reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 645 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURE FOR SIGNIFICANT WETLANDS › Section 629-645-0020 - Site-Specific Vegetation Retention Prescriptions for Significant Wetlands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operators are
			 encouraged to develop site specific vegetation retention prescriptions for
			 significant wetlands in a plan for an alternate practice.
(2) The functions and values of forested
			 wetlands vary with species composition, stocking levels, and geographic
			 location. Operators are encouraged to propose site specific vegetation
			 retention prescriptions in a plan for an alternate practice that allow for
			 changes to the live tree requirements in OAR
			 629-645-0010  and that provide equal or better protection of the functions and values of
			 forested significant wetlands and forested stream-associated wetlands, and
			 address operational concerns.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.674, 527.710 &
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 645 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURE FOR SIGNIFICANT WETLANDS › Section 629-645-0030 - Soil and Hydrologic Function Protection for Significant Wetlands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In significant
			 wetlands and their riparian management areas, operators shall protect soil from
			 disturbances that result in impaired water quality, hydrologic functions, or
			 soil productivity. Operators shall protect hydrologic functions by minimizing
			 disturbances and shall prevent accelerating the natural conversion of the
			 wetland to uplands.
(2) The
			 written plan required under OAR
			 629-605-0170  shall describe how the operation will be conducted to prevent adverse effects
			 on water quality, hydrologic functions or soil productivity. The following
			 practices shall be addressed in written plans when they are proposed in
			 significant wetlands:
(a) Filling within
			 wetlands;
(b) Machine activity
			 within wetlands; and
(c) Road
			 construction within wetlands.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 645 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURE FOR SIGNIFICANT WETLANDS › Section 629-645-0040 - Understory Vegetation Retention for Significant Wetlands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of retaining understory
			 vegetation is to provide soil stability and bank stability in and along
			 significant wetlands, to maintain cover and shade for wildlife habitat and
			 aquatic habitat, and to protect water quality.
(2) To achieve the purpose of understory
			 retention, the operator shall limit disturbance of understory vegetation within
			 significant wetlands and their riparian management areas to the minimum
			 necessary to remove timber harvested from the area and achieve successful
			 reforestation.
(3) The written
			 plan required in OAR
			 629-605-0170  for operations within 300 feet of estuaries and 100 feet of wetlands larger
			 than eight acres (non-estuaries), bogs and important springs in eastern Oregon
			 shall describe how disturbance to the understory vegetation will be minimized
			 during harvest or site preparation for reforestation.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.710 &
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 645 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURE FOR SIGNIFICANT WETLANDS › Section 629-645-0050 - Snag and Downed Wood Retention for Significant Wetlands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For significant
			 wetlands, operators shall retain all snags and downed trees within the wetlands
			 and the applicable riparian management areas.
(2) Notwithstanding subsection (1) of this
			 rule, any snag defined to be a safety hazard under the safety requirements
			 found in OAR 437, division 7, Forest Activities, or determined to be a fire
			 hazard by the State Forester, may be felled. Any snag felled because of a
			 safety or fire hazard shall be left unyarded.
(3) The retention requirements in subsection
			 (1) of this rule may be modified for reasons of forest health for trees that
			 are dying or recently dead because of fire, insect or disease epidemics, or
			 other catastrophic events when addressed in a plan for an alternate practice
			 approved by the State Forester.
(4) Snags and downed wood left pursuant to
			 subsection (1) of this rule may not be counted toward the requirements of ORS
			 527.676.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.674, 527.715 &
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 650 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR LAKES › Section 629-650-0000 - Riparian Management Areas and Protection Measures for Lakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to protect the functions and values of lakes. Lakes on forestlands
			 provide a wide range of functions and values, including those related to water
			 quality, hydrologic functions, aquatic organisms, fish and wildlife.
(2) Operators shall protect riparian
			 management areas extending:
(a) 100 feet from
			 the high water level of large lakes; and
(b) 50 feet from the high water level of
			 other lakes that have fish use or other lakes that are equal to or greater than
			 one-half acre in size.
