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 477.220 - Lands not provided protection; lands not included within ORS 477.205 to 477.281.

(1) The forester is not required to provide protection for forestland that is either a small parcel or a tract isolated from a forest protection district and which land is found by the forester as not practicable to be included in a forest patrol system.
(2) ORS 477.205 to 477.281 do not apply to federal grazing land or federal timberland within this state for which adequate protection is provided unless the lands have been included within the boundaries of a forest protection district pursuant to a cooperative agreement with the federal government approved by the State Board of Forestry.
(3) Upon written request of the owner of lands that have been incorporated within a rural fire protection district, the forester shall determine whether the lands, or any part thereof, are forestland. Thereafter, those lands that have been so determined shall be included within ORS 477.205 to 477.281 unless excluded pursuant to subsection (1) of this section. [Formerly 477.053; 2005 c.22 §358]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.225 - Establishment and change of forest protection districts; rules.

The State Forester, by rule, shall designate areas of forestland within this state as forest protection districts within which the forester is required to provide protection pursuant to this chapter. In establishing new boundaries or changes in boundaries of the districts, the State Forester may, for the purposes of administrative convenience, designate mountain ranges, rivers, streams, roads or other recognizable landmarks as boundaries. Boundaries may be established or changed only after a public hearing. [Formerly 477.026; 1997 c.274 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.230 - Basis for computing cost of protection provided by forester; costs to be in accordance with budget.

(1) The annual cost of protection provided by the forester for forestland within a forest protection district shall be as follows:
(a) Grazing land within the district shall be protected by the forester at a pro rata cost per acre for all grazing land within the district boundary. However, forest patrol assessments levied and assessed under ORS 477.270 against such lands that are not owned by public agencies may not exceed one-half of the pro rata cost per acre, exclusive of any assessment per acre under ORS 477.880.
(b) Timberland within the district shall be protected by the forester at a pro rata cost per acre for all timberland within the district boundary. However, forest patrol assessments levied and assessed under ORS 477.270 against such lands that are not owned by public agencies may not exceed one-half of the pro rata cost per acre, exclusive of any assessment per acre under ORS 477.880.
(2) The cost of protection described in this section shall be in accordance with a budget for the district approved by the State Board of Forestry. [Formerly 477.030; 1971 c.60 §1; 1973 c.184 §6; 1977 c.892 §48; 1983 c.16 §1; 1985 c.759 §32a; 1989 c.769 §10; 1997 c.274 §5; 2005 c.22 §359]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.232 - Costs in excess of budget; amounts not expended.

Subject to the forest patrol assessment limitations set forth in ORS 477.230:
(1) Actual costs incurred by the forester in the prevention and suppression of fire on grazing land or timberland located within a forest protection district, in excess of the amount budgeted as required by ORS 477.230, but not including those costs eligible for equalization by the Oregon Forest Land Protection Fund, shall be, without regard to proceedings for the collection of the costs:
(a) Included in the budget for the next fiscal year; and
(b) Levied and assessed against the grazing land or timberland in the district.
(2) Budgeted amounts not expended may be carried forward as a credit to the assessment rate for the ensuing year. [2005 c.802 §6]
Note:
477.232 was added to and made a part of 477.205 to 477.281 by legislative action but was not added to any other series. 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 477.235 - Forester to prepare tentative budget estimates for districts.

The forester shall prepare tentative budget estimates for each forest protection district for the ensuing fiscal year beginning July 1, in a manner consistent with accounting and budgetary procedures prescribed by the State Board of Forestry. [Formerly 477.041; 1967 c.429 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.240 - Advisory and guidance committees.

In any forest protection district wherein the forester has entered into a cooperative agreement or contract with a forest protective association or agency described in ORS 477.406 (1), and the association or agency has appointed an advisory and guidance committee for the purposes of analysis and review of the protection plans and budgets for the district, the forester shall prepare the protection plans and budgets in conjunction with the committee. [1965 c.253 §63]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.244

[Amended by 1953 c.68 §19; 1961 c.123 §2; 1961 c.603 §13; 1965 c.253 §119; 1965 c.428 §§15,16; renumbered 477.575]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.245 - Owners entitled to be heard on budget matters; public budget meetings to be held in district.

