reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0025 - Determination of Eligibility for Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the State Forester finds affirmative
			 answers to the questions in OAR 629-170-0020(2)(a) and (c); and relative to
			 (2)(b) finds that the underlying actions leading to charges did not actually
			 occur as charged, or finds that they did actually occur but were directly and
			 appropriately related to the firefighter's performance of fire suppression
			 activities, the State Forester may authorize expenditures as provided in ORS
			 477.128.
(2) The State Forester shall strive to make a
			 determination under this rule in as timely a fashion as possible to aid the
			 firefighter in responding to the charges.
(3) Notwithstanding ORS
			 183.480, the firefighter has no
			 right to a hearing or appeal of the State Forester's determination under this
			 rule, as specified in ORS
			 477.128(3).
Stat. Auth.: ORS
				  526.041
Stats. Implemented: ORS
				  477.128
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0030 - Funding

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to authorizing expenditures for costs and reasonable
				attorney fees pursuant to ORS
				477.128, the State Forester must
				determine the source of funding to be used and the amount that may be available
				for such expenditures.
Stat. Auth.: ORS
				  526.041
Stats. Implemented: ORS
				  477.128
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0035 - Written Agreement; Terms of Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As a condition of authorizing
			 expenditures for costs and reasonable attorney fees pursuant to ORS
			 477.128, the State Forester may
			 request the firefighter, the firefighter's legal counsel or both, enter into a
			 written agreement with the State Forester to establish the terms under which
			 expenditures will be made that may include, but are not limited to:
(a) Designation of a department employee to
			 act as the main point of contact in carrying out the terms of the agreement;
(b) Limits on the funds to be made
			 available by the State Forester;
(c) Documentation that may be required to
			 support expenditures and ensure appropriate fiscal procedures;
(d) Timing of expenditures;
(e) Means of recovering funds paid out upon a
			 determination that the employee misrepresented any material facts in the course
			 of making the request for reimbursement required by OAR 629-170-0015, the State
			 Forester's investigation, or at trial; and
(f) Clauses to protect the State of Oregon
			 from any additional liabilities that might arise as a result of these actions.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0040 - Special Case

Current through Register Vol. 63, No. 7, July 1, 2024
If the firefighter seeking reimbursement of legal costs under
				this division is the State Forester, all authorities and responsibilities of
				the State Forester under ORS
				477.128 and this division must
				be delegated to a management service employee of the department, knowledgeable
				in firefighting organization, tactics and procedures, to be carried out under
				the supervision of an ad hoc committee of the Board of
				Forestry.
Stat. Auth.: ORS
				  526.041
Stats. Implemented: ORS
				  477.128
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 600 - DEFINITIONS › Section 629-600-0050 - Forest Practice Rules

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 629, divisions 600 through 680 are known as the
				forest practice rules.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.710 &
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 600 - DEFINITIONS › Section 629-600-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 629, divisions 603 through 669 and
				divisions 680 through 699, unless otherwise required by context:
(1) "Abandoned resource site" means a
			 resource site that the State Forester determines is not active.
(2) "Abandoned roads" are defined as roads
			 that were constructed prior to 1972 and do not meet the criteria of active,
			 inactive, or vacated roads. This does not include skid trails.
(3) "Active channel width" means the stream
			 width between the ordinary high-water lines, or at the channel bankfull
			 elevation if the ordinary high-water lines are indeterminate.
(4) "Active resource site" means a resource
			 site that the State Forester determines has been used in the recent past by a
			 listed species. 'Recent past' shall be identified for each species in
			 administrative rule. Resource sites that are lost or rendered not viable by
			 natural causes are not considered active.
(5) "Active roads" are roads currently being
			 used or maintained for the purpose of removing commercial forest
			 products.
(6) "Adaptive management
			 program committee" (AMPC) means the adaptive management program committee
			 described in OAR 629-603-0300.
(7)
			 "Aquatic area" means the wetted area of streams, lakes, and wetlands up to the
			 high water level. Oxbows and side channels are included if they are part of the
			 flow channel or contain freshwater ponds.
(8) "Aquatic resource" as defined in section
			 40(1), chapter 33, Oregon Laws 2022 means:
(a)
			 A species addressed in the Private Forest Accord Report dated February 2, 2022,
			 and published by the State Forestry Department on February 7, 2022, and the
			 resources on which the species relies; or
(b) If a habitat conservation plan consistent
			 with the Private Forest Accord Report has been approved, a species addressed in
			 the habitat conservation plan and the resources on which the species
			 relies.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0000 - Adaptive Management Program Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of the adaptive management
			 program rules is to provide science-based recommendations and technical
			 information to assist the Board of Forestry in determining when it is necessary
			 or advisable to adjust rules, guidance, and training programs to achieve the
			 biological goals and objectives.
(2) OAR 629-603-0000  through 629-603-0600  shall be known as the adaptive management program rules.
(3) It is the policy of the State of Oregon
			 that regulation of forest practices for the protection of aquatic species
			 shall, in addition to other statutory requirements, be subject to a process of
			 adaptive management, whereby forest practice rules are:
(a) Monitored for effectiveness relative to
			 the biological goals and objectives; and
(b) Modified if necessary to achieve the
			 biological goals and objectives.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0100 - Adaptive Management Program Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The adaptive management program must:
(a) Conduct effectiveness monitoring by
			 assessing the degree to which the rules facilitating particular forest
			 conditions and ecological processes achieve the biological goals and
			 objectives. This assessment may include evaluation of cumulative
			 effects.
(b) Conduct research
			 inquiry and validation monitoring to:
(A)
			 Determine if additional scientific inquiry is needed to fill knowledge gaps
			 related to biological goals and objectives; and
(B) Test and improve existing and new models
			 and methodologies used to design and implement forest practice rules intended
			 to meet the biological goals and objectives.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0130 - Adaptive Management Program Budget

