reglab/housing_qa huggingface dataset:
OR Rev Stat § 527.685 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.685 - Civil penalty considerations; rules.

(1) The State Board of Forestry shall by rule establish the amount of civil penalty that may be imposed for a particular violation. Except as provided in subsection (5) of this section, no civil penalty shall exceed $5,000 per violation. (2) In imposing a penalty authorized by this section, the State Forester may consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules, orders and permits pertaining to the Oregon Forest Practices Act. (c) The gravity and magnitude of the violation. (d) Whether the violation was repeated or continuous. (e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act. (f) The size and type of ownership of the operation. (g) Any relevant rule of the board. (h) The violator’s cooperativeness and efforts to correct the violation. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board determines to be proper and consistent with the public benefit. Upon the request of the person incurring the penalty, the board shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. (4) The board, by rule, may delegate to the State Forester upon such conditions as deemed necessary, all or part of the authority of the board provided in subsection (3) of this section to assess, remit or mitigate civil penalties. (5) For a violation of ORS 527.745, or rules for reforestation adopted pursuant to ORS 527.745, the State Forester may impose a civil penalty in an amount equal to the estimated cost of reforesting lands pursuant to ORS 527.690. [1987 c.919 §26; 2007 c.214 §1]
OR Rev Stat § 527.687 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.687 - Civil penalty procedure.

(1) Subject to the notice provisions of ORS 527.683, any civil penalty under ORS 527.992 shall be imposed in the manner provided in ORS 183.745. (2) In no case shall a hearing requested under ORS 183.745 be held less than 45 days from the date of service of the notice of penalty to allow the party to prepare testimony. The hearing shall be held not more than 180 days following issuance of the notice unless all parties agree on an extension. (3) Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. (4) Except as provided in subsection (5) of this section, all civil penalties recovered under ORS 527.610 to 527.770, 527.990 and 527.992 shall be paid to the General Fund. (5) Civil penalties recovered under ORS 527.685 (5) shall be deposited in the State Forestry Department Account under ORS 526.060 and used, consistently with ORS 527.690, by the State Forester to reforest the land that is the subject of a violation of ORS 527.745 or rules for reforestation adopted pursuant to ORS 527.745. Civil penalties described in this subsection that exceed the costs of reforestation shall be paid to the General Fund. [1987 c.919 §27; 1991 c.634 §6; 1991 c.734 §121; 1995 s.s. c.3 §39k; 1996 c.9 §13; 1999 c.849 §§107,108; 2003 c.75 §45; 2007 c.214 §2]
OR Rev Stat § 527.715 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.715 - Rules to establish standards and procedures.

The State Board of Forestry shall establish, by rule, the standards and procedures to implement the provisions of ORS 197.180, 197.270, 197.825, 215.050, 477.440, 477.455, 477.460, 526.009, 526.016, 526.156, 527.620, 527.630, 527.660, 527.670, 527.683 to 527.724, 527.736 to 527.760 and 527.992. [1987 c.919 §28; 1991 c.919 §14; 2013 c.307 §7]
OR Rev Stat § 527.721 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.721 - Coordination with state and local agencies for review and comment on operations.

By rule or by cooperative agreement entered into following an opportunity for public comment before the State Board of Forestry, the board shall provide for coordination with appropriate state and local agencies regarding procedures to be followed for review and comment on individual forest operations. [1987 c.919 §16 (enacted in lieu of 527.720)]
OR Rev Stat § 527.724 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.724 - Forest operations to comply with air and water pollution control rules and standards; effect of violation.

Subject to ORS 527.765 and 527.770, any forest operations on forestlands within this state shall be conducted in full compliance with the rules and standards of the Environmental Quality Commission relating to air and water pollution control. In addition to all other remedies provided by law, any violation of those rules or standards shall be subject to all remedies and sanctions available under statute or rule to the Department of Environmental Quality or the Environmental Quality Commission. [1979 c.400 §3; 1991 c.919 §19]
OR Rev Stat § 527.730 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.730 - Conversion of forestland to other uses.

Nothing in the Oregon Forest Practices Act shall prevent the conversion of forestland to any other use. [1971 c.316 §12; 1991 c.634 §8]
OR Rev Stat § 527.735 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.735

[1987 c.919 §6a; renumbered 526.156 in 1991]
OR Rev Stat § 527.740 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.740 - Harvest type 3 limitations; exceptions.