(c) No
			 riparian management area is required for other lakes that do not have fish and
			 that are less than one-half acre.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 650 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR LAKES › Section 629-650-0005 - Written Plans for Operations Near Large Lakes

Current through Register Vol. 63, No. 7, July 1, 2024
An operator shall submit a written plan to the State Forester
				before conducting an operation that requires notification under OAR
				629-605-0140 and that is within 100 feet of a large lake.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.710 &
				  527.670(2)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 650 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR LAKES › Section 629-650-0010 - Live Tree Retention for Lakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Operators shall retain in the riparian management areas of lakes approximately
			 50 percent of the original live trees, by species, in each of the following
			 diameter classes (DBH):
(a) 6 to 10
			 inches;
(b) 11 to 20
			 inches;
(c) 21 to 30 inches;
			 and
(d) larger than 30
			 inches.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 650 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR LAKES › Section 629-650-0020 - Soil and Hydrologic Function Protection for Lakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operators shall protect soil within the
			 riparian management areas of lakes from disturbances that result in impaired
			 water quality, hydrologic functions, or soil productivity. Operators shall
			 protect hydrologic functions by minimizing disturbances and shall prevent
			 accelerating the natural conversions of lakes to uplands.
(2) Operators shall not drain lakes except
			 for lakes formed by plugged culverts or beaver dams and as allowed in rule for
			 road maintenance.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.710 & ORS
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 650 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR LAKES › Section 629-650-0030 - Understory Vegetation Retention for Lakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of retaining understory
			 vegetation is to provide soil stability and bank stability along lakes, to
			 maintain cover and shade for wildlife habitat and aquatic habitat, and to
			 protect water quality.
(2) To
			 achieve the purpose of understory retention, operators shall limit disturbance
			 of understory vegetation within riparian management areas of lakes to the
			 minimum necessary to remove timber harvested from the areas and to achieve
			 successful reforestation.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.710 & ORS
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 650 - WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR LAKES › Section 629-650-0040 - Snag Retention and Downed Wood Retention for Lakes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For lakes, operators shall retain all
			 snags and downed trees within the lakes and the applicable riparian management
			 areas.
(2) Notwithstanding
			 subsection (1) of this rule, any snag defined to be a safety hazard under the
			 safety requirements found in OAR 437, division 7, Forest Activities, or
			 determined to be a fire hazard by the State Forester, may be felled. Any snag
			 felled because of a safety or fire hazard shall be unyarded.
(3) The retention requirements in subsection
			 (1) of this rule may be modified for reasons of forest health for trees that
			 are dying or recently dead because of fire, insect or disease epidemics, or
			 other catastrophic events when addressed in a plan for an alternate practice
			 approved by the State Forester.
(4)
			 Snags and downed wood left pursuant to this rule may not be counted toward the
			 requirements of ORS 527.676.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.674, 527.715 &
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 655 - WATER PROTECTION RULES: PROTECTION MEASURES FOR "OTHER WETLANDS," SEEPS AND SPRINGS › Section 629-655-0000 - Protection Measures for "Other Wetlands," Seeps and Springs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 identified as stream-associated seeps, springs, or other wetlands under OAR
			 629-643-0135  and OAR 629-643-0145, there is no riparian management area for
			 other wetlands, seeps, and springs. Important springs in Eastern Oregon, as
			 described in division 645 Water Protection Rules: Riparian Management Areas and
			 Protection Measures for Significant Wetlands rules, are not covered within this
			 rule.
(2) When operating in or
			 along other wetlands greater than one-quarter acre, the operator shall:
(a) Protect soil and understory vegetation
			 from disturbance that results in reduced water quality, hydrologic function, or
			 soil productivity. Operators shall protect hydrologic functions by minimizing
			 disturbances to soils during forest operations and shall prevent accelerating
			 the natural conversions of wetlands to uplands;
(b) Leave snags and downed trees in the
			 wetlands, except for any snags determined by the State Forester to be fire
			 hazards, or any snags that must be felled to achieve compliance with the safety
			 requirements found in chapter 437, division 7, Forest Activities.
(A) Any snags felled because of safety or
			 fire hazards shall be left unyarded.
(B) Snags and downed wood left within other
			 wetlands, seeps, or springs may apply toward the requirements of ORS
			 527.676.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 660 - WATER PROTECTION RULES: SPECIFIC RULES FOR OPERATIONS NEAR WATERS OF THE STATE › Section 629-660-0040 - Stream Channel Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Operators shall not channelize, relocate, or divert water from any stream,
			 except as allowed in the forest practice rules for construction of roads,
			 stream improvement projects or temporary stream crossings.
