reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0700 - Forest Conservation Tax Credit - Deed Restriction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Small
			 Forestland Owner Assistance Office shall provide the small forestland owner
			 with the appropriate deed restriction document for recording with the county
			 where the eligible forest conservation area is located.
(2) After filing the deed restriction, the
			 small forestland owner shall submit documentation of the recording to the Small
			 Forestland Owner Assistance Office.
Statutory/Other Authority: ORS
				  527.710, Section 2(11), Chapter
				  34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon
				  Laws 2022
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0750 - Forest Conservation Tax Credit - Deed Restriction Removal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the small
			 forestland owner, or their estate heirs or devisees, elect to conduct a timber
			 harvest in the forest conservation area for which the forest conservation tax
			 credit has been claimed or otherwise elects to remove the harvest restriction:
(a) The small forestland owner shall notify
			 the Small Forestland Owner Assistance Office in writing that they elect to have
			 the forest conservation tax credit removed.
(b) The small forestland owner shall repay
			 the Department of Revenue any tax credit that has been deducted from their tax
			 liability with interest from the due date of the original return(s) where the
			 tax credit was taken and shall forfeit any unused tax credit. The repayment
			 procedure and interest rate shall be prescribed by the Department of
			 Revenue.
(c) The Small Forestland
			 Owner Assistance Office shall provide the small forestland owner with form(s)
			 to provide evidence that the tax credit has been repaid and to remove the deed
			 restriction from the county records.
(d) The small forestland owner shall notify
			 the Small Forestland Owner Assistance Office in writing and provide
			 documentation that repayment to the Department of Revenue is
			 complete.
(e) The Small Forestland
			 Owner Assistance Office shall verify the original forest conservation area has
			 not been harvested. After verification, the Small Forestland Assistance Office
			 shall modify their records to reflect that there is no longer a restriction on
			 that riparian management area and shall provide the small forestland owner with
			 appropriate documentation to have the deed removed.
(f) The small forestland owner shall be
			 responsible for providing the county with documentation to have the deed
			 restriction removed and for any county recording fees.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 607 - SMALL FORESTLAND OWNER › Section 629-607-0800 - Forest Conservation Tax Credit - Appeal Rights

Current through Register Vol. 63, No. 7, July 1, 2024
A small forestland owner who wishes to appeal a decision made
				by the State Forester regarding the forest conservation tax credit shall use
				the following procedure:
(1) A small
			 forestland owner shall notify the State Forester in writing that they disagree
			 with the decision and explain why they disagree within 90 days of the
			 determination; and
(2) If there is
			 an impasse with the State Forester, the person may write the Small Forestland
			 Owner Assistance Office, within 30 days of the State Forester'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 Small Forestland Owner
			 Assistance Office in accordance with ORS
			 527.700.
Statutory/Other Authority: ORS
				  527.710 & Section 2(11),
				  Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon
				  Laws 2022
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Timely
			 reforestation of forestland is an essential factor in assuring continuous
			 growing and harvesting of forest tree species, considering landowner objectives
			 and consistent with the sound management of timber and other forest resources.
			 Reforestation or other forms of revegetation are also important for the
			 continued productivity and stabilization of soils exposed as a result of
			 operations.
(2) OAR 629-610-0000  through 629-610-0100  shall be known as the reforestation rules.
(3) The purpose of the reforestation rules is
			 to establish standards to ensure the timely replacement and maintenance of free
			 to grow forest tree cover following forest operations at or above stocking
			 levels that will use the tree growth potential of forestlands in
			 Oregon.
(4) The reforestation rules
			 are designed to:
(a) Define forestland subject
			 to reforestation requirements;
(b)
			 Describe the conditions under which reforestation shall be required;
(c) Specify the minimum number of trees per
			 acre;
(d) Specify the maximum time
			 period allowed for establishment of such trees after an operation reduces
			 stocking;
(e) Describe the
			 acceptable species for reforestation;
(f) Describe the conditions under which
			 revegetation shall be required in lieu of reforestation; and
(g) Specify the conditions under which an
			 exemption from the reforestation requirements may be approved.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0010 - Forestlands Suitable for Reforestation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any forestland which is capable of annual
			 wood production of at least 20 cubic feet per acre at culmination of mean
			 annual increment (Cubic Foot Site Class VI or better) shall be subject to the
			 requirements of the reforestation rules.
