reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0214 - Civil Penalty Administrator Discretion

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The civil
			 penalty administrator shall have the discretion to combine violations for the
			 sake of assessing reasonable penalties, under the following circumstances:
(a) Multiple citations have been issued for
			 violations resulting from the same practice;
(b) Multiple citations have been issued for
			 violations resulting in the same damage; or
(c) Upon a finding of the State Forester that
			 a combination of violations is in the public interest and consistent with the
			 policy of the Oregon Forest Practices Act, ORS
			 527.630.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0220 - Amount of Penalties; Special Circumstances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding OAR
			 629-670-0210,
			 when an operator has had three or more separate incidents of forest practice
			 violations within any three year period, the State Forester may assess a civil
			 penalty of any amount up to the limit established in ORS 527.685(1) as may be
			 deemed appropriate to deter the operator from further violation.
(2) For violations involving the harvest or
			 destruction of trees or snags required to be maintained, in order to deter
			 future violations, each tree or snag, or group of trees or snags harvested may
			 be treated as a separate violation when it is appropriate in the judgment of
			 the State Forester, considering the real or potential economic gain of
			 operators involved.
(3) When making
			 the determination in section (2) of this rule, the State Forester may consider
			 any evidence that the improper removal of the trees or snags yielded real or
			 potential economic advantage. Evidence may include:
(a) The market value of the trees or snags at
			 the time they were taken;
(b) The
			 market value of the trees or snags compared with the value of the timber
			 harvested in the operation as a whole; or
(c) The real or potential increase in the
			 value of the land as a consequence of the harvest, including its value for uses
			 other than forestland.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0225 - Significant Violation Civil Penalties that have been Committed by Repeat Violators

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 purpose of this rule is to establish
			 civil penalties for Significant Violations committed by Repeat
			 Violators.
(2) Significant
			 Violation civil penalty calculation when committed by a Repeat Violator:
(a) The amount of civil penalty per
			 Significant Violation shall be the lesser of $50,000 or the amount determined
			 by the formula ($B (C x P) + ($B x D x R)) x N where:
(A) $B is a base penalty of $2000 per (4)(b)
			 of this rule;
(B) C is
			 cooperation;
(C) P is prior
			 knowledge or prior violations;
(D)
			 D is damage to protected resources;
(E) R is the extent of damage that cannot be
			 corrected, or prevented in the future, even though repairs are made;
			 and
(F) N is the average Number of
			 Notifications yearly.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0228 - Repeat Violators and Financial Assurances

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 purpose of this rule is to establish
			 a process for tracking Repeat Violators and requirements for financial
			 assurances.
(2) The State Forester
			 may make a finding that an operator, timber owner or landowner is a Repeat
			 Violator, pursuant to section 46(6), chapter 33, Oregon Laws 2022. The State
			 Forester's finding shall consider whether the operator, timber owner or
			 landowner has a history of significant violations that shows a pattern of
			 willful disregard for the requirements of ORS
			 527.610 to
			 527.770 or rules or orders
			 adopted or issued thereunder. The State Forester will maintain a list of Repeat
			 Violators for use with civil penalty calculations and financial
			 assurance.
(3) If the State
			 Forester makes a finding under subsection (2), the State Forester shall provide
			 notice to the operator, timber owner or landowner, who may challenge the
			 decision as an order of the State Forester pursuant to OAR 629-
			 672-0100.
(4) The State Forester
			 shall remove a Repeat Violator from the Repeat Violator list three years after
			 the last significant violation citation was issued. On rare occasions the State
			 Forester may remove a Repeat Violator from the Repeat Violator list sooner than
			 three years after the last significant violation citation if the Repeat
			 Violator provides evidence sufficient to demonstrate that significant
			 violations are unlikely to be repeated. In considering whether to remove the
			 Repeat Violator from the list, the State Forester may consider:
(a) Date the last citation was
			 issued;
(b) Changes in ownership,
			 personnel, or contractors;
(c)
			 Changes in training, techniques, or equipment;
(d) Recent violation history; and
(e) Any other evidence submitted or available
			 to the department relevant to the potential for future significant
			 violations.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0300 - Civil Penalties Contested Case Hearings Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
A person being assessed a penalty has the right to request a
				hearing and resolution process that allows a fair review of the facts and
				circumstances of an alleged violation. The Office of Administrative Hearings
				Rules in OAR
				137-003-0501 to
				137-003-0700 and the State Forester's procedural rules in
				629-001-0000 to 629-670-0055 apply to all civil penalty contested case
				hearings.
Stat. Auth.: ORS 527
Stats. Implemented: ORS 527.685,
				  527.687
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0310 - Requesting a Hearing; Stating Claims and Defenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When requesting a hearing, or within ten
			 (10) days following a request for hearing, the person assessed a civil penalty
			 must admit or deny, in writing, all factual matters stated in the notice of
			 penalty. Any factual matters not denied shall be presumed admitted.
(2) When requesting a hearing, or within 10
			 days following a request for hearing, the person assessed a civil penalty shall
			 affirmatively state, in writing, any and all claims or defenses the person may
			 have and the reason that supports the claim or defense. Failure to raise a
			 claim or defense shall be presumed to be a waiver of such claim.
(3) Evidence shall not be taken on any issue
			 not raised in the notice and either the request for hearing or a subsequent
			 statement within ten days following the request for hearing as required in
			 sections (1) and (2) of this rule.
(4) When the person requests a hearing, but
			 fails to deny any factual matters stated in the notice of penalty or to state
			 any claims or defenses, either when requesting the hearing or within ten (10)
			 days following a request for hearing, as required in sections (1) and (2) of
			 this rule, a hearing will not be held. Instead, the civil penalty administrator
			 shall submit the citation and any accompanying information used in preparing
			 the notice of penalty to an administrative law judge, who shall prepare a
			 proposed order for final consideration by the Board of Forestry.
Stat. Auth.: ORS 527
Stats. Implemented: ORS 527.685,
				  527.687
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0315 - Requesting a Reduced Civil Penalty Due to Financial Hardship

