streams, lakes, wetlands and riparian management areas may be modified by approval of a plan for an alternate practice by the State Forester for reasons of forest health or because of hazards to public safety or property. Hazards to public safety or property include hazards to river navigation and hazards to improvements such as roads, bridges, culverts, or buildings. Forest health concerns include fire, insect infestations, disease epidemics, or other catastrophic events not otherwise addressed in OAR 629-643-0300. Such modifications of protection requirements should prevent, reduce or alleviate the forest health conflict or hazard while meeting the intent of the protection goals as much as possible. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674 & 527.710 History: DOF 3-2025, minor correction filed 11/13/2025, effective 11/13/2025 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 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2040
629-607-0000 Purpose and Goals (1) OAR 629-607-0000 through 629-607-0800 shall be known as the small forestland owner rules. (2) Small forestland owners play a vital and distinct role from industrial forestland owners to manage and conserve Oregon’s private forests. Small forestland owners often differ from large owners as to management goals and financial resources, and they also own a disproportionate share of lowland fish and wildlife habitat . (3) Goals for this division include helping small forestland owners: (a) Comply with the Forest Practices Act and rules; (b) Meet the biological goals and objectives for aquatic resources; (c) Practice standard harvest and road management rules; (d) Implement minimum options; (e) Use the forest conservation tax credit; (f) Seek funding under the Small Forestland Investment in Stream Habitat program; (g) Minimize the number of land-use conversions of timberlands to other uses; and (h) Receive financial and educational support to encourage small forestland owners to follow the standard harvest and road management rules . (4) The State Forester shall create a Small Forestland Owner Assistance Office, pursuant to section 19, chapter 33, Oregon Laws 2022. This office shall: (a) Provide supporting services, including but not limited to: (A) Verify landowner eligibility; (B) Education, training, and outreach; (C) Help small forestland owners with road condition assessments in OAR 629-625-0920 and written plans under ORS 527.670(10) and OAR 629-605-0170; (D) Tracking, recording, reporting, and monitoring; and (E) Regulatory and technical assistance. (b) Manage the Small Forestland Investment in Stream Habitat Program Fund; (c) Manage the forest conservation tax credit as described in OAR 629-607-0400 through OAR 629-607-0800; (d) Manage fifth-field watershed calculations, and communicate status, limits, and availability over a one-year planning period (OAR 629-643-0140(4)); and (e) Coordinate outreach efforts with agencies and partner organizations, including the Partnership for Forestry Education, to inform small forestland owners on the Small Forestland Investment in Stream Habitat Program, road condition assessments, the forest conservation tax credit, and other programs administered by the Small Forestland Owner Assistance Office. Statutory/Other Authority: ORS 527.710, Section 17(1), Chapter 33, Oregon Laws 2022, Section 20, Chapter 33, Oregon Laws 2022 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022, Section 16(5), Chapter 33, Oregon Laws 2022 & Section 19(3), 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
629-607-0100 Small Forestland Owner Alternatives (1) Forest practice rules apply to small forestland owners unless addressed directly or by reference in the rules. (2) Resource protection standards may have a disproportionate economic or operational impact on small forestland owner parcels or highly encumber harvest operations. The State Forester shall provide: (a) Small forestland owner minimum options: (A) Along riparian management areas as described in OAR 629-643-0140, 629-643-0141, 629-643-0142, 629-643-0143, and 629-643-0145; (B) Along fish streams with stream adjacent failures as described in OAR 629-630-0920; (C) Near seeps or springs as described in in OAR 629-643-0145; and (D) On steep slopes with designated debris flow traversal areas as described in OAR 629-630-0920; (b) An exemption from the requirements of the Forest Road Inventory and Assessment program described in OAR 629-625-0920; and (c) Plans for alternate practice allowed under OAR 629-605-0173. (3) For small forestland owner parcels that are significantly disproportionately impacted as defined in OAR 629-600-0100, the State Forester shall: (a) Exempt the small forestland owner from the watershed cap described in OAR 629-643-0140; and (b) Allow the small forestland owner to count all trees retained in the riparian management areas described in OARs 629-643-0141, 629-643-0142 and 629-643-0143, towards the wildlife leave tree retention requirements described in ORS 527.676. Statutory/Other Authority: ORS 527.710, Section 2(1), Chapter 33, Oregon Laws 2022 & Section 20, Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 & Section 16(5), 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
629-607-0200 Program Participation (1) Small forestland owners intending to implement minimum options as described in OAR 629-607-0100, exclusively available to small forestland owners , shall do the following: (a) Notify the State Forester of intent by submitting a notification of operations and certify that they meet the definition of a small forestland owner in OAR 629-600-0100. (b) Provide, at the request of the State Forester, additional information including but not limited to: (A) Documentation of full land ownership or partial ownership, which affirms total ownership of forestland of less than 5,000 acres in Oregon; (B) Records of harvests of board feet of merchantable forest products harvested from the Oregon owned forestlands removed in the last three years; and (C) A statement of affirmation that the landowner does not expect to exceed an average yearly volume of 2 million board feet of merchantable forest products from the Oregon owned lands for the next 10 years, following the time of notification. (c) At the discretion of the State Forester, the department may deem a landowner to qualify as a small forestland owner and allow that landowner access to options and incentives of the program even if they have an exceedance of harvest volumes in (1)(b)(B) or (1)(b)(C), if the small forest landowner provides documentation of a need for the funds to: (A) Pay estate taxes; (B) Pay for a court ordered judgment; (C) Pay extraordinary medical expenses; or (D) For a compelling or unexpected obligation. (2) Small forestland owners wishing to access the incentives or minimum management options specifically afforded to them may