(1) All owners of lands assessed under ORS 477.205 to 477.281 shall have an opportunity to be heard on matters pertaining to the budgeting of moneys required to defray the cost of protection in each forest protection district. The forester, under the direction of the State Board of Forestry, shall provide for the holding of a public budget meeting in each district on or before May 1 of each year. The meeting shall be held at any convenient place designated by the forester.
(2) In forest protection districts wherein the board has entered into cooperative agreements or contracts with forest protective agencies, the board may make provision for the holding of the public budget meeting required in subsection (1) of this section on the same date and at the same place as a regular meeting of the agency. [Formerly 477.043]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.250 - Notice of budget meeting; notice of proposed assessment.

(1) Not more than four weeks preceding each budget meeting, the forester shall cause notice of such meeting to be published once a week for two consecutive weeks in one or more newspapers published in or having general circulation in each of the counties in the forest protection district and in such other media of communication as the forester finds advisable. However, the final publication shall be made at least one week prior to the date of the meeting. The notice shall state the time and place where the tentative budget for the district may be inspected and shall state the time and place of the meeting.
(2) Whenever the forester determines that any privately owned land should be subject to assessment for forest protection and such land was not subject to the assessment during the preceding year, the forester shall give written notice by mail of the determination to each owner of such land not later than March 1 of the year the assessment is to be made. The notice shall inform the owner of the acreage and tax lot number of the lands to be assessed and the name and address of the nearest representative of the forester the owner may contact if review of the proposed assessment is desired. The notice shall also inform the owner of the procedure for hearing and appeals prescribed in ORS 477.205 to 477.281. [Formerly 477.045; 1979 c.276 §1; 1999 c.355 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.255 - Holding of budget meeting; revision and submission of budget for final approval.

(1) The public budget meeting shall be held at the time and place as stated in the published notice, or at such other time and place to which the meeting may be adjourned.
(2) A member of the State Board of Forestry, or the forester, shall act as chairperson of the meeting. The forester shall cause the minutes of the meeting to be preserved as a public record.
(3) During the meeting the chairperson shall receive from any interested persons suggestions, advice, objections or remonstrances as to the proposed budget for that forest protection district. The forester, under the direction of the board, may make changes in the budget proper and consistent with law, and thereafter submit the budget for final approval under ORS 477.265. [Formerly 477.047]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.260 - Appeal to board.

(1) Any owner of grazing land or timberland within the boundary of the forest protection district who is adversely affected by the proposed budget may file an appeal within 30 days after the date of the public budget meeting.
(2) Any owner of grazing land or timberland subject to ORS 477.205 to 477.281 shall, upon request, be granted a hearing by the State Board of Forestry on any subject pertaining to the activities of the forester or board affecting the land.
(3) Appeals and hearings shall be conducted by the board in accordance with rules adopted pursuant to ORS 526.016 (4). [Formerly 477.049; 1997 c.274 §6; 1999 c.355 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.265 - Board to deal with budgets annually.

The State Board of Forestry shall annually review the forest protection district budgets, make any changes in the budgets that are proper and consistent with law, and pass final approval on all district budgets and the prorated acreage rates therein. [Formerly 477.051; 1999 c.355 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.270 - Budgeted cost of forester to be lien; collection; deposit of amounts collected.

