reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0320 - Reporting Underproductive or Unmanaged Forest Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 321.367, the State Forester must
			 report to the appropriate county assessor the location of all designated forest
			 lands that were logged prior to 1973 and are suitable for growing and
			 harvesting timber and fail to meet the minimum stocking requirements under ORS
			 Chapter 527. The State Forester must also report other unmanaged forest
			 lands.
(2) For the purpose of this
			 rule the following definitions and procedures will apply:
(a) "Just Cause for Inadequate Stocking". The
			 State Forester will consider all evidence presented by the landowner in
			 determining "just cause" for areas of low stocking or non-management. "Just
			 cause" may include recent acquisitions, severe sites, environmental problems or
			 other conditions beyond the control of the owner;
(b) "Acceptable Management Plan". The State
			 Forester will accept all management plans that contain sufficient information
			 to insure that the required stocking or management will be achieved within a
			 reasonable time period. The plan must have:
(A) A legal description of the
			 underproductive or unmanaged lands;
(B) A map showing the location of
			 underproductive or unmanaged lands;
(C) A description of the method(s) for
			 meeting the management standards prescribed by OAR 629-023-0310;
(D) A time schedule for completion.
(c) "Reasonable Time". The
			 reasonable time that will be allowed in the owners management plan for
			 achieving the required stocking levels will be based on total ownership. The
			 plan must show that the following percentages of suitable acres of forest land
			 will be in a stocked or managed condition by: 50 percent within five years, 60
			 percent within six years, 70% within seven years, and 80 percent
			 thereafter;
(d) "Unmanaged Forest
			 Land". Forest lands that are not in compliance with the management standards as
			 defined in OAR 629-023-0310  will be considered as unmanaged;
(e) "Reportable Units". The State Forester
			 will report units of underproductive forest land and non-managed forest land
			 when:
(A) The underproductive or unmanaged
			 acreage is more than half the tax lot acreage or 20 acres,whichever is less;
			 and
(B) The units are of a size
			 that can be managed as a unit based on topography, the size of the adjacent
			 stands, and the location of the unit in relation to property lines.
(C) There is no acceptable plan that would
			 lead to compliance with OAR 629-023-0310.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0410 - Purpose of the Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under
			 ORS 315.104 certain taxpayers may
			 claim a tax credit for 50 percent of the reasonable costs of forestation of
			 underproductive commercial forestland.
(2) Under ORS
			 315.106 the State Forester will
			 establish and collect a tax credit application fee for the administration of
			 the reforestation tax credit program.
(3) The purposes of administrative rules
			 629-023-0410  to 629-023-0490  are to establish fees for the administration of
			 the program, to clarify administration of the tax credit by the State Forester
			 and to define an applicant's appeal rights under this credit.
(4) The State Forester may periodically
			 change the tax credit application fee so that revenue generated by the fee will
			 be adequate to recover the costs to administer the tax credit
			 program.
(5) The State Forester
			 will make available a copy of the fee schedule upon request by a
			 taxpayer.
Stat. Auth.: ORS 315 & 526
Stats. Implemented: ORS
				  315.104 &
				  315.106
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0420 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Appropriate
			 sites" means those sites capable of producing a commercial hardwood or softwood
			 stand which meet the definition of commercial forestland and are planted with
			 suitable forest tree species.
(2)
			 "Commercial forestland" means land for which a primary use is the growing and
			 harvesting of forest tree species.
(3) "Forest tree species" means those species
			 that are ecologically suited to the planting site, capable of producing
			 commercial forest products, and marketable in the future as determined by the
			 State Forester.
(4) "Hardwood
			 harvests conducted for the purpose of converting underproductive forestland"
			 means the harvest of an area occupied by a low volume and low value stand in
			 which significant commercial harvest of forest tree species is not possible as
			 defined in OAR 629-023-0440(2), or the landowner can demonstrate that the stand
			 is or was unmerchantable by showing a negative economic return.
(5) "Negative economic return" means the
			 costs that result from the harvest, such as logging, taxation and reforestation
			 costs, exceed the market value received or to be received.
(6) "Project Costs" mean costs paid by the
			 taxpayer to afforest underproductive forestland. For projects planted on or
			 after January 1, 2008, the tax credit application fee is a project
			 cost.
