justicedao/ipfs_state_laws huggingface dataset:
629-625-0300 Road Design (1) The purpose of OAR 629-625-0300 through 629-625-0330 is to provide design specifications for forest roads that protect water quality. (2) Operators shall design and construct roads to limit the alteration of natural slopes and drainage patterns to that which will safely accommodate the anticipated use of the road and will also protect waters of the state. (3) The department shall publish Forest Practices Technical Guidance that explains how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state, in support of the following rules: (a) OAR 629-625-0320(3)(a) to explain how to implement the rule for the 100-year peak flow, at a minimum, every 10 years to incorporate the most recent peak flow data. (b) OAR 629-625-0200(5) to explain and describe the content of written plans for road construction in critical locations. (c) OAR 629-625-0320(10) to explain how to implement rules for the construction and reconstruction for all water crossings updated every 10 years, at a minimum. (d) OAR 629-625-0320(10)(c) to explain how to develop a chemical spill prevention and response plan. (e) OAR 629-625-0320(10)(d) to explain how to implement rules for in-water work, worksite isolation, and dewatering updated every ten years, at a minimum. (f) OAR 629-625-0320(10)(d)(A)(ii) to explain how to implement rules for replacing stream crossing structures outside normal in-water work periods. (g) OAR 629-625-0330(1) to explain how to implement rules to hydrologically disconnect forest roads and landings from waters of the state. (h) OAR 629-625-0910(6) to explain how to identify abandoned roads and bring them into compliance with the forest practice rules. (i) OAR 629-625-0800(1) to explain how to avoid or minimize and mitigate for all road and landing construction near or within a significant wetland, stream-associated wetland, or wetlands greater than 0.25 acres in size when impacts are unavoidable. 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 3-2024, 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
629-625-0310 Road Prism (1) Operators shall use variable grades and alignments to avoid less suitable terrain so the road prism is the least disturbing to protected resources, avoids steep sidehill areas, wet areas, and potentially unstable areas as safe, effective vehicle use requirements allow. (2) Operators shall end-haul excess material from steep slopes or high landslide hazard locations where needed to prevent landslides. (3) Operators shall design roads no wider than necessary to accommodate the anticipated use and minimize environmental impacts to waters of the state and covered species from new road construction. The running surface width shall average not more than 32 feet for double lane roads and 20 feet for single lane roads, exclusive of ditches plus any additional width necessary for safe operations for fill widening or on curves, turnouts, and landings. (4) Operators shall design cut and fill slopes to minimize the risk of landslides. (5) Operators shall stabilize road fills as needed to prevent fill failure and subsequent damage to waters of the state using compaction, buttressing, subsurface drainage, rock facing, or other effective means. (6) Operators shall utilize end-haul construction and not place fill within the riparian management area of a stream or within 75 feet of a stream channel where a riparian management area is not required, excluding crossings and approaches to crossings. Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & 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 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-625-0330 Drainage (1) All active, inactive, and vacated forest roads and landings shall be hydrologically disconnected to the maximum extent practicable from waters of the state to minimize sediment delivery from road runoff and reduce the potential for hydrological changes that alter the magnitude and frequency of runoff. Operators shall locate d rainage structures based on the priority listed below. When there is a conflict between the requirements of sections (2) through (7) of this rule, the lowest numbered section takes precedence and the operator shall not implement the later numbered and conflicting section. (2) Operator shall not install cross-drains and ditch-relief culverts in a way that causes stream diversion. (3) Operators shall not concentrate road drainage water into headwalls, slide areas, high landslide hazard locations, or steep erodible fillslopes. (4) Operators shall not divert water from stream channels into roadside ditches. (5) Operators shall install drainage structures at approaches to stream crossings to divert road runoff from entering the stream. If placement of a single drainage structure cannot be placed in a location where it can effectively limit sediment from entering the stream, then additional drainage structures, road surfacing, controlling haul, or other site-specific measures shall be employed so that the drainage structure immediately prior to the crossing will effectively limit sediment from entering the stream. Operators may also use best management practices to manage sediment at the outflow of the drainage structure nearest to the crossing. (6) Operators shall provide drainage when roads cross or expose springs, seeps, or wet areas. (7) Operators shall provide a drainage system that minimizes the development of gully erosion of the road prism or slopes below the road using grade reversals, surface sloping, ditches, culverts, waterbars, or any combination thereof. For new road construction, operators shall use outsloping to the maximum extent practicable when site-specific conditions allow for its safe and effective use. (8) The department shall publish Forest Practices Technical Guidance to assist operators with road drainage rule compliance and to explain how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state. Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & 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 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-625-0400 Road Construction OARs 629-625-0400 through 629-625-0440 provide standards for disposal of waste materials, drainage, stream protection, and stabilization to protect water quality during and after road construction. 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
629-625-0410 Disposal of Waste Materials (1) Operators shall place debris, sidecast, waste, and other excess materials associated with constructing, maintaining, or vacating roads in stable locations outside of the riparian management area where these materials may not enter all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals or otherwise degrade aquatic resources after construction. (2) Operators shall select stable areas for the disposal of end-haul materials and shall prevent overloading areas which may become unstable from additional material loading. (3) If other alternatives present are unstable or there is a higher potential for delivery of waste materials to all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals, operators may place waste materials within the riparian management area but no closer than 75 feet from all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals. To place waste materials within the riparian management area but no closer than 75 feet from a water of the state, operators must submit written plan that describes site-specific measures that prevent or minimize the entry of these materials to all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals. (4) If the protections of a riparian management area are not required, operators shall place waste materials at a minimum of 75 feet from all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals. (5) Operators shall develop a written plan for temporary placement of waste materials within the riparian management area that is necessary for constructing or vacating roads and crossings that describes site-specific measures that prevent or minimize the entry of these materials to waters of the state and the timeframe for removal of those waste materials. (6) Woody debris, rocks, or other materials placed for erosion control or for habitat restoration are exempt from this rule. 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
629-625-0440 Stabilization (1) Operators shall establish effective drainage and stabilize exposed material, which is potentially unstable or erodible to avoid potential delivery of sediment to waters of the state, by use of seeding, mulching, riprapping, leaving light slash, pull-back, or other effective means, as soon as practicable after completing operations or prior to the start of the rainy season. These areas include, but are not limited to, unsurfaced road grades, cut slopes, fill slopes, ditchlines, waste disposal sites, rock pits, and other areas with the potential for sediment delivery to waters of the state. (2) During wet periods operators shall construct roads in a manner which prevents sediment from entering waters of the state. (3) Operators shall not incorporate slash, logs, or other large quantities of organic material into road fills. 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
629-625-0500 Rock Pits and Quarries (1) The development, use, and abandonment of rock pits or quarries which are located on forestland and used for forest management shall be conducted using practices which maintain stable slopes and protect water quality. (2) Operators shall not locate quarry sites in channels. (3) When using rock pits or quarries, operators shall prevent overburden, solid wastes, or petroleum products from entering waters of the state. (4) Operators shall stabilize banks, headwalls, and other surfaces of quarries and rock pits to prevent surface erosion or landslides. (5) When a quarry or rock pit is inactive or vacated, operators shall leave it in the conditions described in section (4) of this rule, shall remove from the forest all petroleum-related waste material associated with the operation, and shall dispose of all other debris 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: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0111 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94 FB 5-1978, f. & ef. 6-7-78 FB 40, f. 6-5-75, ef. 7-1-75