(1) Subject to the forest patrol assessment limitations set forth in ORS 477.230:
(a) The budgeted cost of the forester, as provided for in ORS 477.205 to 477.281, in providing protection for privately owned forestland shall be a lien upon such property, shall be reported by the forester to the governing body of the county in which the lands are situated on or after July 1 of each fiscal year, and shall be levied and collected by the governing body with the next taxes on the land in the same manner and with the same interest, penalty and cost charges as apply to ad valorem property taxes in this state. The governing body shall instruct the proper officer to extend the amounts on the assessment roll in a separate account, and the procedure provided by law for the collection of taxes and delinquent taxes shall apply. Upon collection thereof, the governing body shall repay the entire amount collected to the forester.
(b) In lieu of the procedures under paragraph (a) of this subsection, the forester, under the direction of the State Board of Forestry, may make direct billing of the budgeted cost to owners of forestland and receive payment of the cost therefrom. In the event that under such billing procedures any owners fail to make payment, the unpaid budgeted cost shall become a lien against the property so billed and shall be levied and collected with the next taxes on such property as described in paragraph (a) of this subsection.
(c) The budgeted cost of the forester in providing protection for forestland owned by the state or by a political subdivision shall be paid to the forester on or before the first day of January of the fiscal year for which such protection is to be provided.
(2) Except as provided in ORS 477.230 (2), all moneys received by the forester pursuant to this section shall be paid into the State Treasury, credited to the State Forestry Department Account and used exclusively for the purposes of ORS 477.205 to 477.281. [Formerly 477.033; 1983 c.16 §2; 1999 c.355 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.277 - Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund.

(1) In addition to any other assessment prescribed by ORS 477.205 to 477.281, in any fiscal year in which the Emergency Fire Cost Committee determines pursuant to ORS 477.760 that the unencumbered balance of the Oregon Forest Land Protection Fund is less than $22.5 million, a surcharge shall be levied and assessed in the amount of $47.50 for each improved lot or parcel, except as provided in ORS 477.760, to defray the increased cost of fire suppression on forestland that is caused by the existence of the improvements.
(2) All surcharge moneys collected pursuant to this section shall be paid into the Oregon Forest Land Protection Fund.
(3) If an owner of forestland files a forest protection plan with the forester which is approved by the State Board of Forestry under ORS 477.210 (2), the owner shall not be required to pay the surcharge levied under subsection (1) of this section.
(4) Contiguous lots included in a combined lot that is described in ORS 477.295 (3)(a) and whose owner has made application to the forester under ORS 477.295 (4) are considered one lot for purposes of subsection (1) of this section.
(5) As used in this section, a lot or parcel is "improved" if it is indicated as improved in the county assessor’s property classification files or if a manufactured dwelling is sited on the lot or parcel. [1989 c.769 §3; 1991 c.639 §2; 1993 c.430 §1; 2003 c.685 §§1,6; 2005 c.802 §7; 2007 c.779 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.281 - Limitation on obligation of landowner for fire protection.

(1) The obligation of an owner of timberland or grazing land for payment of assessments and taxes for fire protection of forestland is limited to:
(a) The payment of moneys pursuant to ORS 321.015 (2), 477.277, 477.295, 477.760 (4) and 477.880 to maintain the Oregon Forest Land Protection Fund; and
(b) The payment of forest protection district assessments pursuant to ORS 477.205 to 477.281.
(2) As used in this section, "obligation of an owner of timberland or grazing land for payment of assessments and taxes for fire protection of forestland" does not include the duties or obligations of the owner under ORS 477.066, 477.068 or 477.120 or the obligations of an owner of land included in a rural fire protection district pursuant to ORS 478.010. [1989 c.769 §9; 1991 c.639 §3; 1997 c.206 §2; 1999 c.59 §157; 2003 c.685 §§2,7; 2005 c.802 §8; 2009 c.69 §1; 2021 c.592 §43]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.300 - Use of funds in State Forestry Department Account for capital outlay expenditures of district.

(1) Moneys available at any time in the State Forestry Department Account for the purposes of this chapter, particularly ORS 477.205 to 477.281, which moneys are not specifically obligated for other purposes, may be used by the forester with the approval of the State Board of Forestry for capital outlay expenditures in any forest protection district. Prior to the making of such capital outlay expenditures, the forester and board may specify that the account shall be reimbursed for all or a part of such expenditures, over a period not to exceed 10 years, from any one or a combination of the following sources:
(a) Forest patrol assessments of the district involved.
(b) Moneys derived from an association under ORS 477.406.
(c) Moneys derived from municipal, county, state or federal agencies under this chapter, for the protection of their forestland from fire.
(2) Any reimbursement of capital outlay expenditures required by the forester and board under subsection (1) of this section shall be a pro rata amount from the source or sources involved, based upon forestland acreage being protected in the district for which the expenditures are made. [Formerly 477.016]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.305 - Forester to enforce prohibition against littering on forestland in districts.