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the intent of the Board of Forestry
			 that the State Forester and its cooperators place a high priority on the
			 adaptive management program, which requires securing adequate resources to
			 conduct the necessary work of the AMPC, the IRST, the Adaptive Management
			 Program Coordinator, and other entities as needed. The State Forester shall
			 work with its cooperators and the legislature to secure the necessary
			 resources, funding, and coordination for an effective adaptive management
			 program.
(2) The board shall
			 determine the budget for:
(a) The IRST Housing
			 Agency described in OAR 629-603-0450;
(b) Participation grants for the AMPC and the
			 IRST per OAR 629-603-0160;
(c) IRST
			 research projects;
(d) Analyses per
			 OAR 629-603-0100(7)  as provided by OAR 629-603-0200(5)(e); and
(e) Other aspects of the adaptive management
			 program that may arise, notwithstanding the process described in section (3) of
			 this rule.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0160 - Adaptive Management Participation Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Organizations on the AMPC and the IRST
			 are eligible for participation grants to compensate the organization for
			 organizational resources the organization dedicated to support the AMPC or the
			 IRST. The Department of Forestry, Department of Fish and Wildlife, Department
			 of Environmental Quality, and federal agencies on the AMPC are not eligible for
			 participation grants.
(2) The Board
			 of Forestry shall determine the budget available for participation grants every
			 biennium pursuant to OAR 629-603-0130(2)(b). The budgeted funds shall be
			 equally divided by the number of members from eligible organizations who apply
			 for the grants.
(3) The board shall
			 award individual participation grants to eligible organizations who request
			 these grants.
(4) If an eligible
			 organization on the IRST has more than one member on the IRST, each eligible
			 organization shall receive individual participation grants for each of their
			 members.
(5) Notwithstanding
			 section (2) of this rule, the board may choose to award some members higher
			 grant amounts if the members have significantly higher workloads than other
			 AMPC or IRST members.
Statutory/Other Authority: ORS
				  527.710 & Section 34(2),
				  Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 36(10), Chapter 33,
				  Oregon Laws 2022, Section 38(11), Chapter 33, Oregon Laws 2022 & Section
				  34(1), Chapter 33, Oregon Laws 2022
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0200 - Adaptive Management Program Process Steps

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule specifies communications
			 between the Board of Forestry, the AMPC, and the IRST to implement the adaptive
			 management program. To the extent there needs to be communications not
			 identified in this rule for adaptive management program success, the Adaptive
			 Management Program Coordinator will facilitate these communications.
(2) By January 31, 2024:
(a) The AMPC shall:
(A) Complete their charter per OAR
			 629-603-0300(2); and
(B) Develop
			 the initial list of research topics including the priorities in OAR
			 629-603-0100(8). Following completion of this list, the AMPC shall integrate
			 the list into a Research Agenda developed via sections (3) through (5) of this
			 rule.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0300 - Adaptive Management Program Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of the Adaptive Management
			 Program Committee (AMPC) is to complete work described in division 603 of OAR
			 chapter 629 and section 36(7), chapter 33, Oregon Laws 2022.
(2) The AMPC shall develop its operating
			 procedures through a charter approved by the AMPC. The charter shall include:
(a) A values statement on the purpose of the
			 AMPC, including the need for ongoing good relationships.
(b) Ground rules for AMPC member
			 interactions.
(c) Determination of
			 what constitutes a substantial decision per section 36(8), chapter 33, Oregon
			 Laws 2022.
(d) Process for
			 selecting chairperson(s). The chairperson shall have the usual duties and
			 powers of a presiding officer.
(e)
			 Roles, expectations, and representation on subcommittees.
(f) Regular deadlines including the deadline
			 specified in OAR 629-603-0200(3)(c).
(g) Measures to maintain and improve the
			 long-term effectiveness of AMPC, including:
(A) Succession management
			 procedures;
(B) Onboarding of new
			 AMPC members; and
(C) Regular
			 review and updating of the AMPC charter.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0400 - Independent Research and Science Team

