justicedao/ipfs_state_laws huggingface dataset:
629-645-0030 Soil and Hydrologic Function Protection for Significant Wetlands (1) In significant wetlands and their riparian management areas, operators shall protect soil from disturbances that result in impaired water quality, hydrologic functions, or soil productivity. Operators shall protect hydrologic functions by minimizing disturbances and shall prevent accelerating the natural conversion of the wetland to uplands. (2) The written plan required under OAR 629-605-0170 shall describe how the operation will be conducted to prevent adverse effects on water quality, hydrologic functions or soil productivity. The following practices shall be addressed in written plans when they are proposed in significant wetlands: (a) Filling within wetlands; (b) Machine activity within wetlands; and (c) Road construction within wetlands. (3) Operators shall not drain significant wetlands. (4) Notwithstanding subsection (3) of this rule, minor drainage for reforestation is allowed. Any drainage for reforestation must be designed so the significant wetland is not converted to an upland. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674, 527.715 & 527.765 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 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2330
629-645-0040 Understory Vegetation Retention for Significant Wetlands (1) The purpose of retaining understory vegetation is to provide soil stability and bank stability in and along significant wetlands, to maintain cover and shade for wildlife habitat and aquatic habitat, and to protect water quality. (2) To achieve the purpose of understory retention, the operator shall limit disturbance of understory vegetation within significant wetlands and their riparian management areas to the minimum necessary to remove timber harvested from the area and achieve successful reforestation. (3) The written plan required in OAR 629-605-0170 for operations within 300 feet of estuaries and 100 feet of wetlands larger than eight acres (non-estuaries), bogs and important springs in eastern Oregon shall describe how disturbance to the understory vegetation will be minimized during harvest or site preparation for reforestation. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.765 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2340
629-645-0050 Snag and Downed Wood Retention for Significant Wetlands (1) For significant wetlands, operators shall retain all snags and downed trees within the wetlands and the applicable riparian management areas. (2) Notwithstanding subsection (1) of this rule, any snag defined to be a safety hazard under the safety requirements found in OAR 437, division 7, Forest Activities, or determined to be a fire hazard by the State Forester, may be felled. Any snag felled because of a safety or fire hazard shall be left unyarded. (3) The retention requirements in subsection (1) of this rule may be modified for reasons of forest health for trees that are dying or recently dead because of fire, insect or disease epidemics, or other catastrophic events when addressed in a plan for an alternate practice approved by the State Forester. (4) Snags and downed wood left pursuant to subsection (1) of this rule may not be counted toward the requirements of ORS 527.676. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674, 527.715 & 527.765 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 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2350
629-650-0000 Riparian Management Areas and Protection Measures for Lakes (1) The purpose of this rule is to protect the functions and values of lakes. Lakes on forestlands provide a wide range of functions and values, including those related to water quality, hydrologic functions, aquatic organisms, fish and wildlife. (2) Operators shall protect riparian management areas extending: (a) 100 feet from the high water level of large lakes; and (b) 50 feet from the high water level of other lakes that have fish use or other lakes that are equal to or greater than one-half acre in size. (c) No riparian management area is required for other lakes that do not have fish and that are less than one-half acre. (3) For all lakes with riparian management areas, operators shall provide the following to the riparian management areas and the aquatic areas: (a) Live tree retention (OAR 629-650-0010); (b) Soil and hydrologic function protection (OAR 629-650-0020); (c) Understory vegetation retention (OAR 629-650-0030); and (d) Snag and down wood retention (OAR 629-650-0040). (4) For all lakes not having riparian management areas, the lakes shall be protected as other wetlands (OAR 629-655-0000). Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.765 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2400
629-650-0005 Written Plans for Operations Near Large Lakes An operator shall submit a written plan to the State Forester before conducting an operation that requires notification under OAR 629-605-0140 and that is within 100 feet of a large lake. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.670 2) History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