The forester is authorized to enforce the provisions of ORS 164.805 insofar as such affects forestland within forest protection districts established under this chapter. [1965 c.428 §2; 1971 c.743 §387]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.315 - Definitions for ORS 477.315 to 477.325.

As used in ORS 477.315 to 477.325:
(1) "Rangeland" means any land:
(a) That is located in that part of the state lying easterly of the summit of the Cascade Mountains;
(b) That has not been classified as Class 1, Class 2 or Class 3 forestland under ORS 526.305 to 526.370; and
(c) That may contain isolated tracts of forestland not so classified or not within a forest protection district, or that is primarily land used for cultivating crops, rangeland, undeveloped land or undeveloped area containing sagebrush, juniper and similar growths.
(2) "Rangeland protection association" means an entity that has the purpose of protecting rangeland from fire and is:
(a) Organized by owners of rangeland that is located within a rangeland protection system established under ORS 477.320 and lies wholly outside any forest protection district; or
(b) Organized with the approval of a county governing body to be a cost-neutral part of the emergency management program in a county having 200,000 or more acres of rangeland that are outside any forest protection district and are not protected by an association formed under paragraph (a) of this subsection. [Formerly 477.142; 2003 c.14 §315; 2016 c.69 §2; 2021 c.587 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.317 - State Forester assistance to rangeland protection association.

(1) The forester may enter into cooperative agreements or contracts with a rangeland protection association under the provisions of ORS 477.320 for the purpose of providing the assistance specified in subsection (2) of this section.
(2) The forester may assist with organizing a rangeland protection association, training association members and acquiring firefighting equipment for the association. The forester may also assist a rangeland protection association with payment for liability insurance and other administrative expenses of the association. The insurance and administrative expense assistance may not exceed 50 percent of the total of budgeted operating costs and the cash equivalent of in-kind supplies and services of the association in any fiscal year. The costs of assistance specified in this subsection may not be paid from funds assessed from forestland owners under ORS 477.230. [2007 c.808 §2; 2016 c.69 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.320 - Request of rangeland owners for protection; hearings; determination; cooperative agreements for protection.

(1) Owners of rangeland may request the State Board of Forestry to hold a hearing on the subject of providing protection from fire for rangeland. Upon receipt of such request, the board or its authorized representative shall hold one or more public hearings in order to receive from interested persons information relating to the providing of such protection, and shall cause public notice of the time and place of each hearing to be given. The board or its authorized representatives shall keep the records of the proceedings of such hearings as public records.
(2) After the hearing referred to in subsection (1) of this section, the board shall determine whether the rangeland should be included within a protection system. If the board determines that rangeland should be included in a rangeland protection system, the board, in cooperation with interested persons, shall establish the extent and type of protection to be provided and direct the forester or a rangeland protection association to provide the protection. Such protection shall be commensurate with the values and uses of the rangeland to be protected.
(3) After proceedings under subsections (1) and (2) of this section, the forester or a rangeland protection association shall provide the type and extent of protection determined under subsection (2) of this section for rangeland determined to be included within a protection system under subsection (2) of this section. For the purpose of providing such protection, the forester and a rangeland protection association may enter into cooperative agreements or contracts with each other or, jointly or separately, with owners of rangeland, individuals, associations, corporations, road districts, rural fire protection districts or agencies of the federal government. [Formerly 477.144; 1999 c.355 §10; 2007 c.808 §5; 2016 c.69 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.325 - Budget for rangeland protection; collection of costs; disposition of receipts.

(1) Before June 1 each year, the owners of rangeland to be protected under ORS 477.320, and all rangeland protection associations, shall prepare in cooperation with the State Board of Forestry or its authorized representative, and submit to the board, a proposed budget for the fiscal year beginning on the next succeeding July 1. The budget shall include the proposed cost of such protection. At the meeting of the board under ORS 477.265, the board shall review the budget, make any changes therein that are proper and consistent with law, and pass final approval thereon.
(2) The cost of protection of rangeland under ORS 477.320 shall be in accordance with the budget approved under subsection (1) of this section. The cost shall be collected pursuant to the cooperative agreement or contract entered into between the forester and the owners of the rangeland under ORS 477.320. All moneys received by the board pursuant to this subsection shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the purposes of ORS 477.315 to 477.325. [Formerly 477.146; 1999 c.355 §11; 2007 c.808 §3; 2016 c.69 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.355 - Fire wardens generally.