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of the Independent Research
			 and Science Team (IRST) is to complete work described in division 603 of OAR
			 chapter 629 and section 38(8), chapter 33, Oregon Laws 2022.
(2) The IRST shall develop its operating
			 procedures through a charter approved by the IRST. The charter shall include:
(a) A values statement on the purpose of the
			 IRST, including the need for ongoing good relationships;
(b) Ground rules for IRST member
			 interactions;
(c) Measures to
			 obtain research expertise or review from outside the IRST;
(d) Determination of what constitutes a
			 substantial decision per section 38(9)(b), chapter 33, Oregon Laws
			 2022;
(e) Process for selecting
			 chairperson(s). The chairperson shall have the usual duties and powers of a
			 presiding officer;
(f) Process for
			 nominating new members to fill vacancies and add new disciplinary expertise
			 pursuant to section 38(6), chapter 33, Oregon Laws 2022;
(g) Role, expectations, and representation on
			 subcommittees; and
(h) Measures to
			 maintain and improve the long-term effectiveness of the IRST, including:
(A) Succession management
			 procedures;
(B) Onboarding of new
			 IRST members; and
(C) Regular
			 review and updating of the IRST charter.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0450 - Housing Agency for IRST

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department shall have an agreement with Oregon State University-Institute for
			 Natural Resources to house the Independent Research and Science Team with an
			 initial six-year agreement. At the end of the initial term, and for all periods
			 thereafter, the department shall develop an agreement with a public body every
			 six years to house and support the work of the IRST. The agreements shall align
			 with Division 603 rules. As used in this rule, the term "public body" has the
			 meaning provided in ORS
			 174.109.
(2) Every six years, the Board of Forestry
			 shall consider the location of the IRST Housing Agency in alignment with
			 performance audits per OAR 629-603-0100(5). As part of this review, the AMPC
			 must submit a report to the board evaluating performance of the IRST Housing
			 Agency. The AMPC report shall reflect all the views of the AMPC members and
			 does not require a vote of the AMPC.
(3) The IRST will oversee the IRST Housing
			 Agency's work to:
(a) Help refine research
			 questions and associated proposals per OAR 629-603-0200(4);
(b) Draft requests for proposals to address
			 research projects per OAR 629-603-0200(6);
(c) Post requests for proposals using
			 standard public bidding processes per OAR 629-603-0200(6);
(d) Develop agreements for successful
			 proposers of request for proposals per OAR 629-603-0200(6);
(e) Administer agreements mentioned in
			 subsection (3)(d) of this rule per standard agreement processes for the Housing
			 Agency per OAR 629-603-0200(6);
(f)
			 As requested by the IRST, draft reports summarizing the results of funded
			 research, per OAR 629-603-0200(6)(g);
(g) Provide administrative functions for the
			 IRST including:
(A) Coordinate and host IRST
			 meetings and ensure they adhere to Oregon Public Meetings Law;
(B) Draft and maintain the IRST charter per
			 OAR 629-603-0400(2); and
(C)
			 Provide other administrative functions as needed.
(h) Provide other support duties as
			 needed.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0500 - Adaptive Management Program Coordinator

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester will appoint an Adaptive Management Program
				Coordinator to serve as the program administrator. The Adaptive Management
				Program Coordinator will be a neutral facilitator whose primary function is to
				assist the program by:
(1)
			 Facilitating communication between, and coordinating the work of, adaptive
			 management program participants listed in OAR 629-603-0100(2);
(2) Reporting to the Board of Forestry on
			 annual progress of adaptive management program pursuant to OAR 629-603-0100(4),
			 in addition to appearances as needed to present AMPC reports and other adaptive
			 management program work;
(3)
			 Managing budgets for participation grants described in OAR 629-603-0160  for the
			 AMPC and the IRST;
(4) Coordinating
			 agreements for regular performance audits of the adaptive management program
			 per OAR 629-603-0100(5); and
(5)
			 Performing other duties as needed.
Statutory/Other Authority: ORS
				  527.710 & Section 34(2),
				  Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon
				  Laws 2022
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 603 - ADAPTIVE MANAGEMENT › Section 629-603-0600 - Rulemaking Topics