(2) Potential site productivity is determined
			 directly by tree growth and stocking measurements throughout 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
			 information determined by the State Forester to be of comparable
			 quality.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.745
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0020 - Reforestation Stocking Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The landowner shall increase tree stocking to a level that meets the applicable
			 productivity-based stocking standards described in sections (4), (5) and (6) of
			 this rule within the time limits established by OAR
			 629-610-0040  whenever post-operation free to grow tree stocking in all or a portion of the
			 operation area is below the applicable stocking standards and:
(a) Trees or snags of acceptable species are
			 harvested; or
(b) Free to grow
			 tree stocking is reduced as a result of the operation.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0030 - Natural Reforestation Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Natural reforestation methods may be the
			 best means to meet a variety of resource management objectives on some
			 forestlands. Successful natural reforestation requires careful, flexible,
			 site-specific pre-harvest planning and post-harvest monitoring.
(2) Reforestation may be difficult on Cubic
			 Foot Site Class VI forestlands due to factors such as poor soils, harsh climate
			 and competing vegetation. Reforestation in wetland areas may be difficult
			 because of high water tables, competing vegetation, and inaccessibility.
			 Careful reforestation planning is needed before operations are conducted on
			 these sites. On Cubic Site Class VI forestlands and in wetlands, the use of
			 silvicultural systems that promote natural regeneration and the retention of
			 good quality residual trees after operations often have a higher probability of
			 success than artificial reforestation methods.
(3) When an operation will result in a
			 reforestation requirement and natural reforestation methods are planned, the
			 landowner shall obtain written approval from the State Forester of a plan for
			 an alternate practice which describes how reforestation will be accomplished.
			 Information in the plan shall include:
(a) A
			 description of the seed sources that will be used;
(b) Site preparation and vegetation
			 competition control methods;
(c) An
			 estimate of the time needed to obtain an adequately stocked free to grow
			 stand;
(d) How progress towards
			 natural reforestation will be evaluated; and
(e) Alternative strategies that will be used
			 if natural reforestation does not progress as planned.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0040 - Time Allowed for Reforestation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The time period for compliance with the
			 reforestation rules begins at the completion of the operation or 12 months
			 after tree stocking has been reduced, whichever comes first.
(2) The landowner shall begin reforestation,
			 including any necessary site preparation, within 12 months when reforestation
			 is required.
(3) The landowner
			 shall complete planting or seeding within 24 months unless a plan for an
			 alternate practice for natural reforestation has been approved by the State
			 Forester.
(4) By the end of the
			 sixth full calendar year, the landowner shall have established a free to grow
			 stand of trees which meets or exceeds the minimum stocking level required by
			 OAR
			 629-610-0020.
(5) When natural reforestation methods are
			 planned, the time limits for evidence of successful germination and for
			 establishing a free to grow stand of trees which meets or exceeds the minimum
			 stocking level required for the site shall be established in the approved plan
			 for an alternate practice required for such methods.
(6) If reforestation cannot be accomplished
			 within the specified time due to circumstances determined by the State Forester
			 to be beyond the landowner's control, the State Forester shall extend the time
			 to accomplish reforestation. Such circumstances may include, but are not
			 limited to:
(a) Nursery failure;
(b) Inadequate seedling availability
			 following salvage harvesting;
(c)
			 Extreme drought;
(d) Insect
			 infestation;
(e) State smoke
			 management restrictions on the burning of slash;
(f) Wildfire or disease damage; or
(g) Severe wildlife damage that could not be
			 reasonably anticipated or controlled by the landowner.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0050 - Acceptable Species for Reforestation and Residual Stand Stocking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 Forester shall determine if tree species are acceptable for artificial
			 reforestation, natural reforestation, and as residual seedling, sapling and
			 pole, or larger tree stocking based on all of the following criteria:
(a) The species must be ecologically suited
			 to the planting site;
(b) The
			 species must be capable of producing logs, fiber, or other wood products
			 suitable in size and quality for the production of lumber, sheeting, pulp or
			 other commercial forest products; and
(c) The species must be marketable in the
			 foreseeable future.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0060 - Use of Non-Native Tree Species

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an operation will result in a
			 reforestation requirement, and the landowner intends to plant or seed a tree
			 species not native to the operation area, the landowner shall submit for
			 approval a plan for an alternate practice to the State Forester which describes
			 the tree species and how it will be used to meet the reforestation
			 requirements. Information in the plan must include:
(a) The tree species that will be
			 used;
(b) Evidence that the species
			 is ecologically suited to the planting site;
(c) Evidence that the species is capable of
			 producing commercial forest products that will be marketable in the foreseeable
			 future; and
(d) Available research
			 or field test findings which demonstrate the tree species has been successfully
			 used in reforesting sites similar to the operation area.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0070 - Suspension of the Reforestation Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A landowner must submit to the State
			 Forester a plan for an alternate practice to suspend the reforestation rules
			 for the salvage or conversion of low value forest stands, to establish forest
			 stands that are adequately stocked and free to grow.