(1) The State Forester shall appoint one or more district fire wardens for each forest protection district.
(2) The State Forester shall appoint such additional fire wardens as are needed to enforce this chapter. [1965 c.253 §86; 1997 c.274 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.360 - Duties of fire warden for forest protection district.

The district fire warden, under the direction of the State Forester, has charge of the fire prevention and suppression system in the forest protection district of the warden and such other duties as are required by law and the rules of the State Board of Forestry. Any other wardens serving in the district are subject to the direction of the district fire warden. [Formerly 477.008; 1999 c.355 §12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.365 - Duties and powers of wardens.

(1) Under instructions from the forester as to their exercise of state authority, all wardens shall:
(a) Take proper steps for the prevention and extinguishment of fires within the localities in which they exercise their functions.
(b) Control the use of fire for clearing land during fire season, as provided by ORS 477.505 to 477.520.
(c) Make such reports of their work and conditions within their localities as may be requested by the forester.
(d) Have the power of peace officers to make arrests or issue citations pursuant to ORS 477.985 for violation of this chapter or rules or orders adopted pursuant thereto.
(e) Enter upon the lands of any owner only in the discharge of their fire prevention and suppression duties, provided that in so entering they exercise due care to avoid doing damage.
(f) Investigate the causes of fires and may secure a fire origin area, at any time, for the purpose of preserving evidence and conducting an investigation pertinent to this chapter and control, restrict or prohibit access by any unauthorized person so long as is reasonably necessary in the judgment of the warden.
(g) Make a written determination, on a form prescribed by the State Forester, of the personnel and equipment reasonably available to an owner or operator who is required to make every reasonable effort pursuant to ORS 477.120 (5) and revise such determination as frequently as is necessary in the judgment of the warden.
(h) Make a written determination, on a form prescribed by the State Forester, of the use of any power-driven machinery in any operation pursuant to ORS 477.670 and revise such determination as frequently as is necessary in the judgment of the warden.
(2) The forester, or any warden coming under the jurisdiction of the forester, may administer oaths in investigations of violations of this chapter and the preparation of reports thereon. [Formerly 477.012; 1971 c.743 §388; 1993 c.697 §4; 1997 c.274 §9; 2003 c.14 §316]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.406 - Cooperative contracts or agreements for forest protection or forest related activities; negotiation.

(1) The forester and a forest protective association may enter into a contract or agreement with each other or, jointly or separately, with a federal or state agency, political subdivision, corporation, responsible organization or responsible landowner or group of landowners for the prevention and suppression of fire on forestland or on land other than forestland, or both, to prevent and suppress fire.
(2) Contracts and agreements under subsection (1) of this section, and all renewals and revisions thereof, must be negotiated in accordance with procedures specified by rules of the State Board of Forestry.
(3) The forester and a forest protective association may enter into a contract or agreement for the accomplishment of forestry related activities.
(4) Contracts and agreements between the forester and a forest protective association under subsections (1) and (2) of this section may include the purchase from the forester of supplies and equipment needed to provide and support fire protection services. [1967 c.429 §24 (enacted in lieu of 477.405); 1969 c.204 §2; 1993 c.415 §1; 1999 c.355 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.408 - Provisions of contract or agreement.

Contracts or agreements under ORS 477.406 may provide, among other things, for any or all of the parties to do any one or more of the following:
(1) Exchange services on a cooperative basis.
(2) Provide services, supplies and equipment in return for cash payment or other compensation.
(3) Loan or lease equipment.
(4) Subcontract obligations. [1967 c.429 §26; 1993 c.415 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.409 - Contracts for off-season services for fire prevention and suppression personnel.