register as a small forestland owner or complete a road condition assessment (OAR 629-625-0920) at any time prior to conducting a forest operation and may do so through the notification process or through other means as provided by the department. (3) If a small forestland owner indicates intent to exercise a standard practice in lieu of the small forestland owner minimum option, they must receive notice from the department within the 15-day waiting period if the tax credit is not available in the current tax year. (4) Small forestland owners that implement provisions specifically afforded to them as minimum management options or participate in an incentive program administered by the Small Forestland Owner Assistance Office, shall allow access to the department, or extension of the department, for project implementation inspections, rule compliance, and effectiveness monitoring. Statutory/Other Authority: ORS 527.710, Section 2(1), Chapter 33, Oregon Laws 2022 & Section 20, Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 & Section 16(5), 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
629-607-0450 Forest Conservation Tax Credit Area (1) The width of the forest conservation area is the difference between the outermost edge of the standard practice width as described in OAR 629-643-0100 through 629-643-0135 and the outermost edge of the small forestland owner minimum option width as described in OAR 629-643-0141 through 629-643-0142. The length of the forest conservation tax credit area is the length of frontage that follows the same lengths as the standard practice option requirements as defined in OAR 629-643-0100 through 629-643-0135. (2) A small forestland owner may apply for a forest conservation tax credit for an amount that is one half of the stumpage value left between the inside edge of the small forestland owner minimum option and the edge of dry stream channel areas required to be retained for Small Type Np tributaries to Type F or Type SSBT streams as described in OAR 629-643-0105, 629-643-0125, and 629-643-0130. To be eligible for the forest conservation tax credit, the small forestland owner shall field survey the stream and have 100 feet or more of surveyed dry channel between two flow features downstream of the RH max. (3) Once a forest conservation tax credit has been issued for a riparian management area, the small forestland owner and any future owners must adopt the standard practice in that riparian management area for a period of 50 years from the date the certification was issued. (4) Landowners shall not remove trees within a forest conservation area except for incidental tree removal, personal use (e.g., provision of firewood), and public safety purposes consistent with the purposes for which the tax credit has been granted under chapter 34, Oregon Laws 2022. Small forestland owners should consult with the Small Forestland Owner Assistance Office prior to removing trees from the forest conservation area. Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022 Statutes/Other Implemented: Section 3, Chapter 34, 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
629-607-0600 Forest Conservation Tax Credit - Transfer to Heirs (1) Upon the death of a small forestland owner who has been granted a forest conservation tax credit and where there is a credit balance remaining, the executor of the small forestland owner’s estate shall provide notarized written notice to the Small Forest Owner Assistance Office informing the office that the remaining forest conservation tax credit shall be transferred to heirs or devisees of the small forestland owner. At a minimum, the written notice must include all the following: (a) Full legal name of the small forestland owner to which the certificate of the forest conservation tax credit was originally issued; (b) Full legal name of heir(s) and or devisee(s) eligible to receive the remaining forest conservation tax credit; (c) Percentage(s) amount of forest conservation tax credit remaining to be divided amongst each listed heir and or devisee; (d) An attestation that no harvesting has occurred within the original certified forest conservation area. (2) The executor of the small forestland owner’s estate may be required to provide additional documentation to the Department of Revenue (e.g., a probate judgement or additional tax identification information), for verification and forest conservation tax credit tracking. (3) After receiving and reviewing documentation provided by the executor of the estate, the Small Forestland Owner Assistance Office shall provide heirs or devisees of the estate an amended certification. Heirs or devisees must provide documentation prescribed by the Department of Revenue to maintain the forest conservation tax credit. (4) If the small forestland owner, or the owner’s estate heir or devisees, elects to conduct a timber harvest in the forest conservation area, or if the State Forester determines a harvest has occurred in violation of the deed restriction, the Small Forestland Owner Assistance Office shall revoke the certification and notify the Department of Revenue in a manner consistent with ORS 315.061. Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022 Statutes/Other Implemented: Section 3, Chapter 34, 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
629-607-0700 Forest Conservation Tax Credit – Deed Restriction (1) The Small Forestland Owner Assistance Office shall provide the small forestland owner with the appropriate deed restriction document for recording with the county where the eligible forest conservation area is located. (2) After filing the deed restriction, the small forestland owner shall submit documentation of the recording to the Small Forestland Owner Assistance Office. Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022 Statutes/Other Implemented: Section 3, Chapter 34, Oregon Laws 2022 History: DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-607-0800 Forest Conservation Tax Credit – Appeal Rights A small forestland owner who wishes to appeal a decision made by the State Forester regarding the forest conservation tax credit shall use the following procedure: (1) A small forestland owner shall notify the State Forester in writing that they disagree with the decision and explain why they disagree within 90 days of the determination; and (2) If there is an impasse with the State Forester, the person may write the Small Forestland Owner Assistance Office, within 30 days of the State Forester’s determination, requesting an appeal to the Board of Forestry stating the basis for the appeal. The appeal is filed when it is received in the Small Forestland Owner Assistance Office in accordance with ORS 527.700. Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022 Statutes/Other Implemented: Section 3, Chapter 34, 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