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to requirements specified in section 39, chapter
				33, Oregon Laws 2022 and other law, the Board of Forestry may use the adaptive
				management program rulemaking process for rules that are not intended to
				achieve the biological goals and objectives.
(1) The board shall ensure that the use of
			 the adaptive management process for issues unrelated to the biological goals
			 and objectives does not impair the ability of the adaptive management program
			 to address issues related to the biological goals and objectives.
(2) If the board directs the AMPC and the
			 IRST to address issues unrelated to the biological goals and objectives, the
			 IRST shall consult with experts in that non-aquatic research discipline to
			 support IRST projects and reports.
Statutory/Other Authority: ORS
				  527.710 & Section 34(2),
				  Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon
				  Laws 2022
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0100 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The operator,
			 landowner, or timber owner shall comply with the practices described in the
			 forest practice statutes and rules unless approval has been obtained from the
			 State Forester for a plan for an alternate practice which is designed to result
			 in the same effect or to meet the same purpose or provide equal or better
			 results as those practices described in statute or administrative
			 rule.
(2) The State Forester may
			 approve a plan for an alternate practice to waive or modify forest practice
			 rules when:
(a) The State Forester determines
			 that a federal or state agency, a college or university, or a private landowner
			 has submitted an application to the State Forester for a bona fide research
			 project involving activities not in accordance with the rules; or
(b) The State Forester determines that
			 waiving or modifying a specific practice will result in less environmental
			 damage than if the practice is applied; or
(c) After consulting with the Department of
			 Fish and Wildlife or other responsible coordinating state agency, the State
			 Forester determines that waiving or modifying a specific practice will improve
			 soil, water quality, fish habitat, or wildlife habitat; or
(d) The State Forester determines that the
			 alternate practice is necessary to provide for public safety or to accomplish a
			 land use change.
(e) The State
			 Forester determines that the alternate practice is necessary to establish a
			 wildlife food plot, while providing overall maintenance of forest resources as
			 described in ORS
			 527.710.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0105 - Notice of Federal Endangered Species Act

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with the forest practices rules does not substitute
				for or ensure compliance with the federal Endangered Species Act. Nothing in
				these rules imposes any state requirement to comply with the federal
Endangered Species Act
. Landowners and operators are advised that
				federal law prohibits a person from taking certain threatened or endangered
				species which are protected under the Endangered Species Act.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.710 &
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0110 - Annual Review

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester shall, at least once each year, meet with
				other state agencies concerned with the forest environment to review the Forest
				Practice Rules relative to sufficiency. The State Forester shall then report to
				the Board of Forestry a summary of such meeting or meetings together with
				recommendations for amendments to rules, new rules, or repeal of
				rules.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.721
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0120 - Consultation

Current through Register Vol. 63, No. 7, July 1, 2024
Department personnel shall consult with personnel of other
				state agencies concerned with the forest environment situations where expertise
				from such agencies is desirable or necessary.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.721
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0130 - Compliance with the Rules and Regulations of the Department of Environmental Quality

Current through Register Vol. 63, No. 7, July 1, 2024
Each operation, as defined by ORS 527.620, shall be conducted
				in full compliance with the rules and regulations of the Department of
				Environmental Quality relating to air and water pollution control. In addition
				to all other remedies, any violation thereof shall be subject to all remedies
				and sanctions available by law, rule, or regulation to the Department of
				Environmental Quality.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0140 - Notification to the State Forester - Types of Operations

Current through Register Vol. 63, No. 7, July 1, 2024
Under the provisions of ORS
				527.670:
(1) Notification to the State Forester shall
			 be given for the following types of operations:
(a) Harvesting of forest tree species
			 including, but not limited to, felling, bucking, yarding, decking, loading or
			 hauling.
(b) Construction,
			 reconstruction and improvement of roads, including reconstruction or
			 replacement of crossing structures on any streams.
(c) Site preparation for reforestation
			 involving clearing or the use of heavy machinery.
(d) Application of chemicals.
(e) Clearing forestland for conversion to any
			 non-forest use.
(f) Disposal or
			 treatment of slash.
(g)
			 Pre-commercial thinning.
(h)
			 Cutting of firewood, when the firewood will be sold or used for
			 barter.
(i) Surface
			 mining.
(j) Establishing and ending
			 the use of wildlife food plots.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0150 - Notification to the State Forester - When, Where and How