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 submit a written request to reduce a civil penalty due to financial hardship.
			 The written request shall be made within the same timelines of the request for
			 hearing in OAR
			 629-670-0310.
(2) The person asking for a reduced civil
			 penalty due to financial hardship is responsible for submitting evidence of
			 their economic and financial condition to the administrative law judge before
			 the hearing. This evidence shall not prejudice any claim by the person that the
			 violation has not occurred, or that they are not responsible for the
			 violation.
(3) Unless the issue is
			 raised in the person's request for hearing, no evidence may be presented during
			 the hearing on the economic and financial condition of the person. During the
			 hearing, the burden of proof and the burden of going forward with evidence
			 concerning the person's economic and financial condition, shall be upon the
			 person against whom the civil penalty is assessed.
(4) The administrative law judge shall
			 consider the evidence of financial hardship and make separate findings and
			 recommendation in the proposed order that support or reject reducing the amount
			 of any civil penalty.
(5) The board
			 delegates to the State Forester the authority to reach settlement to remit or
			 mitigate the amount of any civil penalty at any time before the board issues a
			 final order regarding financial hardship.
Stat. Auth.: ORS 527
Stats. Implemented: ORS 527.685,
				  527.687
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 670 - FOREST PRACTICES ADMINISTRATION - ENFORCEMENT AND CIVIL PENALTIES › Section 629-670-0350 - Orders Prohibiting New Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to respond to situations where an operator or landowner has failed
			 to complete repairs ordered by the State Forester to correct or mitigate
			 damages resulting from a violation of forest practice rules, or has failed to
			 pay civil penalties.
(2) If a final
			 order directing a landowner or an operator to make reasonable efforts to repair
			 damage or correct an unsatisfactory condition issued under ORS
			 527.680(2)(b)
			 has not been complied with within the time specified by the order, the State
			 Forester may issue an additional order that prohibits the landowner or operator
			 from conducting any new operations on any forestland in Oregon until:
(a) The repairs are completed or the
			 unsatisfactory condition is corrected to the satisfaction of the State
			 Forester; or
(b) The order to
			 prohibit conducting new operations has been revoked or modified following an
			 appeal under the procedures of ORS
			 527.700.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 672 - FOREST PRACTICES ADMINISTRATION › Section 629-672-0100 - Orders of the State Forester