(7) "Reasonable costs" mean:
(a) Costs that a prudent person in the field
			 of forestry would be willing to pay for a product or service; and
(A) Are competitive; and
(B) Associated with generally accepted
			 practices listed in OAR 629-023-0440(3)-(9); or
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0430 - Eligible Project Costs

Current through Register Vol. 63, No. 7, July 1, 2024
For projects planted on or after January 1, 2008, the
				application fee is an eligible project cost. For all projects, eligible project
				and plantation establishment costs incurred by the taxpayer to forest
				underproductive forestland may include labor (does not include labor performed
				by the taxpayer), supervision, material, and equipment operating costs for the
				following:
(1) Site
			 preparation;
(2) Planting, or with
			 State Forester approval, seeding;
(3) Release;
(4) Moisture conservation;
(5) Erosion control;
(6) Animal damage control.
Stat. Auth.: ORS 315 & 526
Stats. Implemented: ORS
				  315.104 &
				  315.106
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0440 - Standards and Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
To qualify for a credit, the State Forester must determine that
				the forestland, prior harvest, and project comply with the following standards
				and specifications:
(1) Forestland
			 must be capable of producing at least 20 cubic feet of wood fiber per acre at
			 culmination of mean annual increment. Site productivity can be determined
			 directly by tree growth and stocking measurements within the operation area, or
			 determined indirectly using applicable USDA Natural Resources Conservation
			 Service soil survey information, USDA Forest Service plant association guides,
			 Oregon Department of Revenue western Oregon site class maps, or other
			 sources.
(2) Prior to harvest the
			 area contains no more than an allowable average of 80 square feet of basal area
			 per acre. Measurable trees are those softwood species, 6 inches dbh and larger,
			 and hardwood species, 11 inches and larger. Conifers may amount to no more than
			 50 percent of the allowable basal area.
(3) Site Preparation. The planting spot for
			 each tree must be free from competing vegetation and slash. This may be
			 accomplished by:
(a) Bulldozing, plowing,
			 discing, mulching, or scalping;
(b)
			 Hand slashing;
(c) Aerial or ground
			 application of various chemicals;
(d) Controlled burning;
(e) Any combination of above.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0450 - Preliminary Certificate Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The project is completed when the minimum number of well-distributed seedlings
			 has been satisfactorily planted. The minimum number required under this section
			 is the same as required under the reforestation rules of the Oregon Forest
			 Practices Act.
(2) The preliminary
			 credit application submitted to the State Forester by the taxpayer must
			 include:
(a) Payment of the tax credit
			 application fee in the amount in effect on the date the preliminary certificate
			 is filed;
(b) A single project
			 area; or
(c) Multiple project areas
			 if approved by the State Forester;
(d) A project map;
(e) The tax year (the year the trees were
			 planted) for which the credit is claimed;
(f) Whether claimant status is as an
			 individual, partnership, or corporation;
(g) The applicant's name, address, social
			 security number or employer identification number;
(h) The legal description of the property
			 including the county;
(i) The
			 number of acres eligible for the tax credit;
(j) The approximate date each activity was
			 completed;
(k) The amount of
			 federal or state cost share or other incentive program funds received;
			 and
(l) The taxpayer's reasonable
			 eligible project costs.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0460 - Final Certificate Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester will issue a final certificate when the new
				forest is established.
(1) The forest
			 is established when at least the minimum number of seedlings as required in OAR
			 629-023-0450  have survived two or more growing seasons and are free to grow
			 without severe competition from other vegetation.
(2) The final credit application submitted to
			 the State Forester by the taxpayer will include:
(a) The tax year for which the credit is
			 claimed;
(b) The number of acres
			 where additional treatment was needed to establish the new forest;
(c) The date the additional treatment was
			 completed;
(d) The amount of
			 federal or state cost share or other incentive program funds received;
			 and
(e) The taxpayer's reasonable
			 eligible project costs.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0490 - Appeal Rights

Current through Register Vol. 63, No. 7, July 1, 2024
A person who wishes to appeal a decision made by the State
				Forester regarding this credit will use the following procedure:
(1) Person must notify the Department of
			 Forestry field representative in writing that they disagree with the decision
			 and explain why they disagree.
(2)
			 If an impasse exists with the field representative, the person may write the
			 department's Forest Tax Programs Manager in Salem, within 90 days of the field
			 representative's determination, requesting an appeal to the Board of Forestry
			 stating the basis for the appeal. The appeal is filed when it is received in
			 the Forest Tax Programs Manager's office. Nothing in this rule precludes the
			 manager from disposing of a controversy by informal conference. Appeals are
			 made to the Board of Forestry using the Model Rules of Procedure under the
			 Administrative Procedure Act. Under these rules the person will be provided a
			 contested case hearing by a hearings officer, whose findings are forwarded to
			 the Board of Forestry for review and action.