(2)
(a) The
			 State Forester may approve the plan for an alternate practice when the harvest
			 area is a conversion of underproducing forestland, or a salvage of forest
			 stands where the merchantable trees are dead or dying due to wildfire, insects,
			 diseases or other factors beyond the landowner's control and the State Forester
			 determines:
(A) The landowner is approved for
			 funding from a forest incentive program, for which the State Forester is the
			 technical advisor; and
(B) The
			 gross harvest revenues will not exceed the total costs of harvest, taxation,
			 and reforestation.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0080 - Revegetation When Reforestation is Not Required

Current through Register Vol. 63, No. 7, July 1, 2024
When reforestation is not required or planned, the landowner
				shall ensure sufficient revegetation of the site to provide continuing soil
				productivity and stabilization within 12 months of the completion of the
				operation. Revegetation required by this rule may be planted or naturally
				established, and shall consist of trees, shrubs, grasses, or forbs suitable for
				soil stabilization and productivity protection. Landowners are encouraged to
				revegetate the operation area with native plants.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.745
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0090 - Exemption from Reforestation for Land Uses Not Compatible with Forest Tree Cover

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A landowner,
			 through a plan for an alternate practice, may request all, or portions of, an
			 operation area be exempted from the reforestation requirements for the purpose
			 of developing forestland for a use that is not compatible with the maintenance
			 of forest tree cover. Approval of a plan for an alternate practice shall be
			 obtained for such an exemption from the State Forester and shall only be
			 granted for the smallest land area necessary to carry out the intended change
			 in land use. Reforestation shall be required on the portions of operation areas
			 not directly involved in the land use change.
(2) In seeking approval of the plan for an
			 alternate practice, the landowner shall provide written documentation to the
			 State Forester which establishes:
(a) The
			 specific portion of the operation area necessary for the proposed change in
			 land use;
(b) The intended change
			 in land use and the incompatibility of the land use with forest tree cover;
(c) The intended change in land
			 use is authorized under local land use and zoning ordinances, and all necessary
			 permits and approvals have been obtained, or will be obtained within 12 months
			 following the reduction in tree stocking; and
(d) The county assessor and local planning
			 department have been notified in writing of the proposed change in land use.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 610 - FOREST PRACTICES REFORESTATION RULES › Section 629-610-0100 - Exemption from Reforestation for Wildlife Food Plots

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of this rule only,
			 "small forestland" means forestland as defined in ORS
			 527.620 that:
(a) Has an owner that owns or holds common
			 ownership interest in at least 10 acres of Oregon forestland but less than
			 5,000 acres of Oregon forestland; and
(b) Constitutes all forestland within a
			 single tax lot and all forestland within contiguous parcels owned or held in
			 common ownership by the owner.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 611 - FOREST PRACTICE AFFORESTATION › Section 629-611-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 629-611-0000  to 629-611-0020  is to implement ORS
			 526.490, providing an incentive
			 for landowners to convert parcels of idle land or land in other uses to
			 commercial forest use.
(2) The
			 provisions of ORS 526.490 shall be called the
			 afforestation incentive and OAR 629-611-0000  to 629-611-0020  shall be known as
			 the afforestation incentive rules.
(3) The afforestation incentive in these
			 rules is a one-time exemption from most tree retention requirements in the
			 forest practice rules as described in section (5) of this rule.
(4) For the purposes of the afforestation
			 incentive rules, "planted" trees means those trees that a landowner establishes
			 as an initial forest stand to qualify for the incentive and includes:
(a) All trees the landowner plants or causes
			 to be planted; and
(b) All
			 naturally established trees that are established within ten years prior to, or
			 following, the date the parcel is certified as qualified for the incentive.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 611 - FOREST PRACTICE AFFORESTATION › Section 629-611-0010 - Qualifications and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 qualify for the afforestation incentive, a parcel or any separate portion
			 thereof must meet all of the following requirements:
(a) It must be at least five contiguous
			 acres.