629-650-0010 Live Tree Retention for Lakes (1) Operators shall retain in the riparian management areas of lakes approximately 50 percent of the original live trees, by species, in each of the following diameter classes (DBH): (a) 6 to 10 inches; (b) 11 to 20 inches; (c) 21 to 30 inches; and (d) larger than 30 inches. (2) As part of the live trees in subsection (1) above, trees on the edge of lakes shall be retained. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.765 History: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2410
629-650-0020 Soil and Hydrologic Function Protection for Lakes (1) Operators shall protect soil within the riparian management areas of lakes from disturbances that result in impaired water quality, hydrologic functions, or soil productivity. Operators shall protect hydrologic functions by minimizing disturbances and shall prevent accelerating the natural conversions of lakes to uplands. (2) Operators shall not drain lakes except for lakes formed by plugged culverts or beaver dams and as allowed in rule for road maintenance. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.765 History: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2420
629-650-0030 Understory Vegetation Retention for Lakes (1) The purpose of retaining understory vegetation is to provide soil stability and bank stability along lakes, to maintain cover and shade for wildlife habitat and aquatic habitat, and to protect water quality. (2) To achieve the purpose of understory retention, operators shall limit disturbance of understory vegetation within riparian management areas of lakes to the minimum necessary to remove timber harvested from the areas and to achieve successful reforestation. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.765 History: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2430
629-650-0040 Snag Retention and Downed Wood Retention for Lakes (1) For lakes, operators shall retain all snags and downed trees within the lakes and the applicable riparian management areas. (2) Notwithstanding subsection (1) of this rule, any snag defined to be a safety hazard under the safety requirements found in OAR 437, division 7, Forest Activities, or determined to be a fire hazard by the State Forester, may be felled. Any snag felled because of a safety or fire hazard shall be unyarded. (3) The retention requirements in subsection (1) of this rule may be modified for reasons of forest health for trees that are dying or recently dead because of fire, insect or disease epidemics, or other catastrophic events when addressed in a plan for an alternate practice approved by the State Forester. (4) Snags and downed wood left pursuant to this rule may not be counted toward the requirements of ORS 527.676. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674, 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 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2440
629-655-0000 Protection Measures for “Other Wetlands,” Seeps and Springs (1) Unless identified as stream - associated seeps, springs, or other wetlands under OAR 629-643-0135 and OAR 629-643-0145, there is no riparian management area for other wetlands, seeps, and springs. Important springs in Eastern Oregon, as described in division 645 Water Protection Rules: Riparian Management Areas and Protection Measures for Significant Wetlands rules, are not covered within this rule. (2) When operating in or along other wetlands greater than one-quarter acre, the operator shall: (a) Protect soil and understory vegetation from disturbance that results in reduced water quality, hydrologic function, or soil productivity. Operators shall protect hydrologic functions by minimizing disturbances to soils during forest operations and shall prevent accelerating the natural conversions of wetlands to uplands; (b) Leave snags and downed trees in the wetlands, except for any snags determined by the State Forester to be fire hazards, or any snags that must be felled to achieve compliance with the safety requirements found in chapter 437, division 7, Forest Activities. (A) Any snags felled because of safety or fire hazards shall be left unyarded. (B) Snags and downed wood left within other wetlands, seeps, or springs may apply toward the requirements of ORS 527.676. (3) When conducting operations along other wetlands less than one-quarter acre, springs, or seeps, operators shall protect soil and vegetation from disturbances which would cause adverse effects on water quality, hydrologic function, and wildlife and aquatic habitat. (4) Identification of other wetlands is sometimes difficult, especially when the wetland has no standing water. This is particularly true when the other wetland is forested or very small. In recognition of these facts, the State Forester shall apply appropriate discretion when determining compliance with this rule. (5) Operators are encouraged to: (a) Retain blocks of intact vegetation, including green trees and snags as required to meet ORS 527.676 around other wetlands, seeps, and springs; and (b) For other wetlands that are forested, adequately consider how reforestation will be accomplished. 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 9-2024, minor correction filed 01/04/2024, effective 01/04/2024 DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024 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 629-057-2500