(1) No harvest type 3 unit within a single ownership shall exceed 120 acres in size, except as provided in ORS 527.750. (2) No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the harvest type 3 areas subject to regulation under the Oregon Forest Practices Act would exceed 120 acres in size, unless the prior harvest type 3 unit has been reforested as required by all applicable regulations and: (a) At least the minimum tree stocking required by rule is established per acre; and either (b) The resultant stand of trees has attained an average height of at least four feet; or (c) At least 48 months have elapsed since the stand was created and it is "free to grow" as defined by the State Board of Forestry. (3) Any acreage attributable to riparian areas or to resource sites listed in ORS 527.710 (3) that is located within a harvest unit shall not be counted in calculating the size of a harvest type 3 unit. (4) The provisions of this section shall not apply when the land is being converted to managed conifers or managed hardwoods from brush or hardwood stands that contain less than 80 square feet of basal area per acre of trees 11 inches DBH or greater or when the harvest type 3 results from disasters such as fire, insect infestation, disease, windstorm or other occurrence that the State Forester determines was beyond the landowner’s control and has substantially impaired productivity or safety on the unit or jeopardizes nearby forestland. The prior approval of the State Forester shall be required for such conversion or harvest type 3 operations that exceed 120 acres in size. (5) The provisions of this section do not apply to any operation where the operator demonstrates to the State Forester that: (a) The trees are subject to a cutting right created by written contract prior to October 1, 1990, which provides that the trees must be paid for regardless of whether the trees are cut, or subject to a cutting right created by reservation in a deed prior to October 1, 1990; and (b) If the provisions of this section were applied, the cutting right would expire before all the trees subject to the cutting right could reasonably be harvested. [1991 c.919 §4; 1995 s.s. c.3 §39b; 1996 c.9 §4]
OR Rev Stat § 527.750 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.750 - Exceeding harvest type 3 size limitation; conditions; rules.

(1) Notwithstanding the requirements of ORS 527.740, a harvest type 3 unit within a single ownership that exceeds 120 acres but does not exceed 240 acres may be approved by the State Forester if all the requirements of this section and any additional requirements established by the State Board of Forestry are met. Proposed harvest type 3 units that are within 300 feet of the perimeter of a prior harvest type 3 unit, and that would result in a total combined harvest type 3 area under a single ownership exceeding 120 acres but not exceeding 240 acres, may be approved by the State Forester if the additional requirements are met for the combined area. No harvest type 3 unit within a single ownership shall exceed 240 contiguous acres. No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the areas subject to regulation under the Oregon Forest Practices Act would exceed 240 acres, unless: (a) The prior harvest type 3 unit has been reforested by all applicable regulations; (b) At least the minimum tree stocking required by rule is established per acre; and (c)(A) The resultant stand of trees has attained an average height of at least four feet; or (B) At least 48 months have elapsed since the stand was created and it is "free to grow" as defined by the board. (2) The requirements of this section are in addition to all other requirements of the Oregon Forest Practices Act and the rules adopted thereunder. The requirements of this section shall be applied in lieu of such other requirements only to the extent the requirements of this section are more stringent. Nothing in this section shall apply to operations conducted under ORS 527.740 (4) or (5). (3) The board shall require that a plan for an alternate practice be submitted prior to approval of a harvest type 3 operation under this section. The board may establish by rule any additional standards applying to operations under this section. (4) The State Forester shall approve the harvest type 3 operation if the proposed operation would provide better overall results in meeting the requirements and objectives of the Oregon Forest Practices Act. (5) The board shall specify by rule the information to be submitted for approval of harvest type 3 operations under this section, including evidence of past satisfactory compliance with the Oregon Forest Practices Act. [1991 c.919 §7; 1995 s.s. c.3 §39d; 1996 c.9 §6; 2003 c.740 §5; 2005 c.22 §378]
OR Rev Stat § 527.760 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.760 - Reforestation exemptions for land use changes.