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The operator,
			 landowner or timber owner shall notify the State Forester as required by ORS
			 527.670(6), at
			 least 15 days before starting an operation.
(2) The State Forester may waive the 15 day
			 waiting period required in section (1) of this rule, except as prohibited in
			 ORS 527.670(9) for
			 aerial applications of chemicals and 527.670(10) for operations requiring a
			 written plan under 527.670(3)(a), (b) and (c). Waivers may be granted when the
			 State Forester has already previewed the operation site or has otherwise
			 determined the operation to have only minor potential for resource damage.
			 Waivers shall be made in writing, and on an individual notification
			 basis.
(3) Once an operation is
			 actually started following proper notification of the State Forester, the
			 operation may continue into the following calendar year without further
			 notification under 527.670(6), provided:
(a)
			 There are no changes to the information required on the notification;
(b) The operator gives written notice to the
			 State Forester of their intent to continue the operation within the first two
			 months of the following calendar year; and
(c) The operation actively continues within
			 the first six months of the following calendar year.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0160 - Forest Practices Regions

Current through Register Vol. 63, No. 7, July 1, 2024
The state is divided into three regions to better achieve the
				purposes of the forest practice rules. These regions are:
(1) Eastern Oregon Region Boundary: All land
			 east of the summit of the Oregon Cascade Range as described by the following
			 boundary: Beginning at a point on the Columbia River near the junction of
			 Interstate 84 and State Highway 35, thence southerly along State Highway 35 to
			 the north line of Section 5, T2S-R10E; thence east to the NE corner Section 5;
			 thence southeasterly approximately 1.5 miles to a point of intersection with
			 Forest Road No. 1720 in Section 9, T2S-R10E; thence easterly along said road
			 and along Forest Road No. 44 to the east line of Section 12, T2S-R10E; thence
			 southerly along the western boundaries of Wasco, Jefferson, Deschutes, and
			 Klamath Counties to the southern boundary of Oregon.
(2) Northwest Oregon Region Boundary: All
			 land west of the summit of the Oregon Cascade range as described in the Eastern
			 Oregon Region Boundary, north of the south boundary of Lane County.
(3) Southwest Oregon Region Boundary: All
			 land west of the summit of the Cascade Range as described in the Eastern Oregon
			 Region Boundary; south of the south boundary of Lane County.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.640
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0170 - Written Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definition of
			 "Directly Affect" and "Physical Components" For the purpose of section (4) of
			 this rule:
(a) "Physical components" means
			 materials such as, but not limited to, vegetation, snags, rocks and soil;
			 and
(b) "Directly affect" means
			 that physical components will be moved, disturbed, or otherwise altered by the
			 operation.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0175 - Harvest Type 3 Units Exceeding 120 Acres