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) As used in OAR 629-672-0100  to
			 629-672-0310, order of the State Forester issued under ORS
			 527.610 to
			 527.770 means:
(a) An order denying approval of a plan for
			 an alternate practice (OAR 629-605-0173(3)).
(b) An order to repair damage or correct
			 unsatisfactory condition (ORS
			 527.680(2)(b)).
(c) Temporary order to cease further activity
			 (ORS 527.680(3)).
(d) An order prohibiting new operations (ORS
			 527.680(5)).
(e) An order denying approval of a
			 stewardship agreement (ORS
			 527.662(13)).
(f) An order requiring an operator, timber
			 owner, or landowner to provide financial assurance pursuant to section 45(6),
			 chapter 33, Oregon Laws 2022.
(g)
			 An order that an operator, timber owner or landowner has a history of
			 significant violations pursuant to section 46(6), chapter 33, Oregon Laws
			 2022.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 672 - FOREST PRACTICES ADMINISTRATION › Section 629-672-0200 - Hearings for Operators, Landowners or Timber Owners

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in
			 ORS 527.700(1), any
			 operator, timber owner or landowner affected by a finding or order of the State
			 Forester issued under 527.610 to 527.770 may request a hearing within 30 days
			 of the issuance of the order. The request for a hearing shall be in writing and
			 must include a specific statement as to the reasons for disputing the State
			 Forester's order, including but not limited to disagreement with any findings
			 leading to the order. In addition, the request for hearing shall state what
			 relief from the order is sought.
(2) Hearings under this rule shall be
			 conducted as contested case proceedings under ORS
			 183.413 to
			 183.470.
(3) The hearing shall be commenced within 14
			 days after receipt of the request for hearing and a final order shall be issued
			 within 28 days of the request for hearing unless all parties agree to an
			 extension of the time limits.
(4)
			 An administrative law judge from the Office of Administrative Hearings shall
			 conduct hearings under ORS
			 527.700. The administrative law
			 judge shall conduct the hearing and prepare the record for filing with the
			 board within five working days of the close of the hearing. Except as provided
			 in section (5) of this rule, no less than a majority of the board shall then
			 review and consider the record, hold a meeting or telephone conference, and
			 issue a final order.
(5) If upon a
			 determination by the chairperson of the Board of Forestry, the board cannot
			 complete a final order in the matter within 28 days of the request for a
			 hearing, the chairperson may delegate the authority to issue a final order to
			 the administrative law judge as provided in ORS
			 527.700(2).
(6) Failure of the person requesting the
			 hearing to appear at the hearing shall be deemed a default and shall result in
			 a final order being entered upon a prima facie case made on the record of the
			 agency.
Statutory/Other Authority: ORS 527
Statutes/Other Implemented: ORS
				  527.700
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 672 - FOREST PRACTICES ADMINISTRATION › Section 629-672-0210 - Hearings for Persons Adversely Affected by an Operation for Which a Written Plan is Required under ORS 527.670(3)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a written plan under ORS 527.670(3) is
			 required for an operation, any person who submitted written comments on the
			 operation and who is adversely affected or aggrieved by the operation may file
			 a request to the board for a hearing on the plan. The request shall be filed
			 and copies served on the operator, timber owner and landowner personally or by
			 certified mail within 14 days of the date the comment period for the State
			 Forester ended, whether or not comments were issued. The request shall include:
(a) A copy of the written plan on which the
			 hearing is requested.
(b) A copy of
			 the comments on the written plan submitted by the person requesting the
			 hearing.
(c) The person's name and
			 address and the organization represented;
(d) If represented by an attorney, the name
			 and address of the attorney representing the person;
(e) A detailed statement of the person's
			 interest and of how such interest may be affected by the results of the
			 proceeding;
(f) A detailed
			 statement of the fact regarding how the person's interest is affected by the
			 Forest Practices Act or rules adopted thereunder;
(g) A detailed statement of fact showing that
			 the operation is the type described in ORS 527.670(3);
(h) A brief statement of what board action is
			 sought by the person.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 672 - FOREST PRACTICES ADMINISTRATION › Section 629-672-0300 - Stay of Operation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 Forester is authorized to issue temporary orders pertaining to a stay of
			 operations under ORS 527.700(8).
(2) Any person entitled to a hearing under
			 OAR
			 629-672-0210  may apply to the State Forester for a stay of the operation pending a hearing
			 on the matter. The request for a stay shall include:
(a) The name, address and telephone number of
			 the person filing the request, identifying that person as a petitioner; and the
			 names, addresses and telephone numbers of each of the other parties to the
			 proceedings, identifying those parties' roles in the proceedings. When any
			 party is represented by an attorney in the proceeding, then the name, address
			 and telephone number of the attorney shall be provided and the address and
			 telephone number of the party may be omitted;
(b) Identification of the operation for which