(2) Operators shall not add to or remove soil
			 or rock from any streams, except as allowed in the forest practice rules for
			 construction of roads, stream improvement projects or temporary stream
			 crossings.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.674, 527.710 &
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 660 - WATER PROTECTION RULES: SPECIFIC RULES FOR OPERATIONS NEAR WATERS OF THE STATE › Section 629-660-0050 - Beaver Dams or Other Natural Obstructions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as needed for road maintenance,
			 operators must submit a written plan to the State Forester prior to the removal
			 of beaver dams and other natural obstructions from waters of the state during
			 forest operations. Removal of any beaver dam that is within 25 feet of a
			 culvert shall be considered to be needed for road maintenance.
(2) A written plan for removal of a beaver
			 dam or obstruction must demonstrate:
(a) A
			 beaver dam or obstruction threatens existing forests or plantations;
(b) Beaver dam removal is part of a beaver
			 population control program approved by the Oregon Department of Fish and
			 Wildlife; or
(c) Retaining the
			 beaver dam or obstruction would result in greater environmental harm than
			 benefit.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 660 - WATER PROTECTION RULES: SPECIFIC RULES FOR OPERATIONS NEAR WATERS OF THE STATE › Section 629-660-0060 - Headwater Amphibian Species

Current through Register Vol. 63, No. 7, July 1, 2024
Amphibians that are sensitive to temperature and moisture
				fluctuations may live in small Type N streams. Operators are encouraged to
				retain portions of in-unit green live trees and snags as blocks of intact
				vegetation along small Type N streams.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.710 & ORS
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 629-665-0000  to 0210 shall be known as the specified resource site protection
			 rules.
(2) These rules provide a
			 protection goal, describe the duties of the State Forester, landowner, timber
			 owner and operator, and outline protection for:
(a) Sensitive Bird Nesting, Roosting, and
			 Watering Resource Sites (OAR 629-665-0100);
(b) Threatened and Endangered Fish and
			 Wildlife Species that use Resource Sites on Forestlands (OAR
			 629-665-0200);
(c) Biological Sites
			 that are Ecologically and Scientifically Significant (ORS
			 527.710(3)(a)(C));
			 and
(d) Significant Wetlands on
			 Forestlands (OAR 629, division 645).
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0010 - Protection Goal for a Resource Site

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The goal of resource site protection is
			 to ensure that forest practices do not lead to resource site destruction,
			 abandonment or reduced productivity.
(2) A resource site shall receive protection
			 when the State Forester determines:
(a) It is
			 an active resource site; and
(b)
			 Proposed forest practices conflict with the resource site.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0020 - Application of Protection and Exception Rules; State Forester Duties; Landowner, Timber Owner and Operator Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a landowner, timber owner or
			 operator proposes an operation near a resource site that requires special
			 protection, the State Forester shall inspect the resource site with the
			 landowner or landowner's representative, the operator and when available, the
			 appropriate representative of the Department of Fish and Wildlife. The State
			 Forester shall:
(a) Identify the resource
			 site.
(b) Apply the protection goal
			 in OAR
			 629-665-0010.
(A) If the proposed forest practices do not
			 conflict with the resource site, the operation will not be subject to the
			 protection requirements for the resource site. The operation shall be conducted
			 in compliance with all other existing forest practice rules;
(B) If the proposed forest practices conflict
			 with the resource site, the structural and temporal protection requirements for
			 the resource site shall be required to eliminate the conflict;
(C) When the proposed forest practices
			 conflict with a resource site, the landowner or operator may request a
			 structural or temporal exception through a plan for an alternate practice, if
			 the applicable administrative rule provides for such an exception.
(D) The State Forester shall document and
			 maintain on file the reasons for granting or denying all exceptions.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0100 - Species Using Sensitive Bird Nesting, Roosting, and Watering Sites

Current through Register Vol. 63, No. 7, July 1, 2024
The following species use sensitive bird nesting, roosting and
				watering resource sites:
(1) Osprey
			 use sensitive bird nesting sites.
(2) Great blue herons use sensitive bird
			 nesting sites.
(3) Bald eagles use
			 sensitive bird nesting sites.
Statutory/Other Authority: ORS
				  527.710
Statutes/Other Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0110 - Osprey Resource Sites; Key Components; Protection Requirements; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 osprey, the resource site is the active nest tree and any identified key
			 components.
(a) An active nest tree is one
			 that has been used by osprey within the past five (5) nesting seasons. No
			 protection is required for abandoned resource sites.
(b) The key components associated with an
			 osprey resource site are perching and fledging trees and replacement trees.