(3) If the person wishes to appeal the
			 decision of the Board of Forestry, an appeal must be taken to the Oregon Tax
			 Court within 60 days of the Board's action.
Stat. Auth.: ORS 526
Stats. Implemented: ORS
				  315.104 &
				  315.106
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0000 - Purpose of the Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish standards for recreational- and
				commercial-use of State Forest Lands managed by the Forester. The objectives of
				these rules are: to protect the resources of State Forest Lands, to promote the
				safety of all users of those lands, and to minimize conflicts among the various
				uses of those lands. These rules are adopted pursuant to ORS
				530.050 which gives the Forester
				the authority to adopt rules necessary for the management, protection,
				utilization and conservation of State Forest Lands acquired pursuant to ORS
				530.010 to
				530.040, and 526.291 to 526.294 which gives the department the authority to establish rules governing Large
				Commercial Events.
Stat. Auth.: ORS 526.291 - 526.294,
				  530.050
Stats. Implemented: ORS 526.287 - 526.299,
				  530.010 -
				  530.040,
				  530.990
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in rules 629-025-0000  through 629-025-0099:
(1) "Campground" means an area designated by
			 the Forester for Camping that has designated campsites.
(2) "Camping" means a Person or Persons
			 occupying State Forest Lands overnight.
(3) "Camping Area" means an area designated
			 by the Forester for Camping that has no designated campsites.
(4) "Camping Unit" means a tent, camper,
			 camping trailer, RV, or other shelter designed to be used as a personal living
			 space while Camping.
(5)
			 "Commercial Use" means use of State Forest Lands for business or financial
			 gain.
(6) "Day Use Area" means a
			 Designated Recreation Area designated by the Forester for Recreational Use
			 during specified hours where Camping is prohibited, including but not limited
			 to trailheads, staging areas, and boat launch sites.
(7) "Department" means Oregon Department of
			 Forestry.
(8) "Designated
			 Recreation Area" means an area designated by the Forester, including but not
			 limited to, Campgrounds, Camping Areas, Day Use Areas, trailheads, staging
			 areas, and boat launch sites.
(9)
			 "Designated Trail" means any route on State Forest Land, other than a Forest
			 Road, designated for a specific use by the Forester, which has been cleared of
			 debris so that it is suitable for travel by motorized or non-motorized
			 means.
(10) "Forester" means the
			 State Forester, or the Forester's designated representative.
(11) "Forest Road" means a road constructed
			 by the Department for ingress to and egress from forestland for the purpose of
			 management, protection, growth, and conservation of forest resources by
			 thinning, reseeding, brush control and other forest management
			 operations.
(12) Highway has the
			 meaning found in ORS
			 801.305.
(13) "Large Commercial Event"
(a) Means a gathering that:
(A) Has an Organizer;
(B) Is held for the purpose of a shared or
			 common activity or experience;
(C)
			 Has more than 50 participating individuals or more than 15 Motor Vehicles of
			 participating individuals present at any time; and
(D) Continues or is scheduled to continue for
			 more than four consecutive hours.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0011 - Permits - General Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Permitting Authority: The Forester may require permits for the use of State
			 Forest Lands including, but not limited to, for the following uses:
(a) Sponsored Events;
(b) Camping in Campgrounds or in Camping
			 Areas on State Forest Land;
(c)
			 Parking at designated sites on State Forest Land;
(d) Use of Day Use Areas; and
(e) Commercial Use, including Large
			 Commercial Events.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0020 - Permits - Sponsored Events

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Permits Required: A Person must obtain a permit from the Forester to sponsor,
			 promote or conduct any Sponsored Event on State Forest Land.
(2) The Forester may issue a permit for a
			 Sponsored Event when the following requirements are satisfied:
(a) Adequate sanitation, policing, medical
			 facilities, traffic control and other necessary services are
			 provided;
(b) Conflict with
			 traditional recreation activities is minimized;
(c) All expenses, risks, and liabilities are
			 borne by the Sponsors rather than the general public or the
			 Department;
(d) The health,
			 well-being, and personal property of forest users, Persons, neighboring
			 landowners and of the general public are protected; and
(e) Damage to forest resources or
			 improvements is negligible or is reasonably mitigated.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0021 - Permits - Large Commercial Events

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permits Required: A Person must obtain a
			 permit from the Forester to sponsor, promote or conduct a Large Commercial
			 Event on State Forest Land.
