reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0020 - Land Status, Designation, and Classification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS 530.040requires that all lands
			 received in exchange shall have the same status and be subject to the same
			 provisions of law as the lands given in exchange. Status means the designation
			 of the lands as Board of Forestry-owned state forest lands.
(2) Any land transaction proposals shall
			 state what Forest Land Base Designation and Forest Land Management
			 Classification is in effect for the lands proposed to be given, and shall state
			 what Forest Land Base Designation and Forest Land Management Classification is
			 proposed for the lands being acquired.
(3) Lands proposed to be acquired or
			 exchanged shall be treated as amendments to the district land base designations
			 and management classifications system as provided in OAR
			 629-035-0070,
			 and shall be subject to a 30-day public comment period prior to approval of the
			 transaction.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0025 - Approvals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Exchanges of
			 state forest lands between counties shall first be approved by the County Court
			 or Board of County Commissioners of the counties affected.
(2) All exchanges of state forest land that
			 require a monetary payment in excess of ten percent of the value of the
			 parcel(s) being acquired shall first be approved in concept by the Board of
			 Forestry.
(3) All acquisitions of
			 forest lands proposed for ownership by the Board and designation as state
			 forest lands must have approval of the County Court or Board of County
			 Commissioners of the county affected.
(4) All acquisitions or exchanges involving
			 state forest lands shall be submitted to the Board for final approval prior to
			 execution of deeds which consummate the transaction.
(5) The Department shall obtain approval by
			 the Attorney General of the title to all lands to be received in accordance
			 with ORS 530.020.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0030 - Public Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required
			 by ORS 530.040(3), a public hearing on all acquisitions or exchanges of state
			 forest land shall be held at the courthouse of the county or counties in which
			 the lands are situated.
(2) Notice
			 of such hearing shall be given by publication in two successive issues of a
			 newspaper of general circulation published in that county or counties, the
			 first of which shall be given not less than 30 days prior to the date of the
			 hearing.
(3) The notice shall
			 specify the time and place of the hearing, a description of lands to be given
			 and received including a legal description and common name where applicable,
			 and describe the proposed Forest Land Base Designation and Forest Land
			 Management Classification for the lands being acquired. The notice shall also
			 indicate how and where to obtain detailed maps outlining the exact location of
			 the parcels involved and staff analysis of the transaction.
(4) The 30-day notice required for public
			 comment in OAR
			 629-033-0020(3)
 
			 will commence on the date of the hearing described in subsection (2) above, and
			 will run for 30 days. Public comments must be submitted by the closing of the
			 public comment period and shall be sent to the State Forester's office in
			 Salem.
(5) The Department shall
			 furnish the County Commissioners with complete copies of all comments or other
			 pertinent documents submitted relative to the transaction prior to commencement
			 of the County Commissioners public hearing on the transaction.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0035 - Monetary Consideration in Exchanges

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may consider the receipt of land, monetary
				consideration, or other assets to equalize values of the parcels being
				exchanged. The Department must, however, receive approval in concept from the
				Board of Forestry when the proposed monetary payment exceeds ten percent of the
				value of the parcel(s) being acquired. In no event shall monetary compensation
				exceed 25 percent of the appraised value of the acquired property, unless the
				Board finds extraordinary circumstances exist that necessitate the
				exchange.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0040 - Timber Harvest of Potential Exchange Parcels

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may harvest a parcel that has been identified
				for exchange prior to approval of the exchange by the Board when:
(1) The harvest of the parcel aligns with
			 achieving the goals of applicable forest management plans and the rationale has
			 been documented in annual operations plans; or
(2) The Board approves the harvest prior to
			 final completion of the exchange.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0045 - Valuation of Acquisition or Exchange Parcels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The value of any asset in an acquisition,
			 including land, timber and other assets, is equal to the price a prudent
			 purchaser would pay in accordance with accepted appraisal practices. Unless the
			 Board of Forestry finds that unusual circumstances exist, the value received by
			 the Department in an acquisition or exchange shall not equal less than the
			 value of the property transferred.