(b) The State Forester must
			 obtain evidence that, regardless of its use prior to July 1, 1972, from that
			 date until the time of afforestation it has been idle or exclusively in uses
			 other than commercial activities related to the growing and harvesting of
			 forest tree species. Forestland in understocked condition, identified
			 consistent with (c) below, may qualify for the incentive if the stocking was
			 reduced or limited by causes other than a forest operation occurring after July
			 1, 1972.
(c) No acre may be
			 certified as part of an afforestation incentive parcel if, prior to the
			 establishment of a well-stocked, free to grow stand of forest trees, the acre's
			 stocking, if any, was 25 square feet of basal area or more.
(d) Afforestation must have begun on the
			 parcel on or after September 9, 1995, the date ORS 526.490 became
			 effective.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 611 - FOREST PRACTICE AFFORESTATION › Section 629-611-0020 - Fee for Inspection and Certification

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester shall charge a fee to persons requesting
				certification to offset the costs of inspecting parcels and preparing
				certificates. This fee shall be $50 per parcel plus $2 per acre for each acre
				in excess of five acres, to a maximum of $200 per parcel.
Stat. Auth.: ORS 526.490
Stats. Implemented: ORS
				  526.490
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 615 - TREATMENT OF SLASH › Section 629-615-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 629-615-0000  to 0300
			 shall be known as the treatment of slash rules.
(2) For the purposes of these rules,
			 treatment of slash is recognized as a necessary tool for the protection of
			 reproduction and residual stands from the risk of fire, insects, and disease,
			 to prepare the site for future productivity and to minimize the risk of
			 material entering streams. Such treatment may employ the use of mechanical
			 processes, fire, chemical or other means to minimize competitive vegetation and
			 residue from harvesting operations.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715 & ORS
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 615 - TREATMENT OF SLASH › Section 629-615-0100 - Maintenance of Productivity and Related Values

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operators shall plan and conduct forest
			 operations in a manner which will provide adequate consideration to treatment
			 of slash to protect residual stands of timber and reproduction to optimize
			 conditions for reforestation of forest tree species, to maintain productivity
			 of forestland, to maintain forest health, and to maintain air and water quality
			 and fish and wildlife habitat.
(2)
			 Operators shall dispose of or disperse unstable slash accumulations around
			 landings to prevent their entry into streams.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715 &
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 615 - TREATMENT OF SLASH › Section 629-615-0200 - Mechanical Site Preparation Near Waters of the State

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When mechanical site preparation is
			 necessary in riparian management areas or near waters of the state, operators
			 shall conduct the operations in a way that sediment or debris does not enter
			 waters of the state.
(2) When using
			 mechanical site preparation, operators shall provide adequate distance between
			 disturbed soils and waters of the state to filter sediment from run-off
			 water.
(3) Operators shall not use
			 mechanical site preparation in riparian management areas:
(a) On slopes over 35 percent, with the
			 exception of excavator-type equipment used during dry periods; or
(b) On sites with evidence of surface or
			 gully erosion; or
(c) Where
			 exposure or compaction of the subsoil is likely to occur.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 615 - TREATMENT OF SLASH › Section 629-615-0250 - Protection of Soil Productivity During Mechanical Site Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
On land clearing projects where mechanical methods are used,
				operators shall minimize compaction and movement of topsoil to protect soil
				productivity.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 615 - TREATMENT OF SLASH › Section 629-615-0300 - Prescribed Burning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prescribed
			 burning is a tool used to achieve reforestation, maintain forest health,
			 improve wildlife habitat and reduce wildfire hazard. Prescribed burning is to
			 be done consistent with protection of air and water quality, and fish and
			 wildlife habitat. The purpose of this rule is to ensure that necessary
			 prescribed burning is planned and managed to maximize benefits and minimize
			 potential detrimental effects.s
(2)
			 When planning and conducting prescribed burning, operators shall:
(a) Comply with the rules of Oregon's "Smoke
			 Management Plan."
(b) Adequately
			 protect reproduction and residual timber, humus and soil surface.
(c) Consider possible detrimental effects of
			 prescribed burning upon riparian management areas, streams, lakes, wetlands,
			 and water quality, and how these effects can be best minimized.
(d) Lay out the unit and use harvesting
			 methods that minimize detrimental effects to riparian management areas,
			 streams, lakes, wetlands, and water quality during the prescribed burning
			 operation.