(2) The
			 Forester may issue a permit for a Large Commercial Event when the following
			 requirements are satisfied:
(a) Compliance
			 with, or the ability and willingness to comply with, applicable health and
			 safety standards found in OAR 629-025-0022;
(b) Conflict with traditional recreation
			 activities is minimized;
(c) All
			 expenses, risks, and liabilities are borne by the Organizer rather than the
			 general public or the Department; and
(d) Damage to forest resources or
			 improvements is negligible or is reasonably mitigated.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0022 - Health and Safety Standards - Large Commercial Events

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sewerage Facilities:
(a) Chemical toilets must be provided at a
			 rate of at least one toilet per 80 persons or fraction thereof.
(b) Chemical toilets must be serviced daily
			 with respect to sanitation, removal of contents, and recharging of chemical
			 solution.
(c) All chemical toilets
			 must be located so as to be easily and readily serviced by servicing
			 vehicles.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0030 - Other Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Person must
			 pay the applicable fee for use of Campgrounds, Camping Areas and other listed
			 facilities and services.
(2)
			 Payment of Fees: Unless posted otherwise, payment of fees must be made prior to
			 receipt of the permit or use of the facilities and services. Permit fees are
			 non-refundable. Overnight camping fees are for the use of facilities until 1:00
			 p.m. of the following day.
(3)
			 Established Fees: Specific fees for permits, facilities and services, are as
			 follows:
(a) Camping in a Campground at a:
(A) Vehicle site: $20 per night;
(B) Walk-in site: $15 per night;
(C) Designated Camping Area: $5 per night per
			 Motor Vehicle.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0031 - Reservations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 Regulations:
(a) Reservations will be
			 accepted and processed for specified facilities through the internet via the
			 Oregon State Parks Reservation Center.
(b) A Person may make a reservation a maximum
			 of nine months prior to the arrival date.
(c) A Person must be 18 years of age or older
			 to make a reservation.
(d) A Person
			 may not make reservations for multiple areas for the same date range.
(e) Reservations and registrations for horse
			 camping sites shall be made only for people Camping with their horses or
			 similar large animals unless otherwise specified by the Forester.
(f) Only the Person whose name appears on the
			 original reservation, their designee (as documented in the reservation records)
			 or the primary occupant may change or cancel an existing reservation or access
			 information associated with a reservation.
(g) Customer information may be made
			 available upon written request in compliance with ORS chapter 192 and
			 Department policy.
(h) Specific
			 information regarding a confirmed reservation will not be released to the
			 public as provided in ORS
			 192.501 and
			 192.502.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0035 - Veteran's Special Access Pass and Active Duty Military Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fees
			 established under OAR 629-025-0030(3)(a)  shall be waived for a Person to whom a
			 Veteran's Special Access Pass has been issued by the Oregon Parks and
			 Recreation Department and meets the eligibility requirements in OAR
			 629-025-0035(2).
(2) To be eligible
			 for a fee waiver under OAR 629-025-0035(1):
(a) The site must be occupied by the
			 individual named on the Veteran's Special Access Pass;
(b) The pass holder must be able to present
			 the Veteran's Special Access Pass and valid government-issued photo
			 identification to confirm the identity of the person named on the Veteran's
			 Special Access Pass, when requested by Department personnel; and
(c) The pass holder must provide their name
			 and Veteran's Special Access Pass number on the fee envelope used to indicate
			 occupancy of the site.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0040 - General Forest Recreation Rules and Public Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sanitation.
(a) On all State Forest Land, a Person may
			 not in any manner, unless otherwise authorized, cause any rubbish, garbage,
			 refuse, organic or inorganic waste, diseased or dead animals, recreational
			 vehicle sewage, or other offensive matter or any abandoned property or material
			 to be placed or left on State Forest Land. A Person may not:
(A) Dispose of any cans, bottles and garbage
			 except in designated places or receptacles;
(B) Drain sewage or petroleum products or
			 dump refuse or waste other than grey water except in places or receptacles
			 provided for that purpose;
(C)
			 Dispose of any household, commercial or industrial refuse or waste brought as
			 such from private or municipal property, including but not limited to
			 automobiles, household appliances and furnishings;
(D) Pollute or contaminate water supplies or
			 water used for human consumption;
(E) Use a refuse container or disposal
			 facility for any purpose other than for which it is supplied; or
(F) Remove items from containers designated
			 for recyclables, garbage, sewage or waste without authorization from the
			 Forester.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0050 - Designated Recreation Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State
			 Forest Land designated by the Forester as "Designated Recreation Areas" may
			 include, but are not limited to, Campgrounds, Camping Areas, Day Use Areas,
			 trailheads, staging areas, and boat launch sites. Maps showing the Designated
			 Recreation Areas must be kept on file at the Forester's office and the
			 applicable District office, and must be available for public inspection during
			 normal business hours.