			 the stay is requested;
(c) A
			 statement of facts and reasons sufficient to show that the stay request should
			 be granted because:
(A) Commencement or
			 continuation of the operation will constitute a violation of the rules of the
			 board;
(B) The person requesting
			 the stay will suffer irreparable injury if the stay is not granted;
(C) The person requesting the stay has met
			 the requirements of ORS 527.700(3), (4) and (5); and
(D) Granting the stay will not result in
			 substantial public harm.
(d) A statement identifying any potential
			 injury to the other parties in the matter if the stay is granted. If the
			 purposes of the stay can be achieved with limitations or conditions that
			 minimize or eliminate possible injury to other persons, petitioner shall
			 propose such limitations or conditions. Petitioner shall propose an amount of
			 bond or other undertaking, not less than $15,000 to be imposed on the
			 petitioner should the stay be granted, explaining why that amount is reasonable
			 in light of the identified potential injuries;
(e) A description of any other procedures, if
			 any, the petitioner believes should be followed by the State Forester in
			 determining the appropriateness of the stay request; and
(f) An appendix of affidavits containing all
			 evidence upon which the petitioner relies in support of the statements required
			 in subsections (2)(c) and (d) of this rule.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 672 - FOREST PRACTICES ADMINISTRATION › Section 629-672-0310 - Actual Damages Resulting from a Stay; Attorney's Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the board
			 determines in its comments that the written plan of an operation for which a
			 stay was granted is likely to result in compliance with ORS 527.610 to 527.770 or the rules of the board, the board shall award actual damages in favor of
			 each prevailing party against the person requesting the stay. A landowner,
			 timber owner, or operator against whom a stay was entered may petition for
			 actual damages for the portion of the case upon which it prevailed.
(2) The board may award reasonable attorney's
			 fees and expenses to each of the prevailing parties against any other party who
			 the board finds presented a position without probable cause to believe the
			 position was well founded, or made a request primarily for a purpose other than
			 to secure appropriate action by the board. If a written plan pertaining to an
			 operation for which a stay was granted is determined to likely result in
			 compliance with the Forest Practices Act and rules, the board shall award
			 reasonable attorney's fees in favor of each of the prevailing parties against
			 the person requesting the stay. If the board rescinds or modifies the comments
			 on the written plan as submitted by the State Forester pertaining to any
			 operation, the board shall award reasonable attorney's fees and costs against
			 the state in favor of each of the prevailing parties. Any prevailing party, as
			 described above, may file a petition for attorney's fees, expenses and costs
			 for the portion of the case upon which it prevailed.
(3) An award of attorney's fees shall not
			 exceed $5,000.
(4) As used in this
			 rule, a "prevailing party" is one in whose favor an order pertaining to a
			 written plan is issued, and may include the Department of Forestry where a
			 written plan is affirmed. Where the board rescinds or modifies the comments on
			 portions of a written plan and determines that other portions will likely
			 result in compliance with the FPA or rules, each party may be regarded as a
			 prevailing party.
(5) "Actual
			 damages" include but are not limited to costs such as:
(a) Penalties for non-performance of
			 contracts;
(b) Losses due to market
			 fluctuations;
(c) Payments for crew
			 stand-by;
(d) Equipment
			 down-time;
(e) Move-in and move-out
			 costs; and
(f) Loss in value of
			 logs left sitting on the site for long periods.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 674 - FOREST PRACTICES ADMINISTRATION › Section 629-674-0100 - Procedures for Requesting Copies of Notifications and Written Plans; Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may
			 examine or request copies of notifications or written plans filed with the
			 State Forester as required by the Forest Practices Act. Examination of records,
			 or requests for copies shall be made at the department district or unit office
			 responsible for the geographic areas in question.
(2) When a person requests copies of
			 notifications or written plans already on file, a fee shall be charged, as
			 specified in OAR
			 629-010-0200,
			 Charges for Copying and Purchasing Public Records.
(3) When a person requests to be sent
			 notifications or written plans as they are filed at some time in the future,
			 the request shall be made in writing on forms provided by the State Forester.
			 The request shall require payment, in advance, of a fee established in
			 department directive 0-5-1 -301, dated October 2003. The request shall specify
			 the geographic area of interest by legal description. The smallest unit of area
			 described in a request shall be a section (usually 640 acres).
(4) Upon payment of fees described in section
			 (3) of this rule, the person shall be sent all notifications and written plans
			 filed with the State Forester for the geographic area described in the request
			 for a period of one year from the date of payment.
Stat. Auth.: ORS 527
Stats. Implemented: ORS 527.670 &
				  527.700
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 674 - FOREST PRACTICES ADMINISTRATION › Section 629-674-0110 - Exemption from Sending Written Plans to Department of Revenue or County Assessors