			 Factors to consider when identifying key components:
(A) Actual observation data if
			 available;
(B) Perching trees
			 should provide for maximum visibility of the surrounding terrain and structure
			 that allows the osprey easy access, such as large, tall snags or trees that
			 have broken or dead tops, forks, or lateral branches high in the
			 crown;
(C) Replacement trees should
			 provide maximum visibility of the surrounding terrain, and be large enough to
			 support an osprey nest;
(D)
			 Perching and fledging trees and replacement trees should be located within 600
			 feet of the active nest tree;
(E)
			 Areas of high winds may require that additional trees be retained to protect
			 the resource site from damage.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0120 - Great Blue Heron Resource Sites; Key Components; Protection Requirements; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 great blue heron, the resource site is the active nest tree(s) and any
			 identified key components.
(a) An active nest
			 tree is one that has been used by one or more pair of great blue heron within
			 the past three nesting seasons. No protection is required for an abandoned
			 resource site.
(b) The key
			 components associated with a great blue heron resource site are the nest
			 tree(s), a vegetative buffer around the nest tree(s) including perching and
			 fledging trees, and replacement tree(s). Factors to consider when identifying
			 key components:
(A) Actual observation data
			 when available;
(B) Perching,
			 fledging, and replacement tree(s) should be tall with plenty of space for these
			 large birds to fly into and out. Older trees with open branching should be
			 retained;
(C) Areas of high winds
			 may require that additional trees be retained to protect the active nest tree
			 and identified key components from damage.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0130 - Bald Eagle Nesting Sites; Key Components; Protection Requirements; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For bald
			 eagle nesting sites, the resource site is the active nest tree and, if present,
			 all identified key components:
(a) An active
			 nest tree is one that has been used by eagles within the past five (5) nesting
			 seasons. No protection is required for abandoned resource sites.
(b) An active nest tree may fall down or may
			 become structurally incapable of supporting a bald eagle nest site. When this
			 happens the nest resource site shall be considered active and shall be
			 protected only if the site contains suitable replacement nesting
			 trees.
(c) The key components
			 associated with a bald eagle nesting site are perching and fledging trees,
			 replacement nest trees, and a forested buffer around the nest tree. Factors to
			 consider when identifying key components:
(A)
			 Actual observation data when available.
(B) Perching and fledging trees should be
			 tall enough to provide maximum visibility of the surrounding area. Perching and
			 fledging trees are often snags or decadent live trees with exposed, strong,
			 lateral branches high in the crown.
(C) Replacement nest trees should provide
			 maximum visibility of the surrounding terrain, and be large enough to support a
			 bald eagle nest. Bald eagles prefer to nest in large, tall trees that are
			 alive, with large limbs, broken tops, or irregular growth patterns with open
			 structure.
(D) Areas of high winds
			 may require that additional trees be retained to protect the active nest
			 tree(s) and identified key components from damage.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0200 - Resource Sites Used By Threatened and Endangered Species

Current through Register Vol. 63, No. 7, July 1, 2024
The following resource sites used by threatened or endagered
				species are sensitive to forest practices:
(1) Northern spotted owl nesting
			 sites.
(2) Bald eagle nesting
			 sites.
(3) Bald eagle roosting
			 sites.
(4) Bald eagle foraging
			 perches.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0210 - Interim Requirements for Northern Spotted Owl Nesting Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever the
			 State Forester determines that an operation will conflict with protection of a
			 nesting site of the northern spotted owl (Strix occidentalis caurina), the
			 operator must submit to the State Forester a written plan before commencing the
			 operation. The written plan, at a minimum, must address how the operation will
			 be conducted to provide for the following:
(a) A 70 acre area of suitable spotted owl
			 habitat encompassing the nest site, to be maintained as suitable spotted owl
			 habitat;
(b) Prevention of
			 disturbances resulting from operation activities which cause owls to flush from
			 the nesting site. Such disturbances must be prevented during the critical
			 period of use for nesting. The critical period of use is the time period
			 between March 1 and September 30, each year.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0220 - Bald Eagle Nesting Sites; Key Components; Protection Requirements; Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For bald
			 eagle nesting sites, the resource site is the active nest tree and all
			 identified key components:
(a) An active nest
			 tree is one in which a bald eagle has nested in the past, and that the State
			 Forester determines to be structurally capable of successful future use,
			 whether or not the tree still contains a nest.