629-625-0600 Road Maintenance (1) The purpose of this rule is to protect water quality and ensure hydrologic disconnection of roads from waters of the state to the maximum extent practicable by timely maintenance of all active and inactive roads. Road surface must be maintained as necessary to: (a) Minimize erosion of the surface and the subgrade; (b) Minimize direct delivery of surface water to waters of the state; (c) Minimize sediment entry to waters of the state; (d) Direct any groundwater that is captured by the road surface onto stable portions of the forest floor; (e) Ensure properly functioning and durable drainage features; and (f) For existing roads with inboard ditch, avoid overcleaning of ditchlines. (2) Operators shall inspect and maintain culvert inlets and outlets, drainage structures, and ditches before and during the rainy season as necessary to minimize the likelihood of impeding flow and the possibility of structure failure. (3) Operators shall provide effective road surface drainage, such as water barring, surface crowning, constructing sediment barriers, or outsloping prior to the rainy and runoff seasons. (4) When applying road oil or other surface stabilizing materials, operators shall plan and conduct the operation in a manner as to prevent entry of these materials into waters of the state. (5) Operators shall maintain, and repair active and inactive roads as needed to minimize damage to waters of the state. This may include maintenance and repair of all portions of the road prism during and after intense winter storms, as safety, weather, soil moisture, and other considerations permit. (6) Operators shall place material removed from ditches in a stable location. (7) Operators shall install drainage structures on ditches that capture groundwater. (8) Where needed to protect water quality, as directed by the State Forester, operators shall place additional cross drainage structures on existing active roads within their ownership prior to hauling to meet the requirements of PAR 629-625-0330. (9) In order to maintain fish passage through water crossing structures, operators shall: (a) Maintain conditions at the structures so that passage of adult and juvenile fish is not impaired during periods when fish movement normally occurs; (b) As reasonably practicable, keep structures cleared of woody debris and deposits of sediment that would impair fish passage; and (c) Adhere to other fish passage requirements under the authority of ORS 509.580 through 509.910 and OAR 635-412-0005 through 635-412-0040 administered by other state agencies that may be applicable to water crossing structures. Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & Section 2(2), Chapter 33, Oregon Laws 2022 History: DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024 DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024 DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-625-0700 Wet Weather Road Use (1) The purpose of this rule is to reduce delivery of fine sediment to streams caused by the use of forest roads during wet periods that may adversely affect downstream water quality in Type F, Type SSBT or Type D streams. (2) Operators shall use durable surfacing or other effective measures that resist deep rutting or development of a layer of mud on top of the road surface on road segments that drain directly to streams on active roads that will be used for log hauling during wet periods. (3) Operators shall cease active road use where the surface is deeply rutted or covered by a layer of mud and where runoff from that road segment is causing a visible increase in the turbidity of Type F, Type SSBT or Type D streams as measured above and below the effects of the road. (4) The department shall publish Forest Practices Technical Guidance to explain how wet weather road use can avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state. Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & 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 12-2002, f. 12-9-02 cert. ef. 1-1-03
629-625-0800 Construction in Wetlands Avoid or minimize all road and landing construction near or within significant wetlands as described in OAR 629-680-0310 , stream-associated wetlands, or wetlands greater than 0.25 acres in size. Where impacts are unavoidable, operators must first minimize impacts and then mitigate for them in the following priority order options (1) through (4) of this rule: (1) Operators shall avoid impacts to significant wetlands, stream-associated wetlands, and other wetlands greater than 0.25 acres in size by selecting the least environmentally damaging landing location, road location and road length. Operators must attempt to minimize road length when avoiding wetlands. (2) When road or landing construction in a significant wetland, stream-associated wetland, or other wetlands greater than 0.25 acres in size cannot be avoided, the operator shall build a temporary road or landing that: (a) Minimizes impacts by reducing the subgrade width, fill acreage, and spoil areas; and (b) Removes temporary fills or road sections upon the completion of the project. (3) Permanent road construction in a significant wetland, stream-associated wetland, or other wetlands greater than 0.25 acres in size, operators must mitigate impacts by: (a) Reducing or eliminating impacts over time by preserving or maintaining areas; or (b) Replacing affected areas by creating new wetlands or enhancing existing wetlands. (4) Filling