(2) General
			 Forest Recreation Rules as outlined in OAR 629-025-0040  apply to Designated
			 Recreation Areas. In addition to those rules, the following rules
			 apply:
(3) Occupancy and Use:
(a) At areas where Camping is permitted a
			 Person may not camp longer than 14 days out of any 28 day period at a
			 Designated Recreation Area.
(b) A
			 Person must be 18 years of age or older to reserve and register for campsites
			 in Designated Recreation Areas.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0060 - Campground and Day Use Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Maps showing the Campground and Day Use Areas designated by the Forester must
			 be kept on file at the Forester's office and the applicable District office,
			 and available for public inspection during normal business hours.
(2) The General Forest Recreation Rules as
			 outlined in OAR 629-025-0040  and the Designated Recreation Area rules as
			 outlined in OAR 629-025-0050  apply to Campground and Day Use Areas. In addition
			 to those rules, the following rules apply to Campgrounds and Day Use Areas:
(a) Sanitation: In Campground and Day Use
			 Areas a Person may not, unless otherwise authorized:
(A) Clean fish, game, other food, clothing or
			 household articles at any outdoor hydrant, pump, faucet or fountain, or
			 restroom water faucet;
(B) Deposit
			 human waste except in toilet or sewage facilities provided for that
			 purpose.
(C) Leave bottles, cans,
			 ashes, waste, paper, garbage, sewage, or other rubbish or refuse, except in
			 receptacles designated for that purpose.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0070 - Use of Roads and Trails

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Person may not operate a Motor Vehicle off-road:
(a) Except on a trail designated for that
			 purpose;
(b) Without an approved
			 spark arrestor, as specified in OAR 629-043-0015;
(c) Without an adequate noise muffler as
			 defined in ORS 821.220;
(d) Without a valid ATV registration, or
			 snowmobile registration for snowmobiles; or
(e) From one half hour after sunset to one
			 half hour before sunrise unless equipped with working head- and
			 tail-lights.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0080 - Removing Unattended Personal Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Forester may remove Unattended
			 Personal Property from State Forest Lands. Items that, at the sole discretion
			 of Department personnel, have no apparent utility or are in an unsanitary
			 condition are considered garbage and may be discarded.
(2) Unattended Personal Property includes
			 items that have been left on State Forest Land longer than 48 hours or in
			 Designated Recreation Areas for more than 24 hours and are reasonably
			 recognizable as belonging to a Person and that have apparent utility.
(3) Weapons, drug paraphernalia, and items
			 that reasonably appear to be either stolen or evidence of a crime, at the sole
			 discretion of Department personnel, must be turned over to the appropriate law
			 enforcement agency.
(4) Department
			 personnel may separate Unattended Personal Property from garbage during
			 cleanups. Garbage must be immediately discarded and Unattended Personal
			 Property must be stored by the Department for no-less-than 30 days. During that
			 period it must be reasonably available to Persons claiming ownership of the
			 Unattended Personal Property.
(5)
			 The Forester must arrange in advance for a location to store Unattended
			 Personal Property. The storage facility must be reasonably secure and located
			 at or near one of the Department's District offices. The address of the
			 facility will not be publicized; however, a telephone number to arrange an
			 appointment to pick up claimed Unattended Personal Property must be provided.
			 The telephone number must reach an office that is staffed during normal
			 business hours (8 a.m. to 5 p.m. weekdays). Appointments to claim Unattended
			 Personal Property must only be made during normal business hours.
Statutory/Other Authority: ORS
				  530.050
Statutes/Other Implemented: ORS
				  530.010  - 530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0090 - Enforcement, Evictions, and Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Person must observe and abide by all
			 instructions, warnings, restrictions and prohibitions on posted signs and
			 notices, or from Department personnel.
(2) The Forester may take actions to protect
			 the safety or health of the public or forest resources or improvements, by:
(a) Seeking compliance from the public with
			 any Division 25 rule;
(b) Ordering
			 a Person who violates a Division rule to leave a Designated Recreation
			 Area;
(c) Excluding a Person in
			 violation of a Division rule from a Designated Recreation Area or multiple
			 Designated Recreation Areas for a specified period of time.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0092 - Closures and Access Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The State Forester may establish portions of State Forest land that are closed
			 or limited to specific uses or activities by the public. These may differ from
			 State Forest land to State Forest land and from time-to-time, but shall be
			 indicated on the Department website, and on posted signs at the State Forest
			 land that is closed.