(1) The Department of Transportation and the Douglas Forest Protective Association, the Coos Forest Protective Association, the Walker Range Forest Protective Association or any successor association may enter into contracts that provide for seasonal fire prevention and suppression personnel employed by an association to render off-season services to the Department of Transportation. Services provided under a contract described in this section must be off-season services that State Forestry Department personnel were authorized to perform under one or more contracts or agreements between the Department of Transportation and the State Forestry Department entered into on or before January 1, 2012.
(2) A contract under this section shall specify the functions or activities to be performed and by what means the functions or activities are to be performed. The contract shall provide for:
(a) Identifying the responsibilities of the parties in ensuring payment of wages to the personnel for the off-season services.
(b) The term or duration of the contract.
(c) The rights of the parties to terminate the contract.
(3) A contract under this section may exclude any clause or condition required by ORS 279B.220, 279B.225, 279B.230, 279B.235, 279B.270 or 279C.500 to 279C.530 from the contract.
(4) If the Department of Transportation enters into a contract under this section, the department shall submit a summary of the contract to the Oregon Department of Administrative Services within the 30-day period immediately following the effective date of the contract. The summary must include the following information:
(a) Names of the parties to the contract.
(b) Date of the contract.
(c) Subject matter of the contract.
(d) The location at which a person may obtain a copy of the contract.
(5) The Department of Transportation shall submit a summary under subsection (4) of this section to the Oregon Department of Administrative Services through electronic means. [2012 c.19 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.410 - Liability of parties; responsibility for equipment; unemployment insurance and workers’ compensation; sovereign immunity.

(1) Unless otherwise provided in a contract or agreement, and except as provided in subsection (2) of this section:
(a) A party to a contract or agreement under ORS 477.406, who is performing services for the benefit of another party, is not liable for injury or damages to persons or property inflicted by the actions of such other party.
(b) If equipment is loaned or leased pursuant to a contract or agreement under ORS 477.406, the party to have primary use of the equipment under the contract or agreement is responsible for any and all damages or loss to such equipment or for insuring the equipment against loss or damage in a manner acceptable to the party owning the equipment.
(c) If the services of personnel are involved pursuant to a contract or agreement under ORS 477.406, the party to have primary control over such personnel under the contract or agreement shall provide such unemployment insurance and workers’ compensation coverage as may be required by law.
(2) Nothing in ORS 477.406 to 477.412 or in any contract or agreement under ORS 477.406 constitutes a waiver by the State of Oregon of its immunity from suit under section 24, Article IV of the Oregon Constitution, in addition to any waiver otherwise provided by law. [1967 c.429 §27]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.412 - Disposition and use of moneys received by forester under contract or agreement.

All money received by the forester pursuant to a contract or agreement described in ORS 477.406 shall be paid into the State Treasury, credited to the State Forestry Department Account and used pursuant to law for the purposes of the contract or agreement. [1967 c.429 §28]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.415 - Definitions for ORS 477.440 to 477.460.

The definitions in ORS 321.005 apply to ORS 477.440 to 477.460. [1965 c.253 §78; 1967 c.429 §35; 1981 c.321 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.440 - Emergency Fire Cost Committee; members; terms; vacancies.

(1) The State Board of Forestry shall appoint an Emergency Fire Cost Committee consisting of four members, who shall be forest landowners or representatives of forest landowners whose forestland is being assessed for forest fire protection within a forest protection district. At least one member shall be selected from each forest region of the state. Members shall serve at the pleasure of the board.
(2) Members of the Emergency Fire Cost Committee shall be appointed by the board for four-year terms. Appointments under this subsection shall be made by the board within 60 days after July 21, 1987. If there is a vacancy for any cause, the board shall make an appointment to become immediately effective for the unexpired term. [Formerly 527.280; 1983 c.759 §12; 1987 c.919 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.445 - Distribution of fire emergency funds by committee.

The Emergency Fire Cost Committee shall supervise and control the distribution of funds from the Oregon Forest Land Protection Fund established under ORS 477.750. [Formerly 527.282; 1967 c.429 §6; 1981 c.321 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.450 - Election of committee chairperson.