or draining more than 0.25 acres of a significant wetland, any stream-associated wetland, or other wetlands greater than 0.25 acres in size requires the operator to replace by substitution or enhance the road or landing construction site for the lost wetland functions and values. The objective of successful replacement by substitution of lost wetland area is approximately on a two-for-one basis and of the same type and in the same general location. The objective of enhancing wetland function is to provide for an equivalent amount of function and values to replace that which is lost. (5) The department shall publish Forest Practices Technical Guidance to assist operators with rule compliance and to explain how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and 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, adopt filed 11/21/2022, effective 01/01/2024
629-625-0920 Road Condition Assessment (1) The purpose of this rule is to ensure that roads used for harvest and owned by small forestland owners, as defined by OAR 629-600-0100, comply with the standards of the Forest Practices Rules. (2) The requirements of the Forest Road Inventory and Assessment program described in OAR 629-625-0900 do not apply to small forestland owners. (3) When a small forestland owner submits a notification including the harvest of timber using the department’s reporting and notification system, they shall complete the department road condition assessment. Notifications for activities other than timber harvest shall not require completion of a road condition assessment. The small forestland owner is encouraged to complete the road condition assessment for all roads in their parcel without a planned timber harvest. (4) The road condition assessment shall include all roads in the parcel owned by the small forestland owner where the harvest will take place, including the following descriptions: (a) The road condition that contributes to active or potential delivery of sediment to waters of the state; (b) Water crossing’s locations and the status of compliance with the forest practice rules; (c) Potential fish passage barriers on Type F and Type SSBT streams; (d) Abandoned roads; and (e) Roads with a perched fill that present a significant hazard to fish-bearing streams. (5) The department, in consultation with the Department of Fish and Wildlife, shall review eligibility for state grants to improve the road conditions described in section (4)(c), (d), and (e) of this rule. (6) The small forestland owners are not required to undertake the following road improvements projects, without funding by the State of Oregon: (a) Replacement of culverts for Type F and Type SSBT streams; (b) Repair of abandoned roads; or (c) Reconstructing, vacating, or relocating roads with a perched fill that present a significant hazard to fish-bearing streams. (7) If the State of Oregon, under the small forestland investment in stream habitat program described in OAR 629-607-0300, fails to fund an eligible and approved road improvement project for a small forestland owner, the non-implementation of those projects shall not prevent the small forestland owner from using the road for any purpose, except for the following conditions: (a) The road is actively delivering sediment to waters of the state; or (b) The road has one or more culverts with an imminent risk of failure, as defined in OAR 629-600-0100. (8) If the road condition assessment identifies necessary road repairs, other than the road conditions in section (7)(a) and (b) of this rule, there shall be no time limit in which the small forestland owner must complete those repairs, though the obligation to improve roads when used for harvest remains. 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 1-2024, amend filed 01/03/2024, effective 01/03/2024 DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-630-0000 Purpose (1) OAR 629-630-0000 through 629-630-0925 shall be known as the harvesting rules. (2) Harvesting of forest tree species is an integral part of forest management by which wood for human use is obtained and by which forests are established and tended. (3) Harvesting operations result in a temporary disturbance to the forest environment. (4) The purpose of the harvesting rules is to establish standards for forest practices that will maintain the productivity of forestland, minimize soil and debris entering waters of the state, and protect wildlife and fish habitat. (5) The harvesting rules are intended to reduce the potential for sediment delivery to waters of the state from ground disturbance and drainage alterations that may be caused by harvesting. (6) The purpose of the timber harvesting on steep slopes rules, as identified in OAR 629-630-0900 through 629-630-0925, is to retain trees in designated areas to provide the beneficial elements of landslides while mitigating the potential negative effects of forest management activities on unstable slopes. (7) The harvesting rules shall apply to all forest practices regions unless otherwise indicated. (8) OAR 629-630-0900 through 629-630-0925, do not replace or modify OAR 629-623-0000 through 629-623-0800 Shallow, Rapidly Moving Landslides and Public Safety rules. 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