(2) Closures
			 will be identified by signs at major points of entry to the restricted portions
			 of the forest and notices placed on the Department's website.
(3) A person may not enter or occupy State
			 Forest land that has been ordered closed by the State Forester.
(a) A person engaging in work under contract
			 with the Department of Forestry may be exempt with written permission from the
			 Forester or their designee.
(b)
			 This restriction does not apply to state employees or law enforcement officers
			 in the performance of their official duties.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0098 - Criminal Penalty for Large Commercial Event Offense

Current through Register Vol. 63, No. 7, July 1, 2024
An organizer commits a Class A misdemeanor if the organizer:
(1) Accepts money or other items of
			 value in an exchange described under ORS 526.287(2)(a) prior to the issuance of
			 a large commercial event permit required under ORS 526.291; or
(2) Recklessly allows the violation of a term
			 or condition of a large commercial event permit issued to the organizer by the
			 State Forestry Department.
Stat. Auth.: ORS 526.291
Stats. Implemented: ORS
				  526.991
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 25 - FOREST PARK AND RECREATION AREAS › Section 629-025-0099 - Violations and Fines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for
			 violations arising from activities under contract with the State Board of
			 Forestry or the Department, and subject to ORS
			 153.022, violation of any rule
			 or order adopted pursuant to ORS
			 530.050 is a Class A
			 violation.
(2) Multiple violations
			 of any rule or order adopted pursuant to ORS
			 530.050 shall be considered a
			 single violation. However, each day a violation continues shall be considered a
			 separate violation.
(3) Violations
			 and punishments set forth in this section are in addition to and not in lieu of
			 the provisions of ORS
			 164.305 to
			 164.335.
Stat. Auth.: ORS
				  530.050
Stats. Implemented: ORS
				  530.990
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 28 - PERSONAL USE FUELWOOD PERMITS › Section 629-028-0002 - Purpose of Special Forest Products

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 164.813 requires the State Board
				of Forestry to define special forest products. Special forest products, other
				than timber forest products, may be harvested from private land if the
				landowner permits the harvester to do so. The list of special forest products
				may be modified by following criteria in OAR 629-028-0004.
Stat. Auth.: ORS
				  164.813
Stats. Implemented: ORS
				  164.813
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 28 - PERSONAL USE FUELWOOD PERMITS › Section 629-028-0003 - Special Forest Products Permission; Permit by Landowner; Forms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written
			 permission is required and provided by the landowner, or landowner
			 representative, to a person harvesting special forest products. Written
			 permission must follow the requirements of ORS
			 164.813. The person harvesting
			 special forest products must have in their possession a written permit from the
			 owner of the land from which the firewood is cut or the special forest products
			 taken.
(2) Any fees associated
			 with permission to harvest or remove special forest products are determined by
			 the landowner.
(3) Landowners, or
			 their representatives, may use the department-provided forms. All permits shall
			 conform to ORS 164.813 requirements.
(4) Records pertaining to the selling, buying
			 and transporting of special forest products shall be made available upon
			 request to any peace officer as defined in ORS
			 133.005.
Stat. Auth.: ORS
				  164.813,
				  164.814,
				  164.845 &
				  164.855
Stats. Implemented: ORS
				  164.813 &
				  164.814
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 28 - PERSONAL USE FUELWOOD PERMITS › Section 629-028-0004 - Process for Adding, Removing or Modifying Special Forest Products from the Definition of Special Forest Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department, a person, an organization
			 or other agency may propose to add, remove or modify an item from the
			 definition of special forest products.
(2) The best information available needs to
			 support the request to add, remove or modify an item from the definition of
			 special forest products, including:
(a) The
			 need to add, remove or modify an item; and
(b) A description of the economic value and
			 market for the item to be added; or
(c) An evaluation of how an item contained in
			 the definition of special forest products is no longer considered useful or
			 valuable and needs to be removed; or
(d) A description of the need to modify an
			 item or description of a special forest product.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 28 - PERSONAL USE FUELWOOD PERMITS › Section 629-028-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words and phrases, when used in this division,
				shall mean the following unless the context otherwise requires:
(1) "Forester" means the State Forester or an
			 authorized representative.
(2)
			 "Board" means the Oregon State Board of Forestry.