(b) An active nest tree may fall down or may
			 become structurally incapable of supporting a bald eagle nest site. When this
			 happens the nest resource site shall be considered active and shall be
			 protected for an additional five (5) years only if the site contains suitable
			 nesting sites. In this case, if a nesting resource site is not used during this
			 five-year period, the site shall be considered abandoned and no protection will
			 be required.
(c) The key components
			 associated with a bald eagle nesting site are perching and fledging trees,
			 replacement nest trees, and a forested buffer around the nest tree. Factors to
			 consider when identifying key components:
(A)
			 Actual observation data when available.
(B) Perching and fledging trees should be
			 tall enough to provide maximum visibility of the surrounding area. Perching and
			 fledging trees are often snags or decadent live trees with exposed, strong,
			 lateral branches high in the crown.
(C) Replacement nest trees should provide
			 maximum visibility of the surrounding terrain, and be large enough to support a
			 bald eagle nest. Bald eagles prefer to nest in large, tall trees that are
			 alive, with large limbs, broken tops, or irregular growth patterns with open
			 structure.
(D) Areas of high winds
			 may require that additional trees be retained to protect the active nest
			 tree(s) and identified key components from damage.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0230 - Bald Eagle Roosting Sites; Key Components; Protection Requirements; and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For bald
			 eagle roosting sites, the resource site is the active roost trees, probable
			 roost trees as identified by the State Forester, and all identified key
			 components:
(a) An active roosting site is
			 one that has been used within the past 5 years for roosting by bald eagles. No
			 protection is required for an abandoned bald eagle roosting site.
(b) The key components associated with a bald
			 eagle roosting site are staging trees, probable roost trees as identified by
			 the State Forester, and a forested buffer around the roost trees. Factors to
			 consider when identifying key components:
(A)
			 Actual observation data when available.
(B) Roost sites frequently occur in mature
			 forests. Roost trees are often significantly larger than the rest of the stand.
(C) Staging trees are often large,
			 dead-top or dominant trees or snags where one or more eagles can perch and have
			 direct access to the roosting site.
(D) The surrounding forested buffer must be
			 adequate to maintain a suitable microclimate around the roost trees.
(E) Areas of high winds may require that
			 additional trees be retained to protect the active roost tree(s) and identified
			 key components from damage.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 665 - SPECIFIED RESOURCE SITE PROTECTION RULES › Section 629-665-0240 - Bald Eagle Foraging Perches; Key Components; Protection Requirements; and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For bald
			 eagle foraging perches, the resource site is the active foraging perch. An
			 active foraging perch is one that is habitually used by eagles as a vantage
			 point while hunting. No protection is required for abandoned bald eagle
			 foraging perches. The presence or absence of foraging perches within or near a
			 foraging area shall be determined by the State Forester when the forester
			 conducts an operation inspection. Factors to consider when identifying key
			 components:
(a) Actual observation data when
			 available.
(b) Bald eagles usually
			 perch in the tallest trees on the edge of forest stands overlooking the hunting
			 area. Snags and dead-top trees are often used.
(c) Areas of high winds may require that
			 additional trees be retained to protect the active foraging perch from
			 damage.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 629-670-0000  through 629-670-0350  shall be known as the
				Oregon Forest Practices Act Enforcement and Civil Penalty Rules. These rules
				direct the State Forester to take fair and uniform enforcement action when
				there is a violation of the Oregon Forest Practices Act. OAR 629-670-0300  and
				629-670-0310  provide an outline of contested case hearings procedures, with
				specific contested case rules in OAR 629, division 1 and OAR 137, division
				3.
Statutory/Other Authority: ORS
				  527.710 & 526.016
Statutes/Other Implemented: ORS
				  527.685
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 629, divisions 670 through 680:
(1) "Board" means the State Board of
			 Forestry.
(2) "Damage" means an
			 adverse disturbance to a resource protected by the Oregon Forest Practices Act
			 that cannot be immediately stabilized and corrected, resulting from a forest
			 practice that is not in compliance with the Oregon Forest Practices Act or the
			 forest practice rules.
(3) "Forest
			 practice rule" means any rule regulating operations under the Oregon Forest
			 Practices Act, as found in OAR chapter 629, divisions 600 through
			 680.
(4) "Operation" means any
			 commercial activity relating to the establishment, management or harvest of
			 forest tree species except as provided by the following:
(a) The establishment, management or harvest
			 of Christmas trees, as defined in ORS
			 571.505, on land used solely for
			 the production of Christmas trees.