(e) Fell and yard the
			 unit to minimize accumulations of slash in channels and within or adjacent to
			 riparian management areas.
(f)
			 Minimize fire intensity and amount of area burned to that necessary to achieve
			 reforestation, forest health, or hazard reduction needs.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 629-620-0000  through
			 629-620-0800  shall be known as the chemical and other petroleum product rules. In addition
			 to the application of chemicals, operators should be aware that certain
			 requirements of these rules also apply to the use of other petroleum products,
			 such as fuel and lubricants, on any forest operation.
(2) Operators are encouraged to voluntarily
			 use integrated pest and vegetation management processes. The use of pesticides
			 is one of a variety of integrated pest management strategies that forest
			 landowners may implement to minimize the impact of forest pests in an
			 environmentally and economically sound manner to meet site specific objectives.
			 When properly used, pesticides and other chemicals can be effective tools in
			 the growing and harvesting of forest tree species.
(3) The purpose of the forest practice
			 chemical and other petroleum product rules is to establish requirements that
			 will ensure:
(a) Chemicals and other
			 petroleum products used on forestland do not occur in the soil, air, or waters
			 of the state in quantities that would be injurious to water quality or to the
			 overall maintenance of terrestrial wildlife or aquatic life; and
(b) The vegetative components of riparian
			 management areas and sensitive resource sites receive protection on herbicide
			 operations consistent with the purposes of the reforestation rules, the
			 requirements of the sensitive resource site rules, and the vegetation retention
			 goals of the water protection rules.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0100 - Preventing, Controlling, and Reporting Leaks and Spills of Chemicals and Other Petroleum Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The operator
			 shall maintain equipment used for transportation, on-site storage, or
			 application of chemicals in a leak proof condition. If there is evidence of
			 chemical leakage, the operator shall suspend the further use of such equipment
			 until the deficiency has been corrected.
(2) Operators shall take adequate precautions
			 to prevent leaks or spills of other petroleum products, such as fuel, motor
			 oil, and hydraulic fluid, from entering the waters of the state.
(3) Operators shall take immediate and
			 appropriate action to stop and contain leaks or spills of chemicals and other
			 petroleum products.
(4) The
			 operator shall immediately report to the State Forester any chemical spills and
			 other petroleum product spills resulting from the operation that enter, or may
			 enter, the waters of the state. Such notification will not exempt the operator
			 from any requirements of other local, state, and federal agencies to report
			 chemical or other petroleum product spills.
Stat. Auth.: ORS 527.715
Stats. Implemented: ORS 527.715 & ORS
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0200 - Protection of Water Quality During Mixing of Chemicals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever water is taken from any stream
			 or water impoundment for use in the mixing of chemicals, the operator shall
			 prevent chemicals from entering the waters of the state by taking at least the
			 following precautions:
(a) Providing an air
			 gap or reservoir between the water source and the mixing tank; and
(b) Using pumps, suction hoses, feed hoses,
			 and check valves that are used only for water.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0300 - Locations of Mixing, Transfer, and Staging Areas for Chemicals and Other Petroleum Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operators
			 shall conduct the following activities only in locations where spillage of
			 chemicals or other petroleum products will not enter the waters of the state:
(a) Mixing chemicals;
(b) Transferring chemicals or other petroleum
			 products between equipment or containers including, but not limited to, fueling
			 of aircraft or heavy equipment;
(c) Cleaning tanks or equipment used during
			 chemical applications;
(d) Landing
			 and staging aircraft.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0400 - Protection of the Waters of the State and Other Resources When Applying Chemicals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 applying chemicals aerially or from the ground, operators shall protect waters
			 of the state and other forest resources by following the requirements of the
			 chemical product label and by meeting the additional protection measures listed
			 in this rule.
(2) When applying
			 herbicides near or within riparian management areas or waters of the state,
			 operators shall maintain vegetation required to be protected by the water
			 protection rules.
(3) Weather
			 conditions such as temperature, relative humidity, wind speed, wind direction,
			 atmospheric temperature inversions, and precipitation may strongly affect the
			 deposition and drift of chemicals during aerial and pressurized, ground-based
			 chemical applications. Operators shall apply chemicals only under weather
			 conditions which will protect non-target forest resources and comply with the
			 product label and the other sections of this rule.