(2) In assessing the value of lands to be
			 given or acquired, the Department will conduct a biological assessment of plant
			 and wildlife resources on the parcel(s), and a recreational resource assessment
			 of the parcel(s) for the purpose of determining if the transaction furthers the
			 purposes of OAR
			 629-033-0010  and the goals and objectives of Forest Management Plans. The assessment of
			 biological and wildlife resources on the parcels shall be conducted by a
			 qualified independent third party mutually agreeable to the transaction
			 partners. The Board may consider such assessments in making its determination
			 as to whether the proposed transaction furthers the purposes set out in
			 629-033-0010.
(3) Unless the State Forester determines that
			 the Department's land exchange program could be adversely affected by the
			 disclosure, the Department may publish, as part of the Agenda prepared for the
			 Board prior to a regularly-scheduled meeting, a complete copy of the appraisal
			 of the parcels before final approval of the transaction.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0050 - Mineral Interests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required
			 by OAR
			 141-073-0115  the relinquishment of any mineral rights required in any exchange involving
			 state forest land parcels less than ten acres in size shall be approved by the
			 Division of State Lands.
(2) As
			 required by OAR 141-073-0120 the relinquishment of any mineral rights required
			 in any exchange of mineral rights involving state forest land parcels of ten
			 acres or more shall be approved by the State Land Board.
Stat. Auth.: ORS 526.016(4) & ORS 526.041
Stats. Implemented: ORS 530.010 & ORS
				  530.040
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 33 - STATE FOREST LAND ACQUISITIONS AND EXCHANGES › Section 629-033-0055 - Appeal of Board Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in this section, "Aggrieved Party" means any individual, partnership,
			 corporation, association, governmental subdivision or public or private
			 organization of any character who:
(a) Is
			 adversely affected by a Board decision to approve a land transaction as
			 provided under 629-033-0025(4)  above; and
(b) Provided timely written comments on the
			 proposed transaction to the State Forester or the Board prior to the Board's
			 final approval of the transaction, explaining why the transaction fails to
			 comply with these rules.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 34 - LOG SCALING AGREEMENTS AND SCALING FACILITY REQUIREMENTS › Section 629-034-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				629-034-0005  to
				629-034-0015,
				unless the context requires otherwise:
(1) "Agreement" means a memorandum of
			 understanding, signed by the Forester and TPSO which describes the terms and
			 conditions for TPSO scaling of state log loads.
(2) "Forester" means the State Forester or an
			 authorized representative.
(3) "Log
			 Load" means a group of logs that is transported as a unit. When multiple log
			 loads are transported simultaneously, each will maintain its integrity for
			 accountability.
(4) "Scaling" means
			 the process of measuring and assigning net and gross volumes and grades to
			 logs.
(5) "Scaling Facility" means
			 an area and related improvements that are designed and constructed to allow
			 easy access to log loads for scaling.
(6) "State" means the Oregon State Department
			 of Forestry.
(7) "Third Party
			 Scaling Organization" (TPSO) means an independent business that measures net
			 and gross log volume and assigns grade by the rules adopted by the Northwest
			 Log Rules Advisory Group.
Stat. Auth.: ORS 530
Stats. Implemented: ORS 530.010 & ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 34 - LOG SCALING AGREEMENTS AND SCALING FACILITY REQUIREMENTS › Section 629-034-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to:
(1) Require a TPSO to enter into an agreement
			 with the State before the TPSO is authorized to scale log loads sold under
			 state timber sale contracts;
(2)
			 Outline scaling facility requirements which will promote consistent, accurate
			 scaling of state log loads; and
(3)
			 Protect the interest of the people of Oregon.
Stat. Auth.: ORS 530
Stats. Implemented: ORS 530.010, ORS 530.020 & ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 34 - LOG SCALING AGREEMENTS AND SCALING FACILITY REQUIREMENTS › Section 629-034-0015 - Third Party Scaling Agreement and Scaling Facility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All state logs
			 sold on a scale recovery basis shall be scaled only at approved locations by an
			 authorized TPSO.
(2) In order to be
			 authorized, a TPSO must enter into an agreement, on a form provided by the
			 state, which specifies the manner and conditions under which state logs sold on
			 a scale recovery basis shall be scaled.