629-660-0040 Stream Channel Changes (1) Operators shall not channelize, relocate, or divert water from any stream, except as allowed in the forest practice rules for construction of roads, stream improvement projects or temporary stream crossings. (2) Operators shall not add to or remove soil or rock from any streams, except as allowed in the forest practice rules for construction of roads, stream improvement projects or temporary stream crossings. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674, 527.710 & 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 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2650
629-660-0050 Beaver Dams or Other Natural Obstructions (1) Except as needed for road maintenance, operators must submit a written plan to the State Forester prior to the removal of beaver dams and other natural obstructions from waters of the state during forest operations. Removal of any beaver dam that is within 25 feet of a culvert shall be considered to be needed for road maintenance. (2) A written plan for removal of a beaver dam or obstruction must demonstrate: (a) A beaver dam or obstruction threatens existing forests or plantations; (b) Beaver dam removal is part of a beaver population control program approved by the Oregon Department of Fish and Wildlife; or (c) Retaining the beaver dam or obstruction would result in greater environmental harm than benefit. (3) Sediment releases and downstream channel scouring can occur when beaver dams are removed. Operators are encouraged to use techniques that result in a gradual release of water when a dam is removed. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674, 527.710 & 527.765 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 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2660
629-660-0060 Headwater Amphibian Species Amphibians that are sensitive to temperature and moisture fluctuations may live in small Type N streams. Operators are encouraged to retain portions of in-unit green live trees and snags as blocks of intact vegetation along small Type N streams. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.765 History: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2670
629-665-0000 Purpose (1) OAR 629-665-0000 to 0210 shall be known as the specified resource site protection rules. (2) These rules provide a protection goal, describe the duties of the State Forester, landowner, timber owner and operator, and outline protection for: (a) Sensitive Bird Nesting, Roosting, and Watering Resource Sites (OAR 629-665-0100); (b) Threatened and Endangered Fish and Wildlife Species that use Resource Sites on Forestlands (OAR 629-665-0200); (c) Biological Sites that are Ecologically and Scientifically Significant (ORS 527.710 (3)(a)(C)); and (d) Significant Wetlands on Forestlands (OAR 629, division 645). Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: DOF 7-2023, minor correction filed 07/01/2023, effective 07/01/2023 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0690 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94 FB 5-1992, f. & cert. ef. 5-8-92 FB 7-1991, f. & cert. ef. 10-30-91
629-665-0010 Protection Goal for a Resource Site (1) The goal of resource site protection is to ensure that forest practices do not lead to resource site destruction, abandonment or reduced productivity. (2) A resource site shall receive protection when the State Forester determines: (a) It is an active resource site; and (b) Proposed forest practices conflict with the resource site. (3) The State Forester may grant an exception from either structural or temporal protection as determined by the Board for each species or resource site. 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 629-024-0695 FB 7-1991, f. & cert. ef. 10-30-91
629-665-0020 Application of Protection and Exception Rules; State Forester Duties; Landowner, Timber Owner and Operator Duties (1) When a landowner, timber owner or operator proposes an operation near a resource site that requires special protection, the State Forester shall inspect the resource site with the landowner or landowner’s representative, the operator and when available, the appropriate representative of the Department of Fish and Wildlife. The State Forester shall: (a) Identify the resource site. (b) Apply the protection goal in OAR 629-665-0010. (A) If the proposed forest practices do not conflict with the resource site, the operation will not be subject to the protection requirements for the resource site. The operation shall be conducted in compliance with all other existing forest practice rules; (B) If the proposed forest practices conflict with the resource site, the structural and temporal protection requirements for the resource site shall be required to eliminate the conflict; (C) When the proposed forest practices conflict with a resource site, the landowner or operator may request a structural or temporal exception through a plan for an alternate practice, if the applicable administrative rule provides for such an exception. (D) The State Forester shall document and maintain on file the reasons for granting or denying all exceptions. (2) If the proposed operation conflicts with the resource site, the operator shall submit a written plan to the State Forester before starting operations. The written plan shall comply with the requirements of OAR 629-605-0170, Written Plans. (3) When the written plan in subsection (2) of this rule does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall maintain on file a written explanation of the reasons for: (a) Differences in the identification of the resource site; and (b) Different protection levels required for the resource site. (4) When a resource site is discovered by the operator, timber owner or landowner during a forest operation, the party making the discovery shall: (a) Immediately protect all remaining trees within 300 feet of the resource site and submit to the State Forester a written plan for the resource site; and (b) Immediately notify the State Forester. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.674 & 527.715 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, Renumbered from 629-024-0699 FB 9-1991, f. & cert. ef. 11-18-91, Renumbered from 629-024-0705 FB 7-1991, f. & cert. ef. 10-30-91 FB 1-1991, f. & cert. ef. 5-23-91 FB 6-1990, f. 8-1-90, cert. ef. 1-1-1991
