reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.545 - Restricted uses during closure.

(1) Regulated closures require entrants into designated areas to comply with the requirements set forth in the proclamation under ORS 477.535, which requirements in the judgment of the forester are necessary to prevent danger to life, forest resources or property.
(2) Permit closures make the area subject to entry only through permit issued by the forester. The permit shall contain requirements which in the judgment of the forester are necessary to prevent danger to life, forest resources or property. The forester may, during periods of fire hazard conditions, refuse, suspend, revoke or restrict such permits.
(3) Absolute closures restrict the areas to all forms of use and shall be designated only during periods of extreme fire hazard conditions endangering life, forest resources or property. [Formerly 477.158; 1967 c.429 §47; 1969 c.204 §6; 1997 c.274 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.550 - Violation of restrictions; access for fire fighting permitted.

(1) Except as provided in subsection (2) of this section, it is unlawful to enter any restricted area except in compliance with ORS 477.535 and 477.545, or to violate any of the requirements or restrictions under such sections.
(2) Nothing in this section applies to an owner’s right of entry upon the land of the owner or prohibits free access to any area by anyone for the sole purpose of preventing or extinguishing fires. [Formerly 477.162; 1967 c.429 §48]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.552 - Policy.

It is the policy of the State of Oregon:
(1) To improve the management of prescribed burning as a forest management and protection practice; and
(2) To minimize emissions from prescribed burning consistent with the air quality objectives of the federal Clean Air Act and the State of Oregon Clean Air Act Implementation Plan developed by the Department of Environmental Quality under ORS 468A.035. [1989 c.920 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.554 - Program establishment; content.

(1) With the advice and assistance of the advisory committee established under ORS 477.556, and subject to the review of the State Board of Forestry, the State Forester shall adopt and implement programs for meeting the objectives set forth in ORS 477.013 and 477.552 to 477.562. The programs shall include:
(a) Collection, analysis and distribution of information regarding prescribed burning and other alternative fuel management techniques;
(b) Assistance to landowners wanting to evaluate alternative burning and nonburning fuel management strategies and the collection of data regarding fuel conditions existing before and after treatment;
(c) Aerial monitoring of prescribed burning activity;
(d) Distribution of information to the Department of Environmental Quality on progress toward meeting federal and state air quality standards;
(e) Establishment of a system to track forest burning on a geographically specific basis; and
(f) Collection, analysis and distribution of information regarding emissions from wildfires for comparison with prescribed burning.
(2) The programs shall be administered by the State Forestry Department. [1989 c.920 §3; 1997 c.274 §50; 2007 c.213 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.556 - Advisory committee; membership; terms; staff.

(1) An advisory committee shall be created by the State Forester to advise and assist the State Forester in carrying out the programs required by ORS 477.013, 477.515 and 477.552 to 477.562. The advisory committee shall consist of five members as set forth in subsections (2) and (3) of this section.
(2) The following three members shall be appointed by the State Forester:
(a) One member representing a nonindustrial forest landowner;
(b) One member representing an industrial forest landowner; and
(c) One member representing the public.
(3) In addition to the members designated in subsection (2) of this section, representatives of the following federal agencies shall be invited to serve as members of the advisory committee:
(a) A representative of the United States Forest Service.
(b) A representative of the United States Bureau of Land Management.
(4) Each member of the advisory committee shall serve for a term of two years.
(5) Members of the advisory committee are entitled to compensation as provided in ORS 292.495.
(6) A vacancy for any cause occurring before the expiration of a term shall be filled for the unexpired term by a person appointed by the State Forester.
(7) A staff member of the State Forestry Department shall be designated by the State Forester to serve as secretary for the committee. [1989 c.920 §4; 1997 c.274 §51]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.558 - Functions for advisory committee.

The advisory committee created under ORS 477.556 shall:
(1) Advise the State Forestry Department in collecting information about prescribed burning operations; and
(2) Advise the State Forestry Department on the collection, analysis and distribution of information required under ORS 477.554. [1989 c.920 §5; 2007 c.213 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.560 - Oregon Forest Smoke Management Account; moneys paid to account; use.