(3) The TPSO must scale the logs at a
			 facility which, in the Forester's opinion, meets the following requirements:
(a) The facility has a separate office space
			 for the exclusive use of TPSO scalers and which provides adequate storage and
			 security for state log load information;
(b) The facility provides safe and
			 unobstructed access to the loads being scaled;
(c) The facility has a communication link
			 which provides scalers immediate contact to the local state forestry office;
			 and
(d) The facility provides
			 protection of log and load accountability system.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Active
			 management" means applying practices, over time and across the landscape, to
			 achieve site-specific forest resource goals using an integrated and
			 science-based approach that promotes the compatibility of most forest uses and
			 resources over time and across the landscape.
(2) "Adaptive management" means the process
			 of implementing plans in a scientifically based, systematically structured
			 approach that tests and monitors assumptions and predictions in management
			 plans and uses the resulting information to improve the plans or management
			 practices used to implement them.
(3) "Biological diversity" means the genetic
			 variation and the abundance and variety of microbial, plant, and animal life,
			 the range of ecological functions, and the physical processes at any local or
			 landscape scale.
(4) "Board" means
			 the Oregon Board of Forestry.
(5)
			 "Compatible" or "compatibility" means capable of existing or operating together
			 in harmony.
(6) "District" means a
			 defined geographic area that is an administrative unit of the Department,
			 within which a District Forester manages the Department's programs.
(7) "Forest conditions" means stand types,
			 structures, and landscape patterns.
(8) "Forest lands" means lands acquired under
			 ORS 530.010 to 530.040.
(9) "Forest
			 resources" includes, but is not limited to:
(a) Timber production and harvest;
(b) Salmonid, and other native fish and
			 wildlife habitats;
(c) Soil, air,
			 and water;
(d) Forage and browse
			 for domestic livestock;
(e)
			 Landscape effect;
(f) Protection
			 against flood and erosion;
(g)
			 Recreation;
(h) Mining;
(i) Use of water resources; and
(j) Administrative sites.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0010 - Findings and Principles Concerning Lands Acquired under ORS Chapter 530

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS Chapter 530
			 authorizes the Board of Forestry to acquire forest lands which by reason of
			 their location, topographical, geological, or physical characteristics are
			 chiefly valuable for:
(a) Production of forest
			 crops;
(b) Watershed protection and
			 development;
(c) Erosion
			 control;
(d) Grazing;
(e) Recreation;
(f) Forest administrative purposes.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0020 - Greatest Permanent Value

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 provided in ORS 530.050, "greatest permanent value" means healthy, productive,
			 and sustainable forest ecosystems that over time and across the landscape
			 provide a full range of social, economic, and environmental benefits to the
			 people of Oregon. These benefits include, but are not limited to:
(a) Sustainable and predictable production of
			 forest products that generate revenues for the benefit of the state, counties,
			 and local taxing districts;
(b)
			 Properly functioning aquatic habitats for salmonids, and other native fish and
			 aquatic life;
(c) Habitats for
			 native wildlife;
(d) Productive
			 soil, and clean air and water;
(e)
			 Protection against floods and erosion; and
(f) Recreation.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0030 - Forest Management Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In managing forest lands as provided in OAR
			 629-035-0020,
			 the State Forester shall develop Forest Management Plans, based on the best
			 available science, that establish the general management framework for the
			 planning area of forest land. The Board may review, modify, or terminate a plan
			 at any time; however the Board shall review the plans no less than every ten
			 years. The State Forester shall develop implementation and operations plans for
			 forest management plans that describe smaller-scale, more specific management
			 activities within the planning area.
(2) Forest Management Plans must contain the
			 following elements:
(a) Guiding principles,
			 that include legal mandates and Board of Forestry policies. Taken together,
			 these principles shall guide development of the management plan.
(b) Description and assessment of the
			 resources on state forest lands within the planning area and consideration of
			 the surrounding ownership in order to provide a landscape context. The
			 description and assessment includes general statements of the current
			 conditions of each of the resources, and the laws, policies, and programs that
			 affect the resources and their management.
(c) Forest resource management goals, which
			 are statements of what the State Forester intends to achieve for each forest
			 resource within the planning area consistent with OAR
			 629-035-0020.
(d) Management strategies, which describe how
			 the State Forester will manage the forest resources in the planning area to
			 achieve the goals articulated in the plan. The strategies shall identify
			 management techniques the State Forester may use to achieve the goals of the
			 plan during the implementation phase of the plan.