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to describe
			 the process that operators shall follow to gain approval of a plan for an
			 alternate practice for a harvest type 3 unit that is between 120 and 240 acres
			 in size.
(2) Operators must obtain
			 written approval of a plan for an alternate practice from the State Forester
			 before conducting operations that result in a single harvest type 3 unit, or
			 combinations of harvest type 3 units, that exceed the contiguous 120 acre limit
			 on a single ownership.
(3) For each
			 unit on which a harvest type 3 is proposed to exceed the contiguous 120 acre
			 limit, the plan for an alternate practice shall:
(a) Describe the planned harvest including,
			 but not limited to, the elements of a written plan listed in OAR
			 629-605-0170;
(b) Include a detailed map of the planned
			 harvest that shows the specific unit boundaries; and
(c) Demonstrate that the larger harvest size
			 will result in increased protection of, or reduced adverse impact on, any or
			 all of the resources and values protected by the Oregon Forest Practices Act.
			 For the purposes of this rule, resources and values includes:
(A) Air quality, water resources, soil
			 productivity, and fish and wildlife resources as described in ORS
			 527.710(2);
(B) The resource sites
			 needing protection as listed in ORS 527.710(3);
(C) Scenic resources within visually
			 sensitive corridors as provided in ORS 527.755; and
(D) Public safety related to
			 landslides.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0180 - Interim Process for Protecting Sensitive Resource Sites Requiring Written Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Protection practices for sites requiring written plans under
				OAR
				629-605-0170(5)(a) or
				(d)  shall be determined for each site as
				follows:
(1) The State Forester shall
			 notify the operator and landowner of the presence of a site requiring a written
			 plan, and request their input into the decision making process.
(2) The State Forester shall, when practical,
			 inspect the proposed operation with the landowner or landowner's
			 representative, the operator, and the appropriate representative of the
			 Department of Fish and Wildlife. The State Forester shall then determine if the
			 proposed forest practice is in conflict with the protection of the sensitive
			 resource site.
(3) If planned
			 forest practices are determined to conflict with protection of the sensitive
			 resource site, the written plan must describe reasonable measures sufficient to
			 resolve the conflict in favor of the resource site. Reasonable measures to
			 resolve the conflict in favor of the resource site may include but are not
			 limited to preparing and implementing a habitat management plan, obtaining
			 approval of a plan for an alternate practice, limiting the timing of forest
			 practices, redesigning the proposed practices in favor of site protection and
			 excluding the forest activities outright.
(4) If planned forest practices are
			 determined not to conflict with protection of the sensitive resource site, the
			 written plan shall describe how the operation will be conducted in compliance
			 with existing forest practice rules. No additional protection measures shall be
			 required.
Stat. Auth.: ORS 527.710, 526.016(4), 527.714 &
				  527.715
Stats. Implemented: ORS 527.750(5), 527.765, 527.710(3)(a)(D)
				  & 527.670(8)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0190 - Written Plans for Operations Near Critical, Threatened, or Endangered Wildlife Habitat Sites

Current through Register Vol. 63, No. 7, July 1, 2024
Operators must submit a written plan to the State Forester
				before operating near or within:
(1)
			 Critical wildlife or aquatic habitat sites that are listed in a 1984
			 cooperative agreement between the Board of Forestry and the Fish and Wildlife
			 Commission or sites designated by the State Forester; or
(2) Habitat sites of any wildlife or aquatic
			 species classified by the Department of Fish and Wildlife as threatened or
			 endangered.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.710
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0200 - Compliance with Statutory Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to all other requirements of
			 administrative rule promulgated under the Forest Practices Act, operators,
			 landowners and timber owners who conduct forest operations shall comply with
			 the requirements in:
(a) ORS 527.740 (Harvest
			 type 3 unit limitations);
(b) ORS
			 527.750(Exceeding harvest type 3 size limitations);
(c) ORS 527.755 (Scenic highways and visually
			 sensitive corridors); and
(d) ORS
			 527.676 (Live and dead wood retention in harvest type 2 and 3 units greater
			 than 25 acres).
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0210 - Harvest Type 3 Units within Single Ownerships

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of ORS 527.740 and this
			 rule, "single ownership" as defined in ORS 527.620, shall be interpreted
			 broadly to prohibit manipulation of ownership entities or property transfers
			 intended to avoid the provisions of ORS 527.740, restricting the size of
			 harvest type 3 units, as defined by ORS 527.620. "Single ownership" shall not
			 be interpreted to restrict lawful operations on bona fide separate
			 ownerships.
(2) Nothing in ORS
			 527.740 is intended to restrict the location of a harvest type 3 unit or
			 harvest type 3 unit acreage of one landowner based on the harvest type 3 unit
			 of a wholly separate ownership.
Stat. Auth.: ORS 527.7210
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0220 - Judicial Determinations of Rule Validity

Current through Register Vol. 63, No. 7, July 1, 2024
It is the intent of the Board that if any section of a rule is
				declared invalid or is remanded by the Court of Appeals under ORS
				183.400, the remaining sections
				of the rule will remain valid.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0400 - Forest Activity Safety

Current through Register Vol. 63, No. 7, July 1, 2024
Compliance with worker safety regulations is essential for
				ensuring the safety of operators and their employees. Regulation of forest
				practices must be achieved in a manner which allows operators to comply with
				applicable federal and state safety requirements. In administering the forest
				practice rules to meet the resource protection goals, especially requirements
				related to working near snags, residual green trees and unstable material, the
				State Forester shall use appropriate discretion.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.710
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0500 - Modification of Requirements for Forest Health and Public Safety