(1) The Oregon Forest Smoke Management Account is established separate and distinct from the General Fund in the State Treasury.
(2) The following moneys shall be credited to the Oregon Forest Smoke Management Account:
(a) Nonrefundable registration fees received by the State Forestry Department for Class 1 forestland under ORS 526.324 to be burned west of the summit of the Cascade Mountains, not including Hood River County.
(b) Fees received by the State Forester for Class 1 forestland under ORS 526.324 treated by a prescription burn method under ORS 477.515 (1) west of the summit of the Cascade Mountains, not including Hood River County.
(c) Fees for federal forestland included within the regulated area under ORS 477.013 to be treated by any prescription burn method subject to the provisions of the State of Oregon Clean Air Act Implementation Plan and the federal Clean Air Act received by the State Forester.
(3) The moneys in the Oregon Forest Smoke Management Account are appropriated continuously for and shall be used by the State Forester exclusively for the administration of the smoke management program approved under ORS 477.013 and 477.554. [1989 c.920 §7; 1997 c.274 §52; 2007 c.213 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.562 - Registration fee; rules.

(1) The State Forestry Department shall collect a nonrefundable registration fee for Class 1 forestland under ORS 526.324 to be burned west of the summit of the Cascade Mountains, not including Hood River County.
(2) Any owner of Class 1 forestland under ORS 526.324 and any agency managing Class 1 forestland under ORS 526.324 lying within the regulated area as described in the plan required under ORS 477.013 shall register with the State Forester, in accordance with rules adopted by the State Forester, the number of acres to be burned prior to December 31 of the same year.
(3) The State Forester shall establish by rule the amount of fees to be collected under this section. The fees may not exceed:
(a) Fifty cents per acre for registration.
(b) $5 per acre for forestland classified as Class 1 under ORS 526.324 that has been treated by any prescription burn method authorized by the issuance of a permit under ORS 477.515 (1).
(4) Federal lands included within the regulated area under the provision of the smoke management plan approved under ORS 477.013 shall also be subject to the fees authorized under subsection (3) of this section for forestland to be treated by any prescription burn method subject to the provisions of the State of Oregon Clean Air Act Implementation Plan and the federal Clean Air Act.
(5) The State Forester may establish a minimum fee per billing, combining the fees in subsections (1) and (3) of this section. The combined minimum fee may not exceed $30.
(6) In order to efficiently collect fees established by this section, the State Forester is authorized to enter into contracts or agreements with a federal land management agency, a person or a public body as defined in ORS 174.109. Such a contract or agreement may provide for payment methods such as estimated annual payments with periodic adjustment to ensure the recovery of actual fees due, or semiannual or quarterly consolidated billings.
(7) Notwithstanding ORS 291.238, moneys collected under this section shall be deposited in the Oregon Forest Smoke Management Account established under ORS 477.560. [1989 c.920 §8; 1991 c.919 §15a; 1997 c.274 §53; 2007 c.213 §5]
SNAGS; SLASHING
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.565 - Felling dead trees and snags; rules.

(1) In an operation area on forestland inside or within one-eighth of one mile of a forest protection district:
(a) If power-driven machinery is used at any location to load and assemble forest products, the operator shall fell all dead trees and snags of such size and within such distance of the equipment as may be required by rules promulgated by the State Forester.
(b) On forestland west of the summit of the Cascade Mountains, the operator shall fell all dead trees and snags within the operation area of such size, at such times and in such manner as may be required by rules promulgated by the State Forester.
(2) Rules promulgated under this section shall prescribe such felling as reasonably is necessary to prevent the spread of fire. [Formerly 477.217; 1967 c.429 §49; 1997 c.274 §17]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.605 - Enjoining violations of ORS 477.615 and 477.645 to 477.655.

Any person violating any provisions of ORS 477.615 and 477.645 to 477.655 may be enjoined in an appropriate judicial proceeding from the further use of such equipment until the person complies with these sections. [Formerly 477.218; 1997 c.274 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.610 - Standardization of fire-fighting equipment used to protect forestland; rules.

(1) Notwithstanding any other law, the State Forester, in cooperation with other forest protection associations and agencies, shall carry on a continuous program for the standardization of equipment used for the protection of forestland from fire, and may issue rules, with the approval of the State Board of Forestry, for such standardization where it is the finding of the forester and board that such standardization is economically feasible.
(2) The provisions of ORS 476.410 to 476.440 shall not apply to equipment used for the protection of forestland from fire. [1965 c.76 §§2,3; 1999 c.355 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.615 - Additional water supply and equipment; rules.