(e) General guidelines for asset management,
			 which provide overall direction on investments, marketing, and
			 expenses.
(f) General guidelines
			 for implementation, monitoring, research, and adaptive management. The
			 guidelines shall describe:
(A) The process for
			 implementing Forest Management Plans;
(B) The approach for determining whether the
			 strategies are meeting the goals of the Forest Management Plans; and
(C) The process for determining the validity
			 of the assumptions used in developing the strategies.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0040 - Forest Land Base Designation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following the process described in
			 subsection (2) of this section, all forest land shall be designated either as:
(a) Silviculturally capable of growing forest
			 tree species, as defined by the Forest Practices Reforestation Suitability
			 Standards as established by the Oregon Forest Practices Act (Silviculturally
			 Capable); or
(b) Not capable of
			 such growth (Non-Silviculturally Capable).
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0045 - Forest Land Base Designation Maps

Current through Register Vol. 63, No. 7, July 1, 2024
The forest land designation maps required by OAR
				629-035-0040 are a set of maps entitled "Land Base Designation Map (OAR
				629-035-0040)" consisting of nine consecutively numbered sheets and bearing the date of
				adoption by the Board. The maps are maintained by the State Forester at the
				Oregon Department of Forestry's headquarters in Salem,
				Oregon.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0050 - Forest Land Management Classifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of implementing the plan's
			 forest resource management strategies, the State Forester shall classify all
			 forest lands within the planning area. The classifications must describe:
(a) The types of management that the
			 Department will apply to particular areas of the land base;
(b) The appropriate range of management
			 activities for these areas; and
(c)
			 The forest resource or resources the classification is intended to
			 address.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0060 - Changes to Forest Land Management Classifications

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester may make changes to the district land
				management classification maps as follows:
(1) Minor changes. The District Forester may
			 recommend minor changes to the Area Director for approval. The District
			 Forester may offer a 30-day public comment period prior to making any
			 recommendations and shall forward any public comments with the recommendations
			 to the Area Director for approval.
(2) Major changes. The District Forester may
			 recommend major changes to the Area Director for review and the State Forester
			 for approval. Prior to seeking approval, the district shall offer a 30-day
			 public comment period on the proposed changes. Any public comments received
			 shall be submitted to the State Forester with the request for
			 approval.
(3) As used in this
			 section:
(a) "Minor change" means:
(A) Any change in Land Management
			 Classification that affects 160 acres or less, and involves land classification
			 within, but not across, the Land Base Designation classes of Silviculturally
			 Capable or Non-Silviculturally Capable; or
(B) Any change that affects ten acres or less
			 involving land classification changes across the Land Base Designation classes
			 of Silviculturally Capable or Non-Silviculturally Capable, and the District
			 Forester determines this change is not likely to substantially affect the
			 management of forest resources.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0070 - Forest Land Exchanges and Acquisitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The District Forester shall recommend an
			 amendment to the district land designations and management classifications of
			 state-owned forest lands under OAR
			 629-035-0040  to
			 629-035-0050  when lands are added to or removed from the district land base.
(2) The District Forester shall provide a
			 30-day public comment period on the proposed amendments.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS 530.010 - ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0080 - Public Involvement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 goals for public involvement in forest land planning are:
(a) To seek insight, opinions, and data on
			 planned management actions on state-owned forest lands.
(b) To build understanding, acceptance, and
			 support for the forest resource management planning processes and
			 decisions.
(c) To offer information
			 to the public about forest systems and forest stewardship.
(d) To provide the public with meaningful
			 opportunities to comment and affect planning decisions at a time when public
			 involvement can contribute positively to the planning decisions under
			 consideration.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0090 - Consultation with Forest Trust Land Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS 526.156(3), the Forest Trust Land Advisory
				Committee shall advise the Board and the State Forester on the management of
				lands subject to the provisions of 530.010 to 530.170, and on other matters in
				which counties may have a responsibility pertaining to forest land. The Board
				and the State Forester shall consult with the committee with regard to such
				matters.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS
				  526.156(3)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0100 - Existing Long Range Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board considers long range plans approved by the Board prior to the effective
			 date of these rules to be consistent with OAR
			 629-035-0010  to
			 629-035-0090  and directs the State Forester to manage the forest lands covered by the plans
			 according to those plans until the plan is modified or a new plan is adopted.