(1) The State Board of Forestry shall review its rules governing changes in land use and adopt or amend rules as necessary to assure that only bona fide, established and continuously maintained changes from forest uses are provided an exemption from reforestation requirements. The board shall set specific time periods for the completion of land use conversions. Among other factors, the board shall condition exemptions from reforestation requirements upon: (a) Demonstrating the intended change in land use is authorized under local land use and zoning ordinances, including obtaining and maintaining all necessary land use or construction permits and approvals for the intended change in land use; (b) Demonstrating progress toward the change in land use within the time required for planting of trees, and substantial completion and continuous maintenance of the change in land use in a time certain; (c) Allowing an exemption for only the smallest land area necessary to carry out the change in land use, and requiring that additional land area within the harvest unit remains subject to all applicable reforestation requirements; and (d) Allowing an exemption only to the extent that the proposed land use is not compatible with the maintenance of forest cover. (2) The board may require that, prior to commencing an operation where a change in land use is proposed, a bond, cash deposit, irrevocable letter of credit or other security be filed with the State Forester in an amount determined by the State Forester sufficient to cover the cost of site preparation and reforestation for the area subject to an exemption from reforestation due to a change in land use, and shall require that provisions be made for the administration and collection on such bond or security deposit in the event that the change in land use is not established or continuously maintained within a time certain. (3) Nothing in this section is intended to exempt any change in land use from, nor affect the applicability and administration of, any planning, zoning or permitting requirements provided under state or local laws or regulations. [1991 c.919 §8]
OR Rev Stat § 527.770 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.770 - Good faith compliance with best management practices not violation of water quality standards; subsequent enforcement of standards.

A forest operator conducting, or in good faith proposing to conduct, operations in accordance with best management practices currently in effect shall not be considered in violation of any water quality standards. When the State Board of Forestry adopts new best management practices and other rules applying to forest operations, such rules shall apply to all current or proposed forest operations upon their effective dates. However, nothing in this section prevents enforcement of water quality standards against a forest operator conducting operations after the time provided in ORS 527.765 (3)(e) for adoption of revised best management practices if the board either has not adopted revised management practices or has not made a finding that such revised best management practices are not required. [1991 c.919 §21; 2003 c.749 §12]
OR Rev Stat § 527.780 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.780 - Exemption from liability for trees or debris left on property.

(1) A landowner is not liable in tort for any personal injury, death or property damage that arises out of the leaving of trees and other debris on the property of the landowner under the provisions of ORS 527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770, or under any other law or rule requiring trees and debris to be left upon property after logging or other activity on the land. (2) The limitation on liability provided by this section applies to any injury, death or damage arising out of wildfire, erosion, flooding, diversion of waters, damage to public improvements and any other injury, death or damage caused by trees or debris left by the landowner. (3) The limitation on liability provided by this section does not apply if the injury, death or damage was caused by the intentional tort of the landowner or by the gross negligence of the landowner. As used in this subsection, "gross negligence" means negligence that is materially greater than the mere absence of reasonable care under the circumstances, and that is characterized by indifference to or reckless disregard of the rights of others. (4) The limitation on liability provided by this section is in addition to any limitation on liability provided under ORS 105.672 to 105.696. (5) The limitation on liability provided by this section does not apply to any liability established by the provisions of ORS chapter 477. [1999 c.543 §1]
OR Rev Stat § 527.785 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.785 - Exemption from liability for large woody debris left on property.

(1) A landowner is not liable in tort for any personal injury, death or property damage that arises out of the leaving of large woody debris on the property of the landowner under the provisions of ORS 527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770, or under any other law or rule requiring trees and large woody debris to be left upon property after logging or other activity on the land. (2) The limitation on liability provided by this section applies to any injury, death or damage arising out of wildfire, erosion, flooding, diversion of waters, damage to public improvements and any other injury, death or damage caused by the large woody debris left by the landowner. (3) The limitation on liability provided by this section does not apply if the injury, death or damage was caused by the intentional tort of the landowner or by the gross negligence of the landowner. As used in this subsection, "gross negligence" means negligence that is materially greater than the mere absence of reasonable care under the circumstances, and that is characterized by indifference to or reckless disregard of the rights of others. (4) The limitation on liability provided by this section is in addition to any limitation on liability provided under ORS 105.672 to 105.696. (5) The limitation on liability provided by this section does not apply to any liability established by the provisions of ORS chapter 477. [1999 c.863 §2]
OR Rev Stat § 527.786 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.786 - Definitions.