(1) During a fire season inside or within one-eighth of one mile of a forest protection district, when, in the judgment of the forester, an operation is of sufficient size or so planned and operated as to justify additional protection from fire, the owner or operator, when so directed by the forester in writing, shall provide, within such time as is specified in the writing, additional water supply and equipment for use in fire suppression that is in conformity with rules promulgated by the State Forester.
(2) All such equipment shall be kept in constant readiness for instant use in fighting forest fires. However, nothing in this section prohibits the use of the equipment by the operator for sprinkling roads or other uses within the operation area.
(3) Rules promulgated under this section shall prescribe such water supply and equipment as reasonably are necessary to provide immediate and effective suppression of fires on forestland and may provide for the use of alternate methods and equipment. [Formerly 477.212; 1967 c.429 §17; 1995 c.605 §2; 1997 c.274 §20]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.625 - Permit to use fire or power-driven machinery; exception; conditions; waiver of permit.

(1) Every person conducting an operation inside or within one-eighth of one mile of a forest protection district that uses fire in any form or power-driven machinery shall first obtain from the forester a written permit, which shall require that the holder of the permit:
(a) Take reasonable precautions that in the judgment of the forester are necessary in the use of fire and power-driven machinery to prevent the spread of fire on or from an operation area.
(b) Designate a representative authorized to act on all matters having to do with fire control, which representatives shall be available at all times by direct means of communication with the forester.
(c) If operating west of the summit of the Cascade Mountains, close down any part or all of the operation during any period of time when notified that, in the judgment of the forester, conditions exist as described in ORS 477.670.
(2) Routine road maintenance is excepted from the requirement to obtain a permit to operate power-driven machinery under this section. As used in this subsection "routine road maintenance" means grading, cleaning ditches, culvert cleaning, spot rocking or mechanical brushing along the roadside to maintain visibility.
(3)(a) The forester may waive the requirement to obtain a written permit under this section when in the judgment of the forester the operation will not constitute a fire hazard sufficient to justify the requirement.
(b) Waiver of the requirement to obtain a written permit under this section does not relieve the owner and operator of the responsibility for complying with other applicable duties, requirements or penalties of this chapter. [Formerly 477.286; 1991 c.634 §1; 1997 c.274 §21]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.630 - Information in permit.

(1) Each permit issued under ORS 477.625 shall include:
(a) The legal description of the area upon which any operation is to be conducted, or an alternate description of the area permitted by the forester;
(b) The name and address of the operator and owner; and
(c) Any other information considered by the forester to be necessary for the administration of the rules promulgated under this chapter.
(2) The information required in subsection (1) of this section shall be provided by the operator or owner, prior to issuance of the permit by the forester. [1965 c.253 §108; 1975 c.185 §1; 1997 c.274 §22]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.635 - Authority to issue, refuse, suspend or revoke permit.

The forester may issue the permits required in ORS 477.625 and suspend or revoke such permits because of violation of the terms thereof or noncompliance with this chapter. The forester shall refuse to issue a permit to any person for the conduct of an operation when, in the judgment of the forester, an excessive amount of forest debris in and around the operation area results in an extreme fire hazard that endangers life, forest resources or property. [Formerly 477.288; 1997 c.274 §23]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.640 - Use and refueling of power saws.

During a fire season, every person using, operating or fueling a saw powered by an internal combustion engine inside or within one-eighth of one mile of a forest protection district shall comply with the rules of the State Forester relating thereto, promulgated for the prevention and suppression of fire. [Formerly 477.290; 1997 c.274 §24]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.645 - Internal combustion engines; rules.

(1) During a fire season every person operating an internal combustion engine inside or within one-eighth of one mile of a forest protection district shall equip and maintain the engine in conformity with rules promulgated by the State Forester. These rules shall prescribe such equipment as reasonably is necessary to prevent the escape of fire from such an engine.
(2) Escape of fire from any engine described in this section is prima facie evidence that it has not been equipped and maintained adequately in compliance with rules promulgated under this section. [Formerly 477.182; 1967 c.429 §18; 1997 c.274 §25]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.650 - Stationary internal combustion engines; rules; waiver.