			 Any modification of existing plans or any new plan shall be adopted in
			 accordance with the provisions of
			 629-035-0010  to
			 629-035-0090.
(2) Initial forest land base designations and
			 management classifications developed pursuant to OAR
			 629-035-0040  through
			 629-035-0055  must be submitted to the State Forester for approval within one year of the
			 adoption of an amended or new Forest Management Plan.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS 530.010 - ORS
				  530.050
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0105 - Adopted Forest Management Plan Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following forest management plan
			 documents have been adopted and incorporated by reference into this division:
(a) Northwest Oregon State Forests Management
			 Plan, Revised Plan, April 2010;
(b)
			 Southwest Oregon State Forest Management Plan, Revised Plan, April 2010;
			 and
(c) Elliott State Forest
			 Management Plan, November 2011, effective January 1, 2012.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 35 - MANAGEMENT OF STATE FOREST LANDS › Section 629-035-0110 - Management of Common School Fund Lands

Current through Register Vol. 63, No. 7, July 1, 2024
Common School Fund Lands managed by the State Forester under an
				agreement with the State Land Board shall be managed consistent with OAR
				629-035-0030 through
				629-035-0100 if the Agreement or the State Land Board so directs.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS 530.490 - ORS
				  530.500
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0010 - Actual Cost Formulas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the
			 event that a fire burns over forest land which includes both grazing land and
			 timberland, the actual cost for grazing land and timberland shall be determined
			 in accordance with the following formulas:
(a) Ratio of fire fighting costs applicable
			 to grazing land:
C(g) =
(G-D) x A1
(T-E) x A2 + (G-D) x A1
(b) Ratio of fire fighting costs applicable
			 to timberland: C(t) = 1.00 - C(g);
(c) Total cost of fire suppression: C = C x
			 C(g) + C x C(t).
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0020 - Cost Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
The annual cost of fire protection provided by the Forester for
				forest land within any forest protection district, as designated in ORS
				477.230 and
				477.285, shall not include any
				of the following:
(1) That part of any
			 salary or wage which is in excess of an amount paid for comparable positions in
			 the State of Oregon civil service classification, and for purposes of
			 determining a salary or wage lodging and utilities furnished without charge to
			 the employee will be included therein; the expense for oil, gas, electricity,
			 or other fuel used for heating a residence occupied by a regular
			 employee.
(2) Any capital outlay
			 purchases not provided for in the budget; Oregon forest fire association dues
			 and expenses incurred in attending functions and activities of Oregon Forest
			 Protection Association; memberships in service clubs or like organizations;
			 subscriptions to trade journals or magazines; insurance premiums covering
			 liability of forest protective association members; and automobile collision
			 insurance less than $100 deductible, if the fire protection district maintains
			 a full-time automotive shop.
(3) In
			 no event secretarial and clerical services of any kind, when such services are
			 in addition to salaries and wages paid for such services, with exception only
			 for fees charged for the annual audit of the forest protection district books
			 and accounts.
(4) Fire prevention
			 or other services for certain landowners, when such services are not equally
			 available to all other landowners within the forest protection district;
			 provided, however, such services are within the purposes of ORS
			 477.205 to
			 477.291.
(5) Any activity or expenditures not directly
			 contributing to the prevention and suppression of fire on forest land in the
			 forest protection district involved.
(6) It is the purpose of the above-cited
			 limitations and restrictions to set forth examples. The list of limitations and
			 restrictions is not fully complete, but will act as a guide and standard for
			 the administrator in determining the cost of forest protection for forest lands
			 within a fire protection district.
Stat. Auth.: ORS 183 & ORS 526
Stats. Implemented: ORS
				  477.230 - ORS
				  477.291
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0035 - Appeals and Hearings Before the State Board of Forestry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any request of
			 an owner of grazing land or timberland to appeal a forest protection district
			 budget to the State Board of Forestry under ORS
			 477.260(1) must
			 be made in writing, to the State Forester, and must be received within 30 days
			 after the date of the public budget meeting for the forest protection
			 district.
(2) In the written appeal
			 in section (1) of this rule, the owner must specifically state the issues with
			 the proposed forest protection district budget and the remedy sought.