(3) "Fuelwood Permit" means a permit issued
			 by the Forester to an individual authorizing permittee to gather, salvage, cut,
			 and remove not over two cords of wood fibre from State forest lands for
			 personal use as domestic fuel.
(4)
			 "Permittee" means a person who has in possession a valid fuelwood
			 permit.
(5) "Permit Fee" means a
			 charge made by the Forester to recover costs of administering the fuelwood
			 permit program.
(6) "State Forest
			 Lands" means those lands managed by the Forester under authority of ORS 530.010 to ORS 530.520.
Stat. Auth.: ORS 526 & ORS 530
Stats. Implemented: ORS 526.005 & ORS 530.010 - ORS
				  530.020
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 28 - PERSONAL USE FUELWOOD PERMITS › Section 629-028-0010 - Purpose of Woodcutting Permitting on State Forest Lands

Current through Register Vol. 63, No. 7, July 1, 2024
As set forth in ORS 530.050 the Forester in exercising legal
				authority for the management of State forest lands shall manage the land to
				secure the greatest permanent value to the State. The Forester, in the
				management, protection, utilization, and conservation of the lands may, in
				addition to selling forest products from the lands, permit the use of the lands
				for other purposes not detrimental to the State. The Board and the Forester
				have determined that it is in the interest of the State to permit the people of
				the State to utilize wood fiber that has a marginal economic or commercial
				value as firewood.
Stat. Auth.: ORS 530
Stats. Implemented: ORS 530.050 &
				  530.500
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 28 - PERSONAL USE FUELWOOD PERMITS › Section 629-028-0015 - Permit Fee Associated with Woodcutting Permits on State Forest Lands

Current through Register Vol. 63, No. 7, July 1, 2024
The Forester intends to issue woodcutting permits, and when
				necessary, to charge a permit fee. Such fee does not constitute a price for
				sale of forest products, but may be made in an amount sufficient to enable the
				Forester to recover costs of developing woodcutting areas, issuing permits, and
				supervising and administering the woodcutting permit program. If a fee is
				necessary, it shall be a standard rate, used statewide, and established
				annually by the Forester.
Stat. Auth.: ORS 530
Stats. Implemented: ORS 530.110, 530.115 &
				  530.500
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 28 - PERSONAL USE FUELWOOD PERMITS › Section 629-028-0020 - Criteria for Fee Charge; State Forest Land Woodcutting Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining
			 when to charge a permit fee, and the amount of such fee, the Forester shall
			 consider the following:
(a) The amount of
			 demand for woodcutting permits in local areas or districts;
(b) The amount of wood available for cutting
			 and any costs incurred in making it accessible for permit use, such as yarding,
			 bunching, posting, marking, and road improvement or maintenance;
(c) The possible impact of administration of
			 the woodcutting permit program upon the accomplishment of other activities
			 necessary to the management of the lands.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 28 - PERSONAL USE FUELWOOD PERMITS › Section 629-028-0025 - Requirements of Permittees of Woodcutting Permits on State Forest Lands

Current through Register Vol. 63, No. 7, July 1, 2024
Each permittee shall observe the following requirements:
(1) Permittee shall have the permit
			 in possession when cutting or removing firewood.
(2) The firewood is for personal use and
			 permittee shall not sell, bargain, or otherwise obtain monetary or material
			 profit from the fuelwood obtained through a permit
(3) Permittee shall perform the cutting and
			 removal of firewood in compliance with the laws of the State of Oregon, and
			 requirements of the Forester for the protection and conservation of the lands.
Stat. Auth.: ORS 530
Stats. Implemented: ORS
				  530.500
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply only to sales of forest products with a value
				in excess of $25,000 or as otherwise allowed by ORS 530.059;
				273.521; or
				273.525.
Stat. Auth.: ORS 526.016
Stats. Implemented: ORS
				  630.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0005 - Sale Contract Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Areas of Operations:
The locations where a PURCHASER performs the
			 operations described in a contract.
(2)
Authorized Representative:
The State Forester and the deputy, assistants and employees of the forester,
			 acting under direction of the State Board of Forestry.
(3)
Bid:
A competitive offer,
			 which is binding on the bidder, in which price, delivery (or project
			 completion) and conformance with specifications and the requirements of the
			 Invitation to Bid will be the predominant award criteria.
(4)
Bidder:
A person, business,
			 corporation, or other entity recognized by the STATE that submits a bid to
			 enter into a contract with the STATE to purchase forest products, and that
			 certifies that the timber will be harvested.