(1) During a fire season every person operating a stationary internal combustion engine inside or within one-eighth of one mile of a forest protection district shall provide at each engine on an operation area a water supply, and equipment for its use in fire suppression, in conformity with rules promulgated by the State Forester. These rules shall prescribe such water supply and equipment as reasonably are necessary to prevent the spread of fire and may provide for the use of alternate methods and equipment.
(2) When a person has equipped one engine as required by subsection (1) of this section, any additional engines operated by the person within 150 feet of the equipped engine shall be exempt from the requirements of subsection (1) of this section.
(3) For the purposes of this section, an internal combustion engine shall be considered stationary if it is operated for a period of more than two days exclusively at one location in an operation area.
(4) The forester in writing may waive any requirement of this section when an operation will not constitute a fire hazard sufficient to justify the requirement. [Formerly 477.184; 1967 c.429 §19; 1997 c.274 §26]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.655 - Fire-fighting tools and equipment at operation area and on trucks; rules.

During a fire season inside or within one-eighth of one mile of a forest protection district:
(1) Every person conducting an operation shall provide and maintain, at the operation area or at a location designated by the forester, fire-fighting tools that are in conformity with rules promulgated by the State Forester. The tools shall be used only for fighting fire and for no other purpose.
(2) Each internal combustion engine used in an operation area shall be equipped with fire-fighting tools and equipment that are in conformity with rules promulgated by the State Forester.
(3) All trucks driven over roads through forestland, excepting county roads and state highways, shall be equipped with fire-fighting tools and equipment that are in conformity with rules promulgated by the State Forester.
(4) For purposes of this section, the rules promulgated by the State Forester:
(a) Shall prescribe such type and number of tools and equipment for extinguishing fires as reasonably are necessary to suppress fires, and the manner of storing such tools when not in use.
(b) May provide for the use of alternate methods, tools and equipment.
(5) The tools and equipment prescribed by these rules shall be kept in constant repair and readiness for instant use. [Formerly 477.186; 1967 c.429 §20; 1997 c.274 §27]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.660 - Additional protection facilities or services at operation area.

During a fire season when in the judgment of the forester any operation inside or within one-eighth of one mile of a forest protection district has a fire hazard requiring additional protection, the operator shall provide such other facilities or services as the forester by written notice may direct. [Formerly 477.187; 1967 c.429 §21; 1997 c.274 §28]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.665 - Fire watch service; rules; waiver.

(1) During a fire season inside or within one-eighth of one mile of a forest protection district, every operator using power-driven machinery in an operation area shall provide fire watch service on the operation area. The fire watch service shall consist of not less than one competent person, who shall be constantly on duty at times prescribed by rules promulgated by the State Forester. These rules shall require fire watch service at such times and at such places as the spread of fire on or from the operation area to forestland reasonably may be expected.
(2) The forester may modify or waive, in writing, any requirement of this section as to any operation whenever the fire hazard is not sufficient to justify the requirement. [Formerly 477.188; 1967 c.429 §22; 1969 c.204 §7; 1997 c.274 §29; 1999 c.59 §158]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.670 - When use of fire or power-driven machinery prohibited.

During a fire season inside or within one-eighth of one mile of a forest protection district situated west of the summit of the Cascade Mountains, if the forestland in such district, or any part thereof, is susceptible in the judgment of the forester to damage by fire, the forester shall issue notice to that effect. Thereafter the use of fire in any form by any person in any operation area or the use of power-driven machinery for any operation, is unlawful unless approved by the forester. Approval shall be granted only when in the judgment of the forester the activity will not constitute a fire hazard sufficient to justify the requirement. [Formerly 477.282; 1993 c.415 §3; 1997 c.274 §30]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.695 - Removal of flammable material from railroad rights of way.

(1) Every person operating a railroad of any kind in this state inside or within one-eighth of one mile of a forest protection district shall annually or more often, if so ordered in writing by the forester, in a manner and to an extent ordered by the forester, destroy or remove all flammable growth and flammable material from the right of way of the railroad. All burning done to comply with this section must be in accordance with ORS 477.505 to 477.520 and 477.625.
(2) The forester shall allow a reasonable period of time for compliance with this order. [1965 c.253 §125; 1971 c.562 §1; 1997 c.274 §31]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.698 - Permits for prescribed fires; rules.