(3) Upon receipt of a written appeal of a
			 proposed forest protection district budget, the forester shall:
(a) Inform the owner/appellant of the time
			 and place the board will discuss and decide final approval of the district
			 protection budget, pursuant to ORS
			 477.265;
(b) Ensure all written materials provided by
			 the owner/appellant are distributed to board members for their
			 consideration;
(c) Inform the
			 owner/appellant whether there will be an opportunity for further oral or
			 written comment to the board before its decision; and
(d) Inform the president of the appropriate
			 forest protective association and the chair of the appropriate advisory budget
			 committee appointed under ORS
			 477.240 about the budget appeal,
			 the time and place the board will discuss and decide final approval of the
			 district protection budget, and whether there will be an opportunity for
			 further oral or written comment to the board before its decision.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0100 - Procedures for Contracts, Agreements and Renewals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 477.406(2), all
			 agreements entered into by the forester or by a forest protective association,
			 with each other, with a federal or state agency, political subdivision,
			 corporation, responsible organization or responsible landowner or group of
			 landowners for the prevention and suppression of fire shall be negotiated in
			 accordance with the requirements and limitations of ORS
			 477.406 to
			 477.412 and this rule.
(2) All negotiations for contracts or
			 agreements pursuant to section (1) of this rule shall be:
(a) Limited to matters provided in ORS
			 477.406(1).
(b) Conducted by representatives authorized
			 to act on behalf of their organization, where applicable, and that are
			 knowledgeable in wildland fire protection systems or a relevant specialty
			 addressed in the contract or agreement.
(c) Conducted in good faith with the
			 intention of maintaining a complete and coordinated forest protection system
			 for the State of Oregon that is effective in carrying out the policies of ORS
			 Chapter 477 and is economically efficient.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0200 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224, the Department of
				Forestry adopts by reference OAR 137-005-0052  as promulgated by the Attorney
				General effective as of November 13, 2018.
Forms referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  526.016 & ORS
				  526.041
Statutes/Other Implemented: ORS
				  36.220-36.238 & ORS
				  183.341
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0500 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 629-041-0500  to 629-041-0575  is to set forth
				the boundaries of Forest Protection Districts, pursuant to ORS
				477.225, and thereby identify
				the lands to which the applicable duties, requirements and penalties of ORS
				chapter 477 and 526 shall apply.
Stat. Auth.: ORS
				  477.225
Stats. Implemented: ORS
				  477.225
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0505 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 set forth in ORS 477.001 and OAR 629-041-0005  shall apply to 629-041-0500  to 629-041-0575, unless the context otherwise
			 requires.
(2) The following words
			 and phrases, when used in OAR 629-041-0500  to 629-041-0575, shall mean the
			 following, unless the context otherwise requires:
(a) "Channel" means the water course through
			 which a stream flows at ordinary low flow.
(b) "Line of ordinary high water" means the
			 line on the bank or shore to which the high water level of a body of water
			 ordinarily rises annually in season.
(c) "Line of ordinary low water" means the
			 line on the bank or shore to which the low water level of a body of water
			 ordinarily recedes annually in season.
(d) "Ocean shore" means the land lying
			 between extreme low tide of the Pacific Ocean and the line of vegetation as
			 established and described by ORS
			 390.770.
(e) The words "east," "north," "south" and
			 "west" mean a straight line in or close to the cardinal direction indicated and
			 which is along a public survey line or other identified feature.
(f) The words "easterly," "northerly,"
			 "southerly" and "westerly" mean a straight and/or a curved line in the general
			 direction indicated and which is along a identified feature.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0510 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 477.225, district boundaries may
			 be changed only after a public hearing. A public hearing conducted for the
			 purposes of amending OAR 629-041-0500  to 629-041-0575  shall be deemed to be the
			 hearing required by ORS
			 477.225.
(2) District boundaries set forth in OAR
			 629-041-0500  to 629-041-0575:
(a) Lie within
			 the area surveyed from the Willamette Baseline and the Willamette
			 Meridian.
(b) Define the exterior
			 boundary of the district.