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding ORS 527.670(8), the State Forester may enter into cooperative
			 agreements with the Director of the Department of Revenue and any of the county
			 assessors for the purpose of exempting the State Forester from the requirement
			 to send written plans.
(2)
			 Notwithstanding ORS 527.670(8), the State Forester may enter into cooperative
			 agreement with the Director of the Department of Revenue and any of the county
			 assessors for the purpose of exempting the State Forester from the requirement
			 to send notifications within three working days of receipt. Such agreement
			 shall establish the procedures for sending notifications, appropriate to the
			 use of the receiving party. In those counties which do not assess a personal
			 property tax or otherwise do not have a use for notifications, a cooperative
			 agreement may exempt sending notifications altogether.
Stat. Auth.: ORS 527
Stats. Implemented: ORS
				  527.670
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 676 - FOREST PRACTICES ADMINISTRATION › Section 629-676-0100 - Regional Forest Practice Committee Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS 527.650 and 527.660,
			 Regional Forest Practice Committees are advisory committees established to
			 assist the Board of Forestry in developing appropriate forest practice rules.
			 The committees are comprised of citizens qualified by education or experience
			 in natural resource management. The committees may review proposed forest
			 practice rules, identify the need to amend forest practice rules or propose
			 amended forest practice rules.
(2)
			 The regional committees will be requested to review proposed forest practice
			 rules whenever:
(a) The proposed rule
			 prescribes operating practices needing review to ensure clarity, technical
			 feasibility and practicality;
(b)
			 The proposed rule deals with administrative matters that the Board determines
			 to be of importance to operators and landowners; or
(c) The Board determines that there is a need
			 to provide for greater public involvement in the rulemaking process for a given
			 rule and chooses the regional committees as a vehicle of that public
			 involvement.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 676 - FOREST PRACTICES ADMINISTRATION › Section 629-676-0200 - Member Qualifications, Appointments, Organization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The regional committee members shall be
			 appointed by the Board of Forestry and shall be qualified as prescribed by ORS
			 527.650.
(2) The chairperson and
			 vice-chairperson of each committee shall be selected by the committee
			 members.
(3) The State Forester
			 shall appoint a member of the Department of Forestry to serve as secretary for
			 each of the committees.
(4) Reports
			 to the Board of Forestry shall be made by the respective regional committee
			 chairperson or the chair's designee.
Stat. Auth.: ORS 527
Stats. Implemented:
				  527.650
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 676 - FOREST PRACTICES ADMINISTRATION › Section 629-676-0300 - Conduct of Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 regional committees may determine operating procedures governing the
			 transaction of their business.
(2)
			 The chairperson shall have the usual duties and power of a presiding
			 officer.
(3) All meetings of the
			 regional committees will be conducted as open public meetings. However,
			 although most meetings will provide for the opportunity for public testimony as
			 a necessary means of conducting business, such an opportunity is not required
			 and may be excluded at the discretion of the chairperson when necessary to
			 conduct business.
(4) The committee
			 secretary shall send an agenda together with minutes of the previously held
			 meeting to all members of the committee prior to each committee
			 meeting.
Stat. Auth.: ORS 527
Stats. Implemented: ORS
				  527.660
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 678 - COMPLIANCE MONITORING › Section 629-678-0000 - Purpose and Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 the compliance monitoring program is to monitor forest practice rules
			 implementation and analyze compliance rates.
(2) The compliance monitoring program shall
			 assess the Forest Practices Act and rule compliance and report findings to the
			 Board of Forestry, legislature, and federal services under the terms of an
			 approved habitat conservation plan.
(3) The compliance monitoring program is
			 intended to provide information that will allow for improvement in compliance
			 of the forest practice rules through training, guidance, clarification, and
			 targeted enforcement and to increase the public's trust in the implementation
			 of the Forest Practice Act and rules.
Statutory/Other Authority: ORS
				  527.710 & Section 2(1),
				  Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon
				  Laws 2022
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 678 - COMPLIANCE MONITORING › Section 629-678-0100 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 of Forestry shall administer the compliance monitoring program.
(2) Compliance monitoring may be conducted by
			 the department, through department contractors, or both.
(3) The department shall determine the status
			 of the completion of forest activities that the State Forester received
			 notification by the following measures:
(a)
			 Landowners shall inform the State Forester of the completion of notified forest
			 activities, as described in OAR 629- 605-0150(10); and
(b) The State Forester is authorized under
			 section 44, chapter 33, Oregon Laws 2022 to use the photogrammetric mapping for
			 compliance monitoring.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 678 - COMPLIANCE MONITORING › Section 629-678-0110 - Rule Group Priorities for Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The compliance
			 monitoring program shall prioritize rules related to biological and aquatic
			 resources, including the following:
(a)
			 Division 625 Forest Road Construction and Maintenance rules.
(b) Division 630 Harvesting rules for steep
			 slopes.
(c) Division 643 Water
			 Protection Rules: Vegetation Along Streams rules.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 678 - COMPLIANCE MONITORING › Section 629-678-0200 - Reports