Current through Register Vol. 63, No. 7, July 1, 2024
Protection requirements for streams, lakes, wetlands and
				riparian management areas may be modified by approval of a plan for an
				alternate practice by the State Forester for reasons of forest health or
				because of hazards to public safety or property. Hazards to public safety or
				property include hazards to river navigation and hazards to improvements such
				as roads, bridges, culverts, or buildings. Forest health concerns include fire,
				insect infestations, disease epidemics, or other catastrophic events not
				otherwise addressed in OAR 629-642-0600. Such modifications of protection
				requirements should prevent, reduce or alleviate the forest health conflict or
				hazard while meeting the intent of the protection goals as much as possible.
Stat. Auth.: ORS
				  527.710
Stats. Implemented: ORS
				  527.674 &
				  527.710
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0000 - Purpose and Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 629-607-0000  through 629-607-0800  shall be known as the small forestland owner
			 rules.
(2) Small forestland owners
			 play a vital and distinct role from industrial forestland owners to manage and
			 conserve Oregon's private forests. Small forestland owners often differ from
			 large owners as to management goals and financial resources, and they also own
			 a disproportionate share of lowland fish and wildlife habitat.
(3) Goals for this division include helping
			 small forestland owners:
(a) Comply with the
			 Forest Practices Act and rules;
(b)
			 Meet the biological goals and objectives for aquatic resources;
(c) Practice standard harvest and road
			 management rules;
(d) Implement
			 minimum options;
(e) Use the forest
			 conservation tax credit;
(f) Seek
			 funding under the Small Forestland Investment in Stream Habitat
			 program;
(g) Minimize the number of
			 land-use conversions of timberlands to other uses; and
(h) Receive financial and educational support
			 to encourage small forestland owners to follow the standard harvest and road
			 management rules.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0100 - Small Forestland Owner Alternatives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Forest practice rules apply to small
			 forestland owners unless addressed directly or by reference in the
			 rules.
(2) Resource protection
			 standards may have a disproportionate economic or operational impact on small
			 forestland owner parcels or highly encumber harvest operations. The State
			 Forester shall provide:
(a) Small forestland
			 owner minimum options:
(A) Along riparian
			 management areas as described in OAR 629-643-0140, 629-643-0141, 629-643-0142,
			 629-643-0143, and 629-643-0145;
(B)
			 Along fish streams with stream adjacent failures as described in OAR
			 629-630-0920;
(C) Near seeps or
			 springs as described in in OAR 629-643-0145; and
(D) On steep slopes with designated debris
			 flow traversal areas as described in OAR 629-630-0920;
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0200 - Program Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Small
			 forestland owners intending to implement minimum options as described in OAR
			 629-607-0100, exclusively available to small forestland owners, shall do the
			 following:
(a) Notify the State Forester of
			 intent by submitting a notification of operations and certify that they meet
			 the definition of a small forestland owner in OAR 629-600-0100.
(b) Provide, at the request of the State
			 Forester, additional information including but not limited to:
(A) Documentation of full land ownership or
			 partial ownership, which affirms total ownership of forestland of less than
			 5,000 acres in Oregon;
(B) Records
			 of harvests of board feet of merchantable forest products harvested from the
			 Oregon owned forestlands removed in the last three years; and
(C) A statement of affirmation that the
			 landowner does not expect to exceed an average yearly volume of 2 million board
			 feet of merchantable forest products from the Oregon owned lands for the next
			 10 years, following the time of notification.
(c) At the discretion of the State Forester,
			 the department may deem a landowner to qualify as a small forestland owner and
			 allow that landowner access to options and incentives of the program even if
			 they have an exceedance of harvest volumes in (1)(b)(B) or (1)(b)(C), if the
			 small forest landowner provides documentation of a need for the funds to:
(A) Pay estate taxes;
(B) Pay for a court ordered
			 judgment;
(C) Pay extraordinary
			 medical expenses; or
(D) For a
			 compelling or unexpected obligation.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0250 - Notification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Small
			 forestland owners as defined in OAR 629-607-0200  shall submit:
(a) A notification of operation not less than
			 15 days prior to the expected start date of the operation; and
(b) Include other required information not
			 less than 15 days prior to the expected start date of the operation as
			 otherwise required in OAR 629-605-0150.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0300 - Small Forestland Investment in Stream Habitat Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 shall establish the Small Forestland Investment in Stream Habitat (SFISH)
			 Program Fund as a grant program to fund projects on small forestland owner
			 lands. The Small Forestland Owner Assistance Office shall manage the SFISH
			 Program in consultation with the Department of Fish and Wildlife.
(2) The SFISH Program shall make funding
			 available to qualified small forestland owners for the purposes of improving