The State Forestry Department shall adopt rules to clarify that a person may:
(1) Conduct a prescribed fire that burns across land ownership boundaries if the person obtains a permit for the fire as described in ORS 477.515 or 477.625 and complies with the conditions of the permit.
(2) Obtain a single permit under ORS 477.515 or 477.625 for a prescribed fire that burns across land ownership boundaries if the person demonstrates to the department that the person has obtained consent to conduct the fire from all persons on whose lands the fire is planned to burn. [2021 c.592 §25]
Note:
477.698 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.710 - Starting of campfire or other open fire restricted; exceptions.

It is unlawful for any person to start a campfire or other open fire without first clearing the area immediately around and above it of material that will carry fire, or leave a campfire or other open fire unattended, or permit a campfire or other open fire to spread. This section does not apply to any activity conducted in compliance with ORS 477.365, 477.515, 477.625, 478.960, 526.041, 526.360 or 527.670. [Formerly 477.304; 1967 c.429 §50; 1993 c.430 §2; 1997 c.274 §32]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.720 - Accidentally setting fire to forestland; failure to prevent spread.

(1) It is unlawful, having accidentally set fire to any forestland, or any place from which fire may be communicated to forestland, to fail to extinguish the fire or use every possible effort so to do.
(2) It is unlawful, having built a fire on or near forestland, through carelessness or neglect to permit the fire to spread to or through the forestland. [1965 c.253 §130]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.740 - Unlawful use of fire.

A person commits the offense of unlawful use of fire if the person:
(1) In the ignition of a fire:
(a) Unlawfully sets on fire, or causes to be set on fire, any grass, grain, stubble or other material being or growing on any lands within the state;
(b) Intentionally or negligently allows fire to escape from the person’s own land, or land of which the person is in possession or control; or
(c) Accidentally sets any fire on the person’s own land or the land of another and allows it to escape from control without extinguishing it, or making a bona fide effort to do so.
(2) Having knowledge of a fire burning on the person’s own land, or land of which the person is in possession or control, fails or neglects to make a bona fide effort to extinguish the same, regardless of whether or not the person is responsible for the starting or existence thereof. [1971 c.743 §307; 1993 c.697 §7; 1997 c.274 §33]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.745 - Liability of parents for costs of suppressing fire caused by minor child.

(1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by the forester in suppressing fires on forestland caused by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such damages.
(2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $5,000 payable to the forester for one or more acts.
(3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.
(4) Nothing in subsections (1) to (3) of this section applies to:
(a) Foster parents.
(b) Parents who have filed a petition for the unemancipated minor child under ORS 419B.809. [1995 c.605 §6; 2001 c.622 §52]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.747 - Policies and plans for restoration of burned forestland.

The State Forestry Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of State Lands and any other state agency with oversight responsibilities for state forestlands shall promote the effective use of state resources by adopting and implementing policies and management plans to begin efforts to restore and recover forestlands burned by fire so that social, economic and environmental values are not lost due to delay. These agencies shall coordinate, to the extent needed, to promote the efficient use of state resources in developing their fire restoration and recovery policies and plans. The Oregon Department of Administrative Services may assist state agencies under this section in developing contract and other procedures to expedite restoration and recovery efforts. The Oregon Department of Administrative Services shall provide appropriate contracting assistance and exceptions as may be necessary to expedite restoration and recovery efforts. [2003 c.456 §1]
Note:
477.747 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.748 - Small forestland grant program.