After July 1, 1961, the Emergency Fire Cost Committee shall meet and elect one of its members chairperson. The chairperson shall hold office for a period determined by the committee. Whenever the office of chairperson of the committee becomes vacant, the committee at its next regular or special meeting shall elect one of its members to fill the vacancy. [Formerly 527.288]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.455 - Meetings of committee; committee administrator.

(1) Regular meetings of the Emergency Fire Cost Committee shall be held quarterly prior to the day set for meetings of the State Board of Forestry, as otherwise provided by law. Special meetings of the committee may be called by its chairperson or by three members. The act or decision of any three members shall be deemed the act or decision of the committee.
(2) A staff member of the State Forestry Department shall be designated by the State Forester to serve as administrator for the committee. [Formerly 527.296; 1987 c.919 §21; 1991 c.639 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.460 - Duties of administrator; compensation and expenses.

(1) The administrator shall act as secretary of the Emergency Fire Cost Committee and shall carry out the provisions of ORS 477.440 to 477.460 in such manner as the committee shall direct. The salary and other expenses of the administrator shall be paid from the Oregon Forest Land Protection Fund as are other expenses of the committee.
(2) Members of the committee are entitled to compensation and expenses as provided in ORS 292.495. [Formerly 527.292; 1969 c.314 §51; 1981 c.321 §6; 1987 c.919 §22]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.502 - Landscape Resiliency Fund.

The Landscape Resiliency Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Landscape Resiliency Fund shall be credited to the fund. The fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private source. Moneys in the fund are continuously appropriated to the State Forestry Department for landscape resilience projects and implementing ORS 477.503. [2023 c.611 §4]
Note:
477.502 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 477.504 - No effect on management of private lands.

ORS 477.503 does not expand, diminish or otherwise affect a right, privilege, duty or function established under federal, state or local laws or rules that pertain to the management of private lands in this state. [2021 c.592 §19]
Note:
See note under 477.490.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.505 - State Forester may declare fire season in district.

(1) When conditions of fire hazard exist in a forest protection district or any part thereof, the State Forester may designate for that district or any part thereof the date of the beginning of a fire season for that year. The fire season shall continue for that district or part thereof until ended by order of the State Forester when conditions of fire hazard no longer exist in that district or part thereof.
(2) The State Forester may, during the same year and for the same district under circumstances similar to those described in subsection (1) of this section, designate one or more subsequent fire seasons. [1965 c.253 §93; 1969 c.204 §3; 1997 c.274 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.510 - Acts prohibited during fire season.

It is unlawful, during a fire season inside or within one-eighth of one mile of a forest protection district, to:
(1) Smoke while working in or traveling through any operation area.
(2) Use fuse and caps for blasting unless approval is granted by the forester. [Formerly 477.165; 1997 c.274 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.512 - Additional acts prohibited during fire season.

(1) As used in this section:
(a) "Exploding target" means a device:
(A) Designed for use or used as a target for small arms ammunition or for other projectiles;
(B) Consisting of a flammable substance or flammable combination of substances; and
(C) Capable of exploding when struck by small arms gunfire or by other projectiles.
(b) "Small arms" means a shotgun, rifle, pistol or revolver.
(c) "Tracer ammunition" means a bullet that contains a flammable substance designed to ignite upon firing of the bullet and to burn with sufficient brightness to allow observation of the bullet trajectory.
(2) A person violates this section if, during a fire season declared under ORS 477.505 for a forest protection district or a part of a forest protection district:
(a) The person discharges an exploding target or tracer ammunition on land that is inside the district or is within one-eighth of a mile of the district; or
(b) Tracer ammunition discharged by the person crosses above land that is inside the district or is within one-eighth of a mile of the district.
(3) Violation of this section is a Class A violation. In addition to any enforcement officer specifically identified in ORS 153.005, the State Fire Marshal, the State Forestry Department or the State Forester may issue a citation for a violation under this section. [2013 c.223 §2; 2016 c.123 §2]
Note:
477.512 was added to and made a part of ORS chapter 477 by legislative action but was not added to any smaller series therein. 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 477.515 - Permits required for fires on forestlands; waiver; permit conditions; cooperative agreements for permit administration; rules.