			 fish habitat on their forestlands for the following projects:
(a) Replace fish stream water crossing
			 structures, not bridges, mostly culverts that are no longer functioning, or
			 still functioning but not designed consistent with requirements of OAR
			 629-625-0320;
(b) Repair abandoned
			 roads; or
(c) Reconstruct, vacate,
			 or relocate roads with a perched fill that present a significant hazard to
			 fish-bearing streams. Not more that 10 percent of available SFISH funds may be
			 used for perched fill remediation projects in any year.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0400 - Forest Conservation Tax Credit - Process for Determining Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 to apply for a forest conservation tax credit, a small forestland owner shall:
(a) Certify that they meet the definition and
			 criteria of a small forestland owner as described in OAR 629-600-0100  and the
			 criteria for this tax credit under chapter 34, section (2), Oregon Laws 2022.
			 The State Forester may require additional information for program participation
			 as outlined in OAR 629-607-0200(1)(b).
(b) Submit a notification of operation for a
			 timber harvest type 1, type 2, or type 3 to the State Forester as required by
			 ORS 527.670(6) to
			 harvest timber adjacent to riparian areas, as described in OAR 629-643-0100  through 629-643-0135. The harvest area must be greater than or equal to the
			 portion of area the small forestland owner elects not to harvest.
(c) Elect to follow the standard practice
			 vegetation retention requirements as described in OAR 629-643-0100  through
			 629-643-0135.
(d) Indicate at the
			 time of submitting the notification of operation the intent to apply for a
			 forest conservation tax credit.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0450 - Forest Conservation Tax Credit Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The width of the forest conservation area
			 is the difference between the outermost edge of the standard practice width as
			 described in OAR 629-643-0100  through 629-643-0135  and the outermost edge of
			 the small forestland owner minimum option width as described in OAR
			 629-643-0141  through 629-643-0142. The length of the forest conservation tax
			 credit area is the length of frontage that follows the same lengths as the
			 standard practice option requirements as defined in OAR 629-643-0100  through
			 629-643-0135.
(2) A small
			 forestland owner may apply for a forest conservation tax credit for an amount
			 that is one half of the stumpage value left between the inside edge of the
			 small forestland owner minimum option and the edge of dry stream channel areas
			 required to be retained for Small Type Np tributaries to Type F or Type SSBT
			 streams as described in OAR 629-643-0105, 629-643-0125, and 629-643-0130. To be
			 eligible for the forest conservation tax credit, the small forestland owner
			 shall field survey the stream and have 100 feet or more of surveyed dry channel
			 between two flow features downstream of the RH max.
(3) Once a forest conservation tax credit has
			 been issued for a riparian management area, the small forestland owner and any
			 future owners must adopt the standard practice in that riparian management area
			 for a period of 50 years from the date the certification was issued.
(4) Landowners shall not remove trees within
			 a forest conservation area except for incidental tree removal, personal use
			 (e.g., provision of firewood), and public safety purposes consistent with the
			 purposes for which the tax credit has been granted under chapter 34, Oregon
			 Laws 2022. Small forestland owners should consult with the Small Forestland
			 Owner Assistance Office prior to removing trees from the forest conservation
			 area.
Statutory/Other Authority: ORS
				  527.710 & Section 2(11),
				  Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon
				  Laws 2022
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0500 - Forest Conservation Tax Credit - Stumpage Value Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule only, "professional forester" means a person that is
			 engaged in the business of appraising or valuing timber or forestland as
			 described in ORS 674.100.
(2) To determine the value of the tax credit,
			 the small forestland owner shall use one of the following methods using
			 standard measuring techniques of professional foresters:
(a) Conversion return method;
(b) Actual comparison method; or,
(c) Cash flow modeling method.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0600 - Forest Conservation Tax Credit - Transfer to Heirs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the death of a small forestland
			 owner who has been granted a forest conservation tax credit and where there is
			 a credit balance remaining, the executor of the small forestland owner's estate
			 shall provide notarized written notice to the Small Forest Owner Assistance
			 Office informing the office that the remaining forest conservation tax credit
			 shall be transferred to heirs or devisees of the small forestland owner. At a
			 minimum, the written notice must include all the following:
(a) Full legal name of the small forestland
			 owner to which the certificate of the forest conservation tax credit was
			 originally issued;
(b) Full legal
			 name of heir(s) and or devisee(s) eligible to receive the remaining forest
			 conservation tax credit;
(c)
			 Percentage(s) amount of forest conservation tax credit remaining to be divided
			 amongst each listed heir and or devisee;
(d) An attestation that no harvesting has
			 occurred within the original certified forest conservation
			 area.