Current through Register Vol. 63, No. 7, July 1, 2024
The compliance monitoring program shall develop the following
				information and monitoring reports:
(1) Information to support any required
			 reporting to the federal services in support of a habitat conservation
			 plan;
(2) Information to support an
			 annual report to the public on the overall habitat conservation plan
			 performance;
(3) A report to the
			 Board of Forestry every two years that summarizes the results of completed
			 compliance audits and provides a progress report of ongoing compliance
			 monitoring efforts as described in OAR 629-678-0100(6)(a) through
			 (d);
(4) An aggregate cumulative
			 report every eight years that includes compliance trends since the beginning of
			 the compliance monitoring program; and
(5) Other reports as directed by the
			 board.
Statutory/Other Authority: ORS
				  527.710, Section 2(1), Chapter
				  33, Oregon Laws 2022
Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon
				  Laws 2022
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 629-680-0000  to 0430
			 shall be known as the Resource Site Inventory and Protection Process
			 Rules.
(2) The purpose of the rules
			 in OAR 629, division 680 is to set criteria to inventory and protect special
			 resources described in ORS 527.710(3)(a) on forestlands regulated by the Forest
			 Practices Act. Forests make a vital contribution to Oregon by providing jobs,
			 products, tax base and other social and economic benefits, by helping to
			 maintain forest tree species, soil, air and water resources and by providing a
			 habitat for wildlife and aquatic life. Consistent with ORS 527.630, it is the
			 policy of these rules to encourage economically efficient forest practices that
			 assure the continuous growing and harvesting of forest tree species and the
			 maintenance of forestland for such purposes as the leading use on privately
			 owned land, consistent with sound management of soil, air, water and fish and
			 wildlife resources that assures the continuous benefits of those resources for
			 future generations of Oregonians.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions listed in OAR
				629-600-0100, as used
				in OAR Chapter 629, Division 680:
(1)
			 "Critical period of use" means the time of year the State Forester determines a
			 species is sensitive to disturbance at a resource site.
(2) "Disturbance" means actions which cause
			 birds to flush from the resource site.
(3) "Endangered species" means any fish or
			 wildlife species identified as "endangered" on lists that are adopted, by rule,
			 by the Oregon Fish and Wildlife Commission or are federally listed as
			 "endangered" under the Endangered Species Act of 1973 as amended.
(4) "Listed species" means a species adopted
			 by the Board under OAR
			 629-680-0200.
(5) "Site productivity" means the ability of
			 a resource site to produce the benefits for which it is being protected. As an
			 example, nesting site productivity is measured by the number of young birds
			 successfully raised. For a roosting site, productivity is measured by the
			 number of birds roosting over a given time. Watering site productivity is
			 measured by the number of band-tailed pigeons that visit the resource site over
			 a given time.
(6) "Threatened
			 species" means any fish or wildlife species identified as "threatened" on lists
			 that are adopted, by rule, by the Oregon Fish and Wildlife Commission or are
			 federally listed as "threatened" under the Endangered Species Act of 1973 as
			 amended.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0020 - Resource Site Defined for the Purpose of a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding OAR 629-600-0100 (108),
			 629-665-0110(1), 629-665-0120(1), and 629-665-0130(1), key components are not
			 considered a part of the resource site in determining the place from which
			 distances are measured for the purpose of requesting a hearing under ORS
			 527.670(4) and
			 527.700(3).
(2) For threatened or endangered bird
			 species, the place from which such distances are measured is the active nest
			 tree, roost trees, or foraging perch.
(3) For birds which use sensitive bird
			 nesting, roosting or watering sites, the place from which such distances are
			 measured is the specific nest tree, roosting tree or watering place.
(4) For significant wetland types identified
			 in OAR 629-680-0310, the place from which such distances are measured is the