(1) It is unlawful to set or cause to be set an open fire inside or within one-eighth of one mile of a forest protection district, either on one’s own land or on the land of another, without first securing a written permit for burning from the forester and complying with the conditions of the permit. In granting permits for burning:
(a) The forester may waive the requirement that permits be secured prior to burning, except during a fire season or when required under rules adopted pursuant to subsection (4) of this section.
(b) The forester shall prescribe conditions necessary to be observed in setting a fire and preventing it from spreading out of control.
(c) The forester may prescribe conditions necessary to be observed in maintaining air quality.
(2) Any permit obtained through willful misrepresentation is void.
(3) To avoid confusion or duplication of administration and to promote government efficiency, the forester may enter into a cooperative agreement with a county, a city or a rural fire protection district that:
(a) Allows the forester to administer the requirements of this section, in conjunction with the enforcement authority of ORS 477.980 to 477.993, on lands not otherwise subject to the requirements of this chapter; or
(b) Allows the cooperating agency to administer the burning permit requirements of ORS chapter 476 or 478, as appropriate, including applicable enforcement authority, on lands otherwise subject to the requirements of this chapter.
(4) All burning allowed under this section shall comply with applicable rules that may be adopted by the State Board of Forestry and the Department of Environmental Quality.
(5) The provisions of this section do not apply to campfires. [1965 c.253 §95; 1969 c.204 §204; 1969 c.680 §1; 1971 c.297 §1; 1997 c.274 §12; 1999 c.355 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.520 - Refusal, suspension or revocation of permits.

The forester may refuse, suspend or revoke a permit authorized by or issued under ORS 477.515 (1), when necessary in the judgment of the forester to prevent danger to life, health, forest resources or property. The forester may also refuse, suspend or revoke a permit authorized by or issued under ORS 477.515 (1), when necessary in the judgment of the forester, and after consultation with the Environmental Quality Commission to prevent air pollution, as defined in ORS 468A.005. [1965 c.253 §96; 1969 c.680 §2; 1997 c.274 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.532 - Regional air quality authority’s functions limited.

None of the functions of the Environmental Quality Commission under ORS 477.013, 477.515 and 477.520 shall be performed by any regional air quality authority established pursuant to ORS 468A.105. [1969 c.680 §5; 1997 c.274 §49]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.535 - Forester may proclaim forestland subject to restricted uses; coordination of state and federal land restrictions.

(1) If the forester determines that any forestland inside or within one-eighth of one mile of a forest protection district is particularly exposed to fire danger, by proclamation the forester may designate such forestland as an extra fire hazard and may restrict the use of such forestland.
(2) The proclamation shall designate the area to which and the period during which the restrictions apply, and require that the area be subject to use only upon the condition that entrants comply with all the restrictions for the area.
(3) The proclamation shall designate the type of closure as:
(a) Regulated closure;
(b) Permit closure; or
(c) Absolute closure.
(4) For the purpose of consistency and coordination between all affected agencies in the administration of forestland restrictions, a plan shall be developed by the forester, in cooperation with federal, state and local governmental agencies, landowners and organizations affected by the restrictions. The primary objective of the plan is uniformity of regulations regardless of land ownership. The plan must recognize variation in fire danger and must specify levels of closure by unique but easily recognizable geographic boundaries. [Formerly 477.156; 1967 c.429 §45; 1989 c.615 §3; 1997 c.274 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 477 - Fire Protection of Forests and Vegetation › Section 477.540 - Notice of proclamation; suspension or termination; reinstatement.

(1) The forester shall cause a notice of the closure proclaimed under ORS 477.535 to be posted in conspicuous locations that are in or near the designated areas. The forester shall cause a notice of each proclamation to be published in at least one newspaper published in each forest protection district containing the designated areas. Each published notice shall describe the area, type, restrictions and effective date of closure, and the manner in which permits may be secured if the area is subject to a permit closure.
(2) The proclamation shall remain in force until the time designated therein expires or until the forester finds that the restricted use is no longer requisite and by order suspends or terminates it. A reinstatement of a closure after a suspension does not require the notices described in subsection (1) of this section. [Formerly 477.160; 1967 c.429 §46; 1969 c.204 §5; 1997 c.274 §15; 1999 c.355 §15]