(c)
			 Progress in a clockwise direction around the district.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0525 - Coos Forest Protection District Boundary

Current through Register Vol. 63, No. 7, July 1, 2024
The boundary of the Coos Forest Protection District is as
				follows: Beginning at the point where the southern boundary of Oregon, as set
				forth in ORS 201.005, and the ocean shore
				line of vegetation, as set forth in ORS
				390.770, intersect, in or near
				section 26, township 41 south, range 13 west, Curry County; thence northerly on
				the ocean shore line of vegetation, as set forth in ORS
				390.770, to the common boundary
				of Douglas County and Lane County, as set forth in ORS
				201.100 and
				201.200, in or near section 5,
				township 20 south, range 12 west, Douglas County; thence easterly on the common
				boundary of Douglas County and Lane County, as set forth in ORS
				201.100 and
				201.200, to the northeast corner
				of the southeast quarter of section 1, township 20 south, range 11 west,
				Douglas County; thence south to the northeast corner of section 25, township 21
				south, range 11 west, Douglas County; thence east to the northeast corner of
				section 25, township 21 south, range 10 west, Douglas County; thence north to
				the northwest corner of section 19, township 21 south, range 9 west, Douglas
				County; thence east to the northeast corner of section 24, township 21 south,
				range 9 west, Douglas County; thence south on the common line of township 8
				west and township 9 west to the boundary of the Southwest Oregon Forest
				Protection District, as set forth in OAR 629-041-0560, in or near section 36,
				township 31 south, range 9 west, Douglas County; thence westerly and southerly
				on the boundary of the Southwest Oregon Forest Protection District, as set
				forth in OAR 629-041-0560, to the southern boundary of Oregon, as set forth in
				ORS 201.005, in or near section 13,
				township 41 south, range 10 west, Curry County; thence westerly on the southern
				boundary of Oregon, as set forth in ORS
				201.005, to the point of
				beginning.
Stat. Auth.: ORS
				  477.225
Stats. Implemented: ORS
				  477.225
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 41 - PROTECTION ADMINISTRATION › Section 629-041-0565 - Walker Range Forest Protection District Boundary

Current through Register Vol. 63, No. 7, July 1, 2024
The boundary of the Walker Range Forest Protection District is
				as follows: Beginning at the point where the boundaries of Deschutes County,
				Klamath County and Lane County, as set forth in ORS
				201.090,
				201.180 and
				201.200, intersect, in or near
				section 34, township 22 south, range 6 east, Deschutes County; thence easterly
				and southerly on the boundary of the Deschutes Unit of the Central Oregon
				Forest Protection District, as set forth in OAR 629-041-0515(2), to the
				northeast corner of section 17, township 25 south, range 13 east, Lake County;
				thence south to the southeast corner of the northeast quarter of section 17,
				township 25 south, range 13 east, Lake County; thence west to the southeast
				corner of the northwest quarter of section 17, township 25 south, range 13
				east, Lake County; thence south to the southeast corner of the northwest
				quarter of section 29, township 25 south, range 13 east, Lake County; thence
				west to the southeast corner of the northeast corner of section 30, township 25
				south, range 13 east, Lake County; thence south to the southeast corner of
				section 31, township 25 south, range 13 east; Lake County; thence east to the
				centerline of Oregon Highway 31, in or near section 4, township 26 south, range
				13 east, Lake County; thence southerly on the centerline of Oregon Highway 31
				to the common line of section 3 and section 4, township 26 south, range 13
				east; Lake County; thence south to the southeast corner of section 4, township
				27 south, range 13 east, Lake County; thence westerly on the boundary of the
				Klamath-Lake Forest Protection District, as set forth in OAR 629-041-0540, to
				the boundary of the Douglas Forest Protection District, as set forth in OAR
				629-041-0530, in or near section 34, township 26 south, range 6 1/2 east,
				Klamath County; thence northerly on the boundary of the Douglas Forest
				Protection District, as set forth in OAR 629-041-0530, to the boundary of Lane
				County, as set forth in ORS
				201.200, in or near section 4,
				township 25 south, range 5 1/2 east, Klamath County; thence northerly on the
				common boundary of Klamath County and Lane County, as set forth in ORS
				201.180 and
				201.200, to the point of
				beginning..
Stat. Auth.: ORS
				  477.225
Stats. Implemented: ORS
				  477.225
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-0005 - Forest Protection Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				477.210(2), a
				forest protection plan filed by a owner of forestland shall include the
				following information, before consideration of approval by the Oregon Board of
				Forestry:
(1) A complete legal
			 description of the forestland to be protected.