(b) The establishment, management or harvest
			 of hardwood timber, including but not limited to hybrid cottonwood that is:
(A) Grown on land that has been prepared by
			 intensive cultivation methods and that is cleared of competing vegetation for
			 at least three years after tree planting;
(B) Of a species marketable as fiber for
			 inclusion in the furnish for manufacturing paper products;
(C) Harvested on a rotation cycle that is 12
			 or fewer years after planting; and
(D) Subject to intensive agricultural
			 practices such as fertilization, cultivation, irrigation, insect control and
			 disease control.
(c) The
			 establishment, management or harvest of trees actively farmed or cultured for
			 the production of agricultural tree crops, including nuts, fruits, seeds and
			 nursery stock.
(d) The
			 establishment, management or harvest of ornamental, street or park trees within
			 an urbanized area, as that term is defined in ORS
			 221.010.
(e) The management or harvest of juniper
			 species conducted in a unit of less than 120 contiguous acres within a single
			 ownership.
(f) The establishment or
			 management of trees intended to mitigate the effects of agricultural practices
			 on the environment or fish and wildlife resources, such as trees that are
			 established or managed for windbreaks, riparian filters or shade strips
			 immediately adjacent to actively farmed lands.
(g) The development of an approved land use
			 change after timber harvest activities have been completed and land use
			 conversion activities have commenced.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0015 - Enforcement Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Effective administration of the Oregon Forest Practices Act and
				forest practice rules is a balance of technical design, education and
				enforcement. The forest practice rules require compliance with a practice
				specified in a rule unless a plan for an alternate practice has been approved
				in writing by the State Forester. However, it is very difficult to write rules
				which deal with every conceivable situation and unlikely that the State
				Forester can monitor every forest operation in Oregon. The board recognizes
				that it is appropriate that the State Forester exercises judgment in not
				enforcing compliance with practices in a rule where the practice is clearly not
				necessary to accomplish the purpose of the rule. At the same time, without
				written approval for an alternate practice, such a recognition by the board
				shall not be a defense for an operator who has not complied with a
				practice.
Stat. Auth.: ORS 527.710, 526.016(4), 527.714 &
				  527.715
Stats. Implemented: ORS 527.680, 527.683, 527.685, 527.990  & 183.310 -
				  183.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0100 - Inspections; Compliance Determination

Current through Register Vol. 63, No. 7, July 1, 2024
Note: This rule applies to all operations for which a
				notification is filed under ORS
				527.670(6) on
				or after January 1, 2024 or a notification filed prior to January 1, 2024 if
				the operation is not completed on or before December 31, 2023. Rules that
				relate to fish streams apply to an operation, other than an operation on small
				forestland, for which a notification is filed on or after July 1, 2023.
(1) The State Forester shall conduct
			 inspections of operations consistent with section 43, chapter 33, Oregon Laws
			 2022.
(2) The State Forester shall
			 conduct investigations of reported Oregon Forest Practices Act violations and
			 make preventative and compliance inspections on forest operations subject to
			 the Oregon Forest Practices Act.
(3) When inspecting operations, the State
			 Forester shall examine practices used by the operator to assess compliance with
			 the applicable forest practice rules and plans for an alternate practice. The
			 State Forester may make recommendations that would help the operator avoid an
			 unsatisfactory condition.
(4) When
			 the State Forester determines that an unsatisfactory condition or a violation
			 exists, enforcement action shall be initiated by the State Forester.
Statutory/Other Authority: ORS
				  527.710,
				  526.016 & Section 2(1),
				  Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS
				  527.680
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0105 - The Concept of Damage

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Understanding the concept of damage is important when an unsatisfactory
			 condition results in damage, or if there is the potential for damage to
			 occur.
(2) Damage, as defined in
			 OAR 629-670-0010(2), can be characterized as an adverse disturbance of air
			 quality, water quality, soil productivity, aquatic habitat, wildlife habitat,
			 or visually sensitive corridors under ORS 527.755.
(3) The concept of damage under the Oregon
			 Forest Practices Act does not apply to damages to improvements such as
			 dwellings, barns, pastures, fences, water intake structures, or agricultural
			 crops.
(4) Damage to natural
			 resources is a difficult concept to quantify because of the changes that
			 naturally occur with or without human involvement.