			 significant wetland boundary as determined by the State Forester.
(5) For other sites protected under ORS
			 527.710(3)(a),
			 the place will be defined by rule as rules are adopted to protect the
			 sites.
Statutory/Other Authority: ORS
				  527.710
Statutes/Other Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0030 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
The department shall review the resource site rules for
				sensitive bird nesting, roosting and watering sites; for threatened and
				endangered fish and wildlife species; and for significant wetlands to determine
				if protection levels are effective. Every two years the department shall report
				to the Board:
(1) The number and types
			 of operations conducted adjacent to, or within, resource sites.
(2) The productivity of a sample of resource
			 sites, including an evaluation of the success of the applied protection levels
			 and an assessment of the economic impacts.
(3) The number of structural and temporal
			 exceptions requested; the number of exceptions permitted and denied; when
			 exceptions are permitted, any disagreement to the exception on the part of the
			 Department of Fish and Wildlife; and the reasons for granting or denying the
			 exceptions.
(4) The number of
			 approved alternate plans for each significant wetland type.
(5) Recommended changes to protection
			 rules.
(6) Research needed to
			 further evaluate the protection levels.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0100 - Process for Board Evaluation of Threatened and Endangered Fish and Wildlife Species that use Resource Sites that are Sensitive to Forest Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a species
			 is listed as threatened or endangered by state or federal authorities, the
			 Board shall adopt rules to protect resource sites that are used by those
			 species and that are sensitive to forest practices. The following process shall
			 be used when the Board develops protection rules for these resource sites:
(a) The Board's evaluation shall be based on
			 the best available information summarized in a technical review paper. The
			 paper must be submitted by those proposing protection for resource sites used
			 by a threatened or endangered species. The paper may be written by the State
			 Forester, another agency, an organization or a person. The paper shall
			 demonstrate how the resource sites are sensitive to forest practices. The paper
			 may rely upon information used during the listing process and must:
(A) Identify the resource sites used by the
			 species;
(B) Identify forest
			 practices that conflict with the resource sites;
(C) Evaluate the biological consequences of
			 the identified conflicts; and
(D)
			 Propose protection requirements and exceptions for the resource
			 sites.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0200 - Process for Board Listing and De-listing Species that use Sensitive Bird Nesting, Roosting and Watering Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department, a person, an organization
			 or other agency may propose listing species that use sensitive bird nesting,
			 roosting and watering sites. The following process shall be used when the Board
			 considers listing a species:
(a) The Board's
			 evaluation of each species shall be based on the best available information.
			 This information must be summarized in a technical review paper and may be
			 supported by other written information. The technical review paper must be
			 submitted by those proposing the species for listing. Others also may submit
			 technical review papers for the Board's consideration. Technical review papers
			 must include:
(A) The biology of the species.
			 This should include the life history, population status and trends, and
			 identification of the resource site;
(B) The best available information on the
			 number of resource sites of the species on private and public lands in
			 Oregon;
(C) An evaluation of how
			 the resource sites used by the species meet the criteria in OAR
			 629-680-0210;
(D) An identification of forest practices
			 that conflict with the resource site;
(E) An evaluation of the biological
			 consequences of the identified conflicts;
(F) The proposed protection requirements for
			 the resource site;
(G) The proposed
			 exception criteria for the resource site.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0210 - Criteria To Identify Sensitive Bird Nesting, Roosting and Watering Sites