629-665-0100 Species Using Sensitive Bird Nesting, Roosting, and Watering Sites The following species use sensitive bird nesting, roosting and watering resource sites: (1) Osprey use sensitive bird nesting sites. (2) Great blue herons use sensitive bird nesting sites. (3) Bald eagles use sensitive bird nesting sites. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: DOF 8-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 3-2017, f. 8-14-17, cert. ef. 9-1-17 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0700 FB 1-1991, f. & cert. ef. 5-23-91 FB 6-1990, f. 8-1-90, cert. ef. 1-1-1991
629-665-0200 Resource Sites Used by Threatened and Endangered Species The following resource sites used by threatened or endangered species are sensitive to forest practices: Northern spotted owl nesting sites. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: DOF 3-2017, f. 8-14-17, cert. ef. 9-1-17 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0800 FB 7-1991, f. & cert. ef. 10-30-91
629-670-0000 Purpose Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. Rules that relate to fish streams apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023. OAR 629-670-0000 through 629-670-0350 shall be known as the Oregon Forest Practices Act Enforcement and Civil Penalty Rules. These rules direct the State Forester to take fair and uniform enforcement action when there is a violation of the Oregon Forest Practices Act (ORS 527.610 to 527.770; ORS 527.990(1), ORS 527.992) or laws relating to Pesticide Applications by Helicopter (ORS 527.786 to 527.798) . OAR 629-670-0300 and 629-670-0310 provide an outline of contested case hearings procedures, with specific contested case rules in OAR 629, division 1 and OAR 137, division 3. Statutory/Other Authority: ORS 527.710, 526.016 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.685 History: DOF 5-2022, amend filed 11/09/2022, effective 07/01/2023 DOF 7-2002, f. & cert. ef. 7-1-02 DOF 7-1998, f. 3-31-98, cert. ef. 5-1-98 FB 2-1995, f. 6-19-95, cert. ef. 7-1-95
629-670-0015 Enforcement Policy Effective administration of the Oregon Forest Practices Act and forest practice rules is a balance of technical design, education and enforcement. The forest practice rules require compliance with a practice specified in a rule unless a plan for an alternate practice has been approved in writing by the State Forester. However, it is very difficult to write rules which deal with every conceivable situation and unlikely that the State Forester can monitor every forest operation in Oregon. The board recognizes that it is appropriate that the State Forester exercises judgment in not enforcing compliance with practices in a rule where the practice is clearly not necessary to accomplish the purpose of the rule. At the same time, without written approval for an alternate practice, such a recognition by the board shall not be a defense for an operator who has not complied with a practice. Statutory/Other Authority: ORS 527.710, 526.016(4), 527.714 & 527.715 Statutes/Other Implemented: ORS 527.680, 527.683, 527.685, 527.990 & 183.310 - 183.550 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 7-2002, f. & cert. ef. 7-1-02
629-670-0100 Inspections; Compliance Determination Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. Rules that relate to fish streams apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023. (1) The State Forester shall conduct inspections of operations consistent with section 43, chapter 33, Oregon Laws 2022. (2) The State Forester shall conduct investigations of reported Oregon Forest Practices Act violations and make preventative and compliance inspections on forest operations subject to the Oregon Forest Practices Act. (3) When inspecting operations, the State Forester shall examine practices used by the operator to assess compliance with the applicable forest practice rules and plans for an alternate practice. The State Forester may make recommendations that would help the operator avoid an unsatisfactory condition. (4) When the State Forester determines that an unsatisfactory condition or a violation exists, enforcement action shall be initiated by the State Forester. Statutory/Other Authority: ORS 527.710, 526.016 & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.680 History: DOF 12-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 5-2022, amend filed 11/09/2022, effective 07/01/2023 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 7-2002, f. & cert. ef. 7-1-02 DOF 7-1998, f. 3-31-98, cert. ef. 5-1-98 FB 2-1995, f. 6-19-95, cert. ef. 7-1-95, Renumbered from 629-055-0010 FB 5-1988, f. 7-27-88, cert. ef. 8-1-88