(1) As used in this section, "small forestland owner" means an individual, group, federally recognized Indian tribe in Oregon or association that owns:
(a) Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade Mountains; or
(b) Up to 640 acres of nonindustrial private forestland east of the crest of the Cascade Mountains.
(2) The State Forestry Department shall establish a small forestland grant program for the purpose of providing grants, on a competitive basis, to support small forestland owners in reducing wildfire risk through the restoration of landscape resiliency and the reduction of hazardous fuels on the owners’ property.
(3) In consultation with partners and stakeholders, the department shall set criteria for assessing grant applications and awarding grants. The criteria may include, but need not be limited to:
(a) Prioritization of projects on forestland in the high wildfire hazard zone described in ORS 477.490.
(b) Owner commitment to maintaining fuel reduction treatments.
(c) Owner possession of a forest management plan.
(d) Project proximity to current or past fuel mitigation efforts, supported by any owner or funding source, that would contribute to cross-boundary, landscape-scale forest resiliency.
(e) Whether the project addresses additional resource concerns, such as insect and disease management.
(f) Whether critical facilities and infrastructure may receive enhanced protection due to project outcomes. [2021 c.592 §24; 2023 c.611 §12]
Note:
477.748 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.750 - Oregon Forest Land Protection Fund; source; use.

(1) The Oregon Forest Land Protection Fund is created, separate and distinct from the General Fund. This fund shall be held by the State Treasurer as a trust fund for the uses and purposes provided in ORS 477.750 to 477.775 and 477.880. The State Treasurer shall deposit and invest moneys in the fund as provided by law, taking into account its uses and purposes. Interest earned by the fund shall be credited to the fund.
(2) Notwithstanding any other law and as limited by ORS 477.750 to 477.775 and 477.880, that part of the suspense account created by ORS 321.145 that is derived from the tax levied by ORS 321.015 (2) after refunds and other costs permitted by law, shall be credited to the Oregon Forest Land Protection Fund. [1969 c.524 §2; 1983 c.16 §3; 1985 c.759 §33; 1989 c.769 §12; 1989 c.966 §57]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.755 - Appropriation of fund; limitation on expenditures.

(1) As used in this section, "annual expenditure" means the expenses of the Oregon Forest Land Protection Fund obligated in any 12-month period designated by the Emergency Fire Cost Committee by rule, corresponding to the policy period of any insurance for emergency fire costs.
(2) Notwithstanding ORS 291.238, the moneys in the Oregon Forest Land Protection Fund are continuously appropriated to the Emergency Fire Cost Committee for the purposes of:
(a) Equalizing emergency fire suppression costs for safeguarding forestland in any forest protection district;
(b) Paying necessary administrative expenses, not to exceed the limit authorized by the Legislative Assembly each biennium;
(c) Contributing to the payment of emergency fire suppression costs insurance premiums, subject to the payment limitation established in ORS 477.775 (4);
(d) Paying costs related to the availability and mobilization of emergency fire suppression resources on a statewide basis; and
(e) Paying for nonroutine purchases of supplemental fire prevention, detection or suppression resources that will enhance the ability of the forester to perform fire protection responsibilities within a forest protection district.
(3) Notwithstanding any other provision of law, the annual expenditure from the Oregon Forest Land Protection Fund from revenues received from ORS 321.015 (2), 477.277 (1), 477.295 (1) and (2), 477.750 (1) and (2), 477.760 (4) and 477.880 may not exceed the lesser of:
(a) $13.5 million; or
(b) The sum of:
(A) The lesser of $10 million or 50 percent of the eligible annual fire suppression costs determined by the committee;
(B) Necessary administrative expenses as determined by the committee and authorized under the limit described in subsection (2)(b) of this section;
(C) Contributions to the payment of emergency fire suppression costs insurance premiums, subject to the payment limitation established in ORS 477.775 (4);
(D) The lesser of $3 million or three-fifths of the actual cost of activities described in ORS 477.777 (1)(b) and (c); and
(E) Any amounts expended for nonroutine purchases described in subsection (2)(e) of this section. [1969 c.524 §3; 1989 c.23 §1; 1991 c.639 §5; 2003 c.685 §§4,9; 2005 c.802 §§11,12; 2013 c.619 §§1,2,3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.770 - Rules relating to use of fund.

The Emergency Fire Cost Committee shall promulgate rules relating to the disposition of moneys from the Oregon Forest Land Protection Fund. Under such rules the committee may require that prior to the payment of moneys from the fund the forest protection district expend an amount for emergency fire suppression not to exceed a per acre amount determined to be 10 percent of the total budgeted amount of all districts as set forth in ORS 477.220 to 477.415 divided by the total protected acres of all districts. However, any such amount per acre shall apply uniformly to each forest protection district. [1969 c.524 §6; 1977 c.182 §3; 1981 c.321 §5; 2007 c.847 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.775 - Emergency fire suppression costs insurance; considerations; payment of premium from fund.