Current through Register Vol. 63, No. 7, July 1, 2024
Resource sites must meet the following criteria in order to be
				listed as sensitive bird nesting, roosting or watering sites:
(1) The resource sites must be used by native
			 species and require site-specific protection in order to assure the
			 continuation of the species throughout its natural range.
(2) The resource sites must have a
			 probability of being directly and adversely affected by forest
			 practices.
(3) In addition, the
			 resource sites must meet one or more of the following criteria:
(a) They are resource sites in which birds
			 concentrate the nesting, roosting, or watering:
(A) Once established, the resource sites must
			 have a history of long and repeated use;
(B) The numbers of resource sites used by the
			 birds are limited (occur in fixed amounts); or
(C) The resource sites provide special
			 requirements for the species.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0220 - Process for Determining Forest Practices Conflicts and Consequences; Protection Requirements for the Resource Site

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following process shall be used by
			 the Board to evaluate forest practices conflicts and consequences and in
			 setting appropriate protection for the resource site. Using the technical
			 review paper developed in OAR
			 629-680-0200,
			 plus other available information for each listed species, the Board shall:
(a) Identify the resource site for each
			 listed species;
(b) Identify forest
			 practices that conflict with the resource site and evaluate the consequences of
			 those conflicts;
(c) Determine the
			 protection requirements necessary to protect the resource site;
(d) Determine any exceptions
			 criteria.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 527.710(3)(a)(D) requires the Board to identify and protect
				significant wetlands. The purpose of these rules is to identify significant
				wetlands types on forestlands. Significant wetlands require site-specific
				protection and written plans. Protection rules for significant wetlands are in
				OAR
				629-645-0000 through OAR
				629-645-0050.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0310 - Significant Wetland Types

Current through Register Vol. 63, No. 7, July 1, 2024
The following wetland types are determined by the Board to be
				significant:
(1) Wetlands that are
			 larger than eight acres;
(2)
			 Estuaries;
(3) Bogs; and
(4) Important springs in eastern
			 Oregon.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0400 - Definition

Current through Register Vol. 63, No. 7, July 1, 2024
Biological sites are resource sites which contain examples of
				ecologically and scientifically significant living natural resources.
				Biological sites include important native plant associations or animal
				communities, or both.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0410 - Protection Goal for Biological Sites

Current through Register Vol. 63, No. 7, July 1, 2024
The protection goal for biological sites is to assure that
				forest practices maintain the biological (plant and animal) diversity and the
				essential habitat at the resource site over time.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0420 - Process To Inventory a Biological Site

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A technical site report is used to
			 propose a biological site for listing on the inventory. The report is written
			 by an individual, a landowner, an agency, or an organization. The report shall:
(a) Identify the key components of the
			 biological site, such as physical features, vegetation, and wildlife;
(b) Identify how or why the biological site
			 meets the criteria in OAR
			 629-680-0430;
			 and
(c) Include written evidence of
			 the landowner's permission for any on-site evaluations that may have been
			 conducted.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 680 - RESOURCE SITE INVENTORY AND PROTECTION PROCESS RULES › Section 629-680-0430 - Biological Sites Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 biological site must include naturally occurring native communities of plants
			 or populations of wildlife that are rare or uncommon. A biological site must
			 contain one or more of the following:
(a) An
			 outstanding example of a rare or unique biological resource; or
(b) Unique assemblage of species;
			 or
(c) On state lands, the
			 existence of threatened or endangered plant species.
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 1 - PROCEDURAL RULES › Section 632-001-0000 - Notice of Rule Making

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to other hearing and notice of rule making
				requirements, the department will furnish notice of its intended agency action,
				depending on the sphere of interest, to interested parties named on a list
				maintained, with periodic revision, by the State Geologist.
Stat. Auth: ORS Ch. 183 & 520
Stats. Implemented: ORS
				  516.090
Oregon Administrative Rules › Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES › Division 1 - PROCEDURAL RULES › Section 632-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to the provisions of ORS
			 183.341,
			 the Board adopts the Attorney General's Model Rules of Procedure under the
			 Administrative Procedures Act effective January 31, 2012.
(2) Persons wishing to appeal department
			 actions are to be guided by OAR 632-010, 632-015, 632-020, 632-030, 632-033,
			 632-035, or 632-037, depending on the action being appealed. The public should
			 first approach department staff, the State Geologist, and finally the Board in
			 seeking resolution of issues which do not fall under the above-cited
			 rules.
Statutory/Other Authority: ORS
				  183.341,
				  197.180  & 517.740
Statutes/Other Implemented: ORS
				  516.090