(2) A map, with scale of two inches to the
			 mile, revealing section, township and range lines of the forestland involved,
			 and showing thereon roads, streams, trails, structures, fuel types and the
			 location of protection facilities for such land.
(3) A general description of the land
			 management activities to be conducted on the forestland.
(4) The name, address and telephone number of
			 the person who is in charge of forest protection on the forestland to be
			 protected and who is obligated to carry out the provisions of a approved forest
			 protection plan.
(5) A complete
			 description of the methods to be used for the prevention of fire on the
			 forestland to be protected.
(6) A
			 complete description of the systems and methods to be used for the timely
			 discovery and reporting of any and all fires originating on or spreading to the
			 forestland to be protected.
(7) A
			 complete description of the procedure to be used for notifying the forester, in
			 the event of any fire on the forestland to be protected.
(8) A complete description of the personnel
			 resources available for fire suppression, including personnel for initial
			 attack activities, personnel for extended attack activities and personnel for
			 support and logistics activities.
(9) A complete description of the training
			 standards and requirements for the personnel resources described in subsections
			 (4) and (8) of this rule.
(10) A
			 complete description of the type, location and amount of fire fighting
			 equipment in serviceable condition, including but not limited to shovels, hoes,
			 axes, backpack pumps, fire hose, engines, water tenders, portable tanks,
			 portable pumps, dozers, communications, aircraft and equipment for the
			 transportation of men and equipment to be used for initial attack activities,
			 extended attack activities and for support and logistics activities.
(11) A complete description of the systems,
			 methods and guiding strategies to be used for the timely suppression of fire on
			 or spreading from the forestland to be protected.
(12) A certification that the Incident
			 Command System will be used to manage fire suppression activities on the
			 forestland involved.
(13) The
			 signature of each owner of the forestland to be protected, together with their
			 address and telephone number.
Stat. Auth.: ORS 526.016 & ORS 526.041
Stats. Implemented: ORS
				  477.210
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-0100 - Liability of Forestland Owner or Operator; Further Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 477.120(6), "if
			 a fire originates while an operation is in progress, there is a presumption,
			 under ORS 40.120, that the fire originated
			 as a result of the operation." "Operation in progress" as defined by
			 477.001(19)
			 means "that time when workers are on an operation area for the purpose of an
			 operation, including the period of time when fire watches are required to be on
			 the operation area pursuant to
			 477.665." "Operation area" is
			 defined by 477.001(18) to
			 mean "the area on which an operation is being conducted and the area on which
			 operation activity may have resulted in the ignition of a fire."
(2) When determining whether the presumption
			 in ORS 477.120(6)
			 applies, the forester must determine whether the fire origin was on an
			 operation area. In doing so, the forester may:
(a) Include any area where an ignition source
			 of any type connected with the operation activity could reasonably be
			 determined to reach flammable material, such as:
(A) On or adjacent to the area specifically
			 described in the notice of operation required in ORS 527.670 or the permit to
			 operate power driven machinery required in ORS
			 477.625, regardless of
			 ownership; or
(B) On an area,
			 regardless of whether a notice of operation or application for a permit to
			 operate power driven machinery was properly submitted, that is:
(i) Within or adjacent to the timber cutting
			 boundary of a harvest unit or road construction project or within or adjacent
			 to the area of other planned operation activity;
(ii) Within or adjacent to where power driven
			 machinery has been operated;
(iii)
			 Within or adjacent to where workers have worked, traversed to access their
			 work, traversed to return to their transports or taken breaks;
(iv) Within or adjacent to where logging
			 lines, rigging, carriages or blocks have been operated; or
(v) Where vehicles connected with the
			 operation activity have been operated over or adjacent to flammable materials,
			 such as a turnaround, trail or road that is within the area of planned
			 operation activity.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 629-042-1005  to 629-042-1070  is to set forth
				the standards, requirements, and procedures by which the Certified Burn Manager
				program will be operated, pursuant to ORS
				526.360(3).
Statutory/Other Authority: ORS
				  526.360
Statutes/Other Implemented: ORS
				  526.016 &
				  526.041