(5) The State Forester shall determine damage
			 based on the degree of disturbance to the natural condition over time and
			 space, while considering the relative importance of the particular protected
			 resource, recognizing:
(a) There is a level
			 of natural disturbance which is both acceptable and unavoidable, such as a
			 certain amount of erosion from naturally exposed soils;
(b) There is a level of disturbance which
			 should be considered to be reasonable and necessary as a result of accepted
			 management practices, such as disturbance to soils and vegetation during road
			 construction conducted in compliance with the forest practice rules;
			 and
(c) There are many possible
			 levels of disturbance that may result from a failure to comply with the rules.
			 Disturbance may sometimes be very limited in extent and can be immediately
			 stabilized and corrected. Examples include temporary water turbidity from a
			 road ditch or a minor slash deposit in a Type F stream.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0110 - Enforcement Action

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester may initiate enforcement action by issuing
				and serving to the responsible person, persons, or corporation either a:
(1) Written statement of unsatisfactory
			 condition under OAR
			 629-670-0115,
			 OAR
			 629-670-0120,
			 or OAR
			 629-670-0125;
			 or
(2) Citation under OAR
			 629-670-0130  and ORS 527.680.
Stat. Auth.: ORS 527.710 & ORS 526.016
Stats. Implemented: ORS 527.680, ORS 527.683, ORS
				  527.990& ORS 527.992
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0115 - Using the Written Statement of Unsatisfactory Condition to Prevent Damage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Enforcement
			 action may be initiated by the State Forester by issuing and serving a written
			 statement of unsatisfactory condition to the landowner or operator when the
			 State Forester determines that:
(a) A
			 specific operating practice prescribed by a rule or statute, or a condition
			 described in an approved plan for an alternate practice, has not been followed;
			 and
(b) Noncompliance with a rule
			 has resulted in adverse resource disturbance that is very limited in extent and
			 that can be immediately stabilized and corrected; or
(c) Through timely corrective action the
			 operator can eliminate the potential for resource damage or other consequences
			 due to compliance failure. The State Forester may consider expected weather and
			 site conditions, availability of equipment, expertise to accomplish work, and
			 access to the site before requiring corrective action.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0120 - Using the Written Statement of Unsatisfactory Condition for Failure to Begin Timely Reforestation

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester may issue a written statement of
				unsatisfactory condition when the landowner fails to begin reforestation,
				including any necessary site preparation, within 12 months after the completion
				of the operation and as described in OAR 629-610-0040, Time Allowed for
				Reforestation.
Stat. Auth.: ORS 527.710, ORS 526.016(4), ORS 527.714&
				  ORS 527.715
Stats. Implemented: ORS 527.680, ORS 527.683, ORS 527.685,
				  ORS 527.990; ORS 183.310 -- ORS
				  183.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0125 - Using the Written Statement of Unsatisfactory Condition for Noncompliance with Procedural Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Some forest
			 practice rules deal with administrative procedures rather than resource
			 protection. Rules requiring notification, written plans and plans for an
			 alternate practice are examples of procedural rules which, if not complied
			 with, may or may not result in resource damage.
(2) Compliance with these procedural rules is
			 essential if the Oregon Forest Practices Act program is to succeed in educating
			 forest landowners and operators, preventing resource damage before it occurs,
			 and fulfilling its legal obligations to keep other agencies and interested
			 citizens informed about planned operation activities.
(3) The board's intent is that violations of
			 procedural rules should result in the issuance of a citation in most instances.
			 However, the State Forester has the option of using the written statement of
			 unsatisfactory condition, described in OAR 629-670-0110, as the enforcement
			 action when the State Forester determines the following conditions exist:
(a) Resource damage from failure to comply
			 with the procedural rule did not, and will not, occur;
(b) The written statement of unsatisfactory
			 condition will result in immediate compliance with the procedural rule and will
			 be adequate to educate the operator about the rule that was not complied with
			 and to favorably modify the operator's future behavior;
(c) The operator had no prior knowledge or
			 only general knowledge of the Oregon Forest Practices Act and rules and has not
			 had significant past experience with the practice in question, or the operator
			 has had significant past experience with the practice, but the violation was
			 inadvertent or accidental;
(d) The
			 rule violation did not result in a greater economic benefit for the operator
			 than if the operator had complied with the procedural rule; and
(e) Noncompliance with the procedural rule
			 has not denied a person an opportunity to receive a copy of a notification or
			 written plan under ORS 527.670(9) before the operation began, if that person
			 has previously requested copies for the purpose of commenting on the
			 operation.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0130 - Issuing a Citation and an Order to Cease Further Violation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the State
			 Forester determines a violation exists, enforcement action may be initiated by
			 issuing and serving a citation to the responsible persons or corporations in
			 accordance with ORS 527.680.