(1) Prior to February 1 of each year, the Emergency Fire Cost Committee and the forester shall consult regarding the purchase of emergency fire suppression costs insurance and the level of coverage to purchase for the fire season of that year.
(2) In determining whether the purchase of insurance is advisable, the forester and the committee shall consider:
(a) The cost, coverage and deductible of insurance available from private insurance carriers;
(b) The funding available for fire suppression from the Oregon Forest Land Protection Fund and other sources;
(c) The current condition of forests;
(d) Long-term weather predictions;
(e) Available fire fighting resources; and
(f) Available funds for the purchase of insurance.
(3) If the committee and the forester agree to purchase insurance, the forester shall purchase insurance through the Oregon Department of Administrative Services to cover any lawful expense incurred by the State Forestry Department, or contractors or cooperators, that is payable by the Oregon Forest Land Protection Fund. The insurance may be obtained through negotiation or competitive bids, whichever is in the best interest of the state, its contractors and cooperators.
(4) The Oregon Forest Land Protection Fund may not be charged for payment of more than one-half of any premium for the insurance. [1969 c.524 §10; 1985 c.158 §2; 1989 c.91 §1; 1989 c.769 §11; 1991 c.639 §7; 2005 c.802 §15]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.777 - Agency request budget; expenditures; report.

(1) As part of the preparation of the agency request budget submitted to the Oregon Department of Administrative Services pursuant to ORS 291.208 for the State Forestry Department, the State Forester shall prepare, in addition to any amounts budgeted for forest protection districts pursuant to ORS 477.205 to 477.281, a request for a General Fund appropriation for the following purposes:
(a) Providing funds for the purchase of emergency fire suppression costs insurance under ORS 477.775.
(b) Acquiring and placing centrally managed fire suppression resources for statewide use.
(c) Acquiring fast-mobilizing, short-term contingency resources to be used based on predictions of severe fire weather, widespread lightning events or serious resource shortage due to a heavy fire season in this state, in the western region of the United States or nationally.
(d) Enhancing forest protection district resources in cases where land productivity or other economic factors seriously limit the ability of the forester to perform fire protection responsibilities.
(e) Mitigating forest patrol assessment rates in cases where land productivity or other economic factors seriously limit the ability of the owners of forestlands in the forest protection district to comply with ORS 477.210 (1).
(2) The State Forester shall utilize critical discretion in the expenditure of the funds provided to the State Forestry Department pursuant to the separate request required under subsection (1) of this section.
(3) The State Forester shall report to the Emergency Board, each year, after the close of the fire season, on:
(a) The nature and severity of the fire season;
(b) The moneys expended on fire suppression;
(c) The balance remaining from the biennial appropriation; and
(d) Any matters arising out of the fire season that may require attention or warrant future consideration by the board or the Legislative Assembly.
(4) When reporting the nature and severity of the fire season under subsection (3) of this section, for each fire consuming 1,000 or more acres, the State Forester shall provide information regarding the resulting losses on private lands of timber, buildings, fencing and livestock and of grazing land capacity if the land is expected to be unavailable for two or more grazing seasons. [2005 c.802 §2; 2013 c.619 §4; 2015 c.517 §1; 2016 c.117 §72]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.880 - Acreage assessment; east side forestlands; certain forestlands west of Cascade Mountains; rate.

(1) An assessment for the cost of fire protection and suppression is levied upon the owners of all forestland that has been classified under ORS 526.305 to 526.370 and that is protected from the start or spread of fire thereon or therefrom by:
(a) The forester under ORS 477.210 (4), with the approval of the State Board of Forestry;
(b) The United States of America through contract or agreement with the forester or board;
(c) Any forest protective agency under contract or agreement with the forester or board pursuant to ORS 477.406; or
(d) Any forest protective agency, described in paragraph (c) of this subsection, under a contract or agreement with the United States of America wherein such agency agrees to protect specific federal forestlands, and in return, the United States of America agrees to protect specific lands of such agency.
(2) Except as otherwise provided in ORS 477.760, for each fiscal year the assessment levied per acre of ownership of forestland designated in subsection (1) of this section shall be:
(a) Seven and one-half cents for all forestlands east of the summit of the Cascade Mountains and all forestlands which have been classified Class 3, agricultural class, under ORS 526.305 to 526.370; or
(b) Five cents for all forestlands not described in paragraph (a) of this subsection. [1969 c.524 §§7,8; 1981 c.321 §3; 1985 c.759 §35; 1989 c.769 §5; 1991 c.639 §8; 2003 c.14 §318; 2007 c.779 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.960 - Collection of assessment.