As used in ORS 527.786 to 527.793: (1) "Department reporting system" means a forest activity electronic reporting and notice system operated by the State Forestry Department. (2) "Nearby recipient" means a person registered under ORS 527.787: (a) Whose parcel location information is reconciled under ORS 527.787 (2) with a tax lot that is in whole or in part less than one mile from the edge of a proposed or scheduled pesticide application by helicopter to forestland; or (b) Whose water intake location noted under ORS 527.787 (4) is less than one mile from the edge of a proposed or scheduled pesticide application by helicopter to forestland. (3) "Pesticide": (a) Except as provided in this subsection, has the meaning given that term in ORS 634.006. (b) Does not include fertilizer. As used in this paragraph, "fertilizer" means any substance, or any combination or mixture of substances, that is designed for use primarily as a source of plant food, for inducing increased plant growth or for producing any physical, microbial or chemical change in the soil. (4) "Water use qualifying for a spray buffer" means the use of water: (a) For watering not more than one-half acre of lawn or noncommercial garden; (b) By one or more dwelling units for domestic animal consumption ancillary to residential or related use of a property; (c) By one or more dwelling units for household purposes or human consumption; (d) For livestock watering; or (e) Supplied for community purposes through a municipal water system, a system operated by a federally recognized Indian tribe or a system operated by a private corporation. As used in this paragraph, "community purposes" includes, but is not limited to, uses described in paragraphs (a) to (d) of this subsection, commercial or industrial use, fire protection, watering of public parks and street cleaning. [2020 s.s.1 c.16 §4] Note: Section 12, chapter 16, Oregon Laws 2020 (first special session), provides: Sec. 12. (1) As used in this section, "department reporting system" has the meaning given that term in section 4 of this 2020 special session Act [527.786]. (2) Sections 4 to 11 of this 2020 special session Act [527.786 to 527.793] apply to pesticide applications occurring on or after: (a) July 1, 2021; or (b) If the State Chief Information Officer gives public notice prior to July 1, 2021, that the State Forestry Department reporting system lacks the required capacity for the carrying out of sections 4 to 11 of this 2020 special session Act, the earlier of: (A) July 1, 2022; or (B) The date on which the State Chief Information Officer gives public notice that the department reporting system has the required capacity. [2020 s.s.1 c.16 §12]
OR Rev Stat § 527.787 (2021)
2021 Oregon Revised Statutes|Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources|Chapter 527 - Pest Control; Forest Practices|Section 527.787 - Registering to receive notice of pesticide application.

(1) A person may register with the State Forestry Department to receive notices of proposed or scheduled pesticide applications by helicopter to forestland near the residence of the person. To obtain registration, the person must provide the department with: (a) A description of the parcel where the person resides; (b) Proof satisfactory to the department that the person resides at the parcel; and (c) Contact information for the person that, at a minimum, includes: (A) A mailing address; and (B) An electronic mail address or telephone number. (2) Upon the receipt of information under subsection (1) of this section, the department shall reconcile the parcel location information with tax lot information and note the tax lot in a geospatial layer maintained within a department reporting system. (3) A person appropriating surface water for a water use qualifying for a spray buffer may register with the department to receive notices of proposed or scheduled pesticide applications by helicopter to forestland near the water intake used by the person. To obtain registration, the person must provide the department with: (a) The global positioning system coordinates for the water intake; (b) If the water use qualifying for a spray buffer is subject to water right requirements, a permit, certificate, registration, limited license or order of determination for the water use; (c) If the water use qualifying for a spray buffer is exempt from water right requirements, a description of the spring box or other type of water intake and of the type of water use; (d) Unless established in documentation described in paragraph (b) of this subsection, an attestation that the person believes the person has a lawful entitlement to make the water use qualifying for a spray buffer; (e) An attestation that the person controls the works at the point of diversion for the water use qualifying for a spray buffer; and (f) Contact information for the person that, at a minimum, includes: (A) A mailing address; and (B) An electronic mail address or telephone number. (4) Upon the receipt of information under subsection (3) of this section, the department shall note the location of the water intake in a geospatial layer maintained within a department reporting system. [2020 s.s.1 c.16 §5] Note: See note under 527.786.