(2)
			 The State Forester shall also issue an order to cease further violation and
			 determine whether it is practical and economically feasible for the operator to
			 take corrective action to repair the damage or correct the unsatisfactory
			 condition. The State Forester may then issue and serve an order directing the
			 operator to make reasonable efforts to repair the damage or correct the
			 unsatisfactory condition in accordance with ORS 527.680(2)(b).
Stat. Auth.: ORS 527.710 & ORS 526.016
Stats. Implemented: ORS 527.680, ORS 527.683, ORS
				  527.990& ORS 527.992
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0140 - Criminal Prosecution

Current through Register Vol. 63, No. 7, July 1, 2024
Citations for violation of any forest practice rule or statute
				shall be presented to the District Attorney for the county where the violation
				occurred, along with a case brief, for the purpose of filing a complaint or
				information pursuant to ORS 527.990(1) whenever:
(1) In the judgment of the State Forester,
			 the operator acted intentionally, knowingly, or recklessly as defined in ORS
			 161.085 relating to criminal
			 liability; or
(2) The violation
			 appears in the judgment of the State Forester to have resulted in monetary gain
			 to the operator, substantially in excess of any amount recoverable by a civil
			 penalty, and which would not have resulted under compliance with the
			 rule.
Stat. Auth.: ORS 527.710 & ORS 526.016
Stats. Implemented: ORS 527.680, ORS 527.683, ORS
				  527.990& ORS 527.992
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0200 - Assessment of Civil Penalties; Notice of Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 any other remedy, the State Forester may assess a civil penalty for any
			 violation described in ORS
			 527.992(1).
(2) The purpose of this rule is to establish
			 civil penalties that will be uniformly assessed by a civil penalty
			 administrator who is appointed by the State Forester.
(3) After a citation is issued, the citation
			 and any accompanying information shall be reviewed by a civil penalty
			 administrator. The civil penalty administrator shall review the circumstances
			 of the violation and determine the amount of penalty to be assessed.
(4) The State Forester shall give written
			 notice of a civil penalty by certified and first class mail to the person
			 incurring the penalty. The notice shall include but not be limited to:
(a) A reference to the particular sections of
			 the statute, rule, standard, order or permit involved;
(b) A short and plain statement of the
			 matters asserted or charged;
(c) A
			 statement of the amount of the penalty or penalties imposed and how it was
			 calculated;
(d) A statement that
			 the party may request collaborative dispute resolution, within 20 days of
			 service of the notice, in which an independent mediator would review the facts
			 of the case, or facilitate any agreement to mitigate the penalty or penalties
			 imposed;
(e) A statement of the
			 party's right to request a hearing within 20 days of service of the notice and
			 an explanation of how a hearing or mitigation of a penalty may be
			 requested;
(f) A statement that the
			 notice becomes a final order unless the person upon whom the civil penalty is
			 assessed, makes a written request for a hearing within 20 days from the date of
			 service of the notice; and
(g) A
			 statement that the record of the proceedings to date, including the agency file
			 or files on the subject of the civil penalty, automatically becomes part of the
			 contested case record upon default for the purpose of providing a prima facie
			 case.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0210 - Amount of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The amount of
			 civil penalty per violation shall be the lesser of $5000 or the amount
			 determined by the formula $B(C x P) + ($B x D x R) where:
(a) $B is a base fine established by type of
			 violation in section (2) of this rule;
(b) C is cooperation;
(c) P is prior knowledge or prior
			 violations;
(d) D is damage to
			 protected resources; and
(e) R is
			 the extent of damage that cannot be corrected, or prevented in the future, even
			 though repairs are made.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0212 - Reducing the Civil Penalty after Repairs are Complete

Current through Register Vol. 63, No. 7, July 1, 2024
A person may request that a civil penalty be reduced by the
				actual costs of the repairs up to an amount equal to $B x D x R. The request
				must be in writing and received by the State Forester within 20 days of service
				of the notice of civil penalty. Evidence of actual costs must be presented with
				the written request. This evidence will not prejudice any claim by the person
				that a violation has not occurred, or that the person is not responsible for
				the violation. The State Forester shall determine if the actual repair costs
				are reasonable and reduce the civil penalty accordingly.
Stat. Auth.: ORS 527.710 & ORS 526.016
Stats. Implemented: ORS
				  527.685