(1) Insofar as applicable, the assessment levied under ORS 477.880 shall be due and payable to the forester in like manner and procedure, including penalties and interest, as set forth for the collection of the protection costs provided in ORS 477.270. Wherever applicable, the assessment levied under ORS 477.880 shall be combined with the budgeted cost certified to the county under ORS 477.270 as one amount for each account listed so that the officer in charge of the roll can extend the amounts on the assessment roll in a separate column in a single figure.
(2) The minimum assessment set forth in ORS 477.295 shall be applied to the combined amount described in subsection (1) of this section. [1959 c.320 §5; 1961 c.689 §8; 1965 c.312 §4; 1967 c.179 §1; 1967 c.429 §43; 1985 c.759 §36; 1991 c.459 §417]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.970 - Disposition of receipts.

The receipts from the assessment levied by ORS 477.880 shall be paid into the Oregon Forest Land Protection Fund. [1959 c.320 §6; 1961 c.689 §9; 1967 c.429 §44; 1985 c.759 §37]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.980 - Enforcement policy; rules; factors considered.

The State Board of Forestry, by rule, shall establish the enforcement policy for violations prescribed in ORS 477.993. In determining the enforcement policy, the board may consider the following factors:
(1) Prior violation of the same or similar statutes, rules or orders.
(2) The gravity and magnitude of the violation.
(3) Whether the violations were repeated or continuous.
(4) Whether the cause of the violation was an unavoidable accident or a willful, malicious or negligent act.
(5) Whether the violation directly threatened human life or caused property damage of $10,000 or more. [1993 c.697 §2; 1999 c.1051 §101]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.985 - Enforcement procedure.

In addition to any other persons permitted to enforce violations, the State Forestry Department and the State Forester, or any employee specifically designated by the department or by the State Forester, may issue citations for violations established under ORS 477.993 in the manner provided by ORS chapter 153. [1993 c.697 §3; 1999 c.1051 §102; 2011 c.597 §138]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.993 - Penalties.

(1) Violation of any of the provisions of ORS 477.510, 477.515, 477.535 to 477.550, 477.565, 477.615, 477.625, 477.635 to 477.670, 477.695, 477.710, 477.720 or 477.740, or any rule or order adopted pursuant thereto, is a violation punishable as follows:
(a) For the first offense, as a Class D violation.
(b) For the second offense, as a Class C violation.
(c) For the third offense, as a Class A violation.
(2) Multiple violations of any single requirement of this chapter, or of any rule or order adopted pursuant thereto, in an operation area shall be considered a single violation. However, each day a violation continues shall be considered a separate violation.
(3) Notwithstanding subsection (1) of this section, violations of any of the statutes listed in subsection (1) of this section which proximately cause human injury, loss of human life or property damage of $10,000 or more, and unauthorized entry into a fire scene secured under the authority of ORS 477.365 (1)(f), may be punishable as a Class A misdemeanor.
(4) Violations and punishments set forth in this section and ORS 477.740 are in addition to and not in lieu of the provisions of ORS 164.305 to 164.335. [Subsections (1) and (2) of 1963 Replacement Part and subsections (1) to (3) enacted as 1959 c.363 §15 (in lieu of 477.990); subsection (6) of 1963 Replacement Part enacted as 1959 c.408 §6; subsection (7) of 1963 Replacement Part enacted as 1959 c.320 §8; subsection (8) of 1963 Replacement Part enacted as 1961 c.689 §11; subsection (5) enacted as 1961 c.603 §15; 1965 c.253 §136; 1971 c.562 §2; 1971 c.743 §390; 1993 c.697 §8; 1995 c.605 §4; 1997 c.274 §34; 1999 c.1051 §103]