(5)
Contract:
The entire written
			 agreement between the parties, including but not limited to the Notice of
			 Timber Sale; Invitation to Bid or Request for Proposal; Instructions to
			 Bidders, specifications, terms, and conditions contained in the prospectus;
			 Exhibits; Operations Plan; change notices; if any; and the accepted Form of
			 Proposal.
(6)
Contract
			 Award:
The decision of the STATE to award the contract.
(7)
Contracting Officer:
The
			 State Forester and the deputy, assistants and employees of the forester, acting
			 under direction of the State Board of Forestry.
(8)
Forest Products:
Harvested
			 timber and/or other products harvested from State Forest lands.
(9)
MBF:
Thousand Board Feet.
			 The standard abbreviation for 1,000 board feet of standing timber, logs, or
			 lumber. An industry standard of measurement.
(10)
Operations:
All the
			 activities conducted by a PURCHASER under a contract, including project work,
			 logging, or post harvest activities; or the furnishing of all materials,
			 equipment, labor, and incidentals necessary to successfully complete any
			 individual item or the entire contract.
(11)
Project Location:
The
			 points or areas designated as such on a contract Exhibit A and located on the
			 ground by reference to points, stations, natural land features, improvements,
			 or area boundary signs.
(12)
PURCHASER:
Successful high bidder or authorized representative of
			 bidder on a forest products sale contract.
(13)
STATE:
The Oregon
			 Department of Forestry, State Forester, or a duly Authorized Representative of
			 the State Forester.
(14)
Timber Sale Area:
The area or areas designated as such on a
			 contract Exhibit A and located on the ground by reference to legal
			 subdivisions, monuments, natural land features, improvements, or sale boundary
			 signs.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0010 - Competition in Forest Products Sale Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
All forest product sale contracts with an appraised value in
				excess of $25,000 shall be awarded by competitive bidding except as otherwise
				allowed or required in ORS 530.059,
				273.521, or
				273.525. Unless the STATE
				decides otherwise, competitive bidding may involve a Notice of Timber Sale and
				the submission by bidders of written, sealed offers or proposals which are
				opened and read aloud at a publicly disclosed day, time, and place. If the
				STATE should decide, a public auction may be used instead of written, sealed
				offers or proposals. The resulting sale contract may be awarded to the highest
				responsive, responsible bidder.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0015 - Bids Are Offers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The bid is the
			 bidder's offer to enter into a contract which, if the bid is accepted for award
			 by the STATE, binds the bidder to a contract and the terms and conditions
			 contained in the Notice of Timber Sale and the Form of Proposal unless the bid
			 is withdrawn in accordance with OAR
			 629-029-0055  prior to the time of bid opening.
(2) The bid shall be a complete offer and
			 fully responsive to the bid, unless bidders are specifically authorized by the
			 Notice of Timber Sale to take exceptions or to leave terms open to
			 negotiation.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0020 - Bid Preparation Instructions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise allowed by the STATE:
(1) Bid Compliance:
(a) Bids shall be typed or prepared in ink
			 and shall be signed in ink by the bidder, or an authorized representative of
			 the bidder.
(b) Bids shall be made
			 on the form(s) provided unless bidders are otherwise instructed in the Notice
			 of Timber Sale.
(c) Alterations or
			 erasures, if any, shall be initialed in ink by the person signing the
			 bid.
(d) Bids shall contain a fully
			 executed bid package, including all required documents.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0025 - Bidder Examination

Current through Register Vol. 63, No. 7, July 1, 2024
Bidders, before submitting a bid, shall make a careful
				examination of the contract documents and the site of the sale and any appended
				project work. Such examination shall be independent of any representations by
				the STATE concerning the quality and quantity of timber, the allowable method
				of removal of the timber or of conditions affecting the work at the site.
				Pursuant to OAR
				629-029-0135,
				every contract shall contain a clause requiring such an examination and
				absolving the STATE from any liability for any misrepresentation or failure to
				provide information. Bidders shall have independently:
(1) Fully informed themselves as to the
			 quality and quantity of materials and the character of the operations required;
			 and
(2) Have made a careful
			 examination of the location and quantity and quality of the forest products to
			 be sold.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 29 - SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY › Section 629-029-0030 - Bidder Submissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Identification of bids.
(a) To ensure proper
			 identification and special handling, bids shall be submitted in a sealed
			 envelope appropriately marked or in the envelope provided by the STATE,
			 whichever is applicable.
(b) The
			 STATE shall not be responsible for the proper identification and handling of
			 bids not submitted in the designated manner or format to the required delivery
			 point.