(4) Except where the product label or
			 sections (2), (6), or (7) apply more stringent requirements, when applying
			 chemicals by aircraft, operators shall not directly apply chemicals within 60
			 feet of:
(a) Significant wetlands;
(b) The aquatic areas of Type F, Type SSBT
			 and Type D streams;
(c) The
			 aquatic areas of large lakes;
(d)
			 The aquatic areas of other lakes with fish use; or
(e) Other areas of standing open water larger
			 than one-quarter acre at the time of the application.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0500 - Disposal of Chemical Containers

Current through Register Vol. 63, No. 7, July 1, 2024
Operators shall dispose of chemical containers in accordance
				with the Department of Environmental Quality's disposal requirements. Operators
				may apply flushing solution resulting from cleaning of chemical containers to
				the operation area.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715 & ORS
				  527.765
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0600 - Daily Records of Chemical Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Whenever pesticides are aerially applied
			 or applied using a pressurized, ground-based, broadcast application system on
			 forestland, the operator shall maintain a daily record of application
			 operations which includes:
(a) The legal
			 description of the location of the operation area actually treated with
			 chemicals;
(b) The acreage actually
			 treated with chemicals;
(c) Brand
			 name or EPA registration number of the chemicals used, the carrier used, and
			 the application rate;
(d) Date and
			 time of application;
(e) Air
			 temperature, to be measured within the operation area and recorded at least
			 hourly for aerial applications and at least at the beginning and end of each
			 day's application for ground applications;
(f) Relative humidity, to be measured within
			 the operation area and recorded at least hourly for aerial applications and at
			 least at the beginning and end of each day's application for ground
			 applications;
(g) Wind velocity and
			 direction, to be measured within the operation area and recorded at least
			 hourly for aerial applications and at least at the beginning and end of each
			 day's application for ground applications;
(h) The name of the person making the
			 application, including the contractor's name and pilot's name when applied
			 aerially, or the contractor's name and/or employee's name for ground
			 application.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0700 - Chemical and Other Petroleum Product Rules: Effectiveness Monitoring and Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 cooperation with state agencies, landowners, and other interested parties, the
			 department shall conduct monitoring to evaluate the effectiveness of the
			 chemical and other petroleum product rules. The monitoring shall determine the
			 effectiveness of the rules to meet the goals of the Forest Practices Act and
			 the purposes stated in the rules, as well as their workability and
			 operability.
(2) It is the Board of
			 Forestry's intent that the department and its cooperators place a high priority
			 on assessing the monitoring needs and securing adequate resources to conduct
			 the necessary monitoring. The department shall work with its cooperators and
			 the Legislature to secure the necessary resources, funding and coordination for
			 effective monitoring.
(3) The
			 department shall report to the Board of Forestry annually about current
			 monitoring efforts and, in a timely manner, present findings and
			 recommendations for changes to practices. The Board of Forestry shall consider
			 the findings and recommendations and take appropriate action.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS
				  527.715
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 620 - CHEMICAL AND OTHER PETROLEUM › Section 629-620-0800 - Notification of Community Water System Managers When Applying Chemicals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to ensure that community water system managers are appropriately
			 notified of planned chemical operations so that they can coordinate their
			 monitoring activities with planned operations.
(2) This rule applies to community water
			 systems where the surface water drainage area upstream of their intake is 100
			 square miles or less. The State Forester shall maintain a list of community
			 water systems for which notification is required. A community water system with
			 a drainage area of more than 100 square miles upstream of its intake may
			 request to be added to the list based upon its ability to conduct effective
			 monitoring in the watershed. The list shall be available at department field
			 offices where notifications are submitted.
(3) When chemicals will be aerially applied
			 within 100 feet, or applied from the ground within 50 feet of domestic portions
			 of Type F, Type SSBT or Type D streams, and the water use is by a community
			 water system as designated under section (2) of this rule, the operator shall
			 notify the water system manager of a planned chemical operation at least 15
			 days before the operation commences.
(4) The operator shall provide the following
			 additional information before commencing the operation if requested by the
			 manager of the affected water system at the time of notification required in
			 section (3) above:
(a) The application
			 technology that will be used;
(b)
			 Practices that will be followed to minimize drift toward the stream;
(c) Any monitoring efforts that will be
			 conducted by the landowner; and
(d) The planned time schedule for the
			 application.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 623 - SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY › Section 629-623-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Shallow,
			 rapidly moving landslides may be a public safety risk affected by forest
			 operations. There is a high natural landslide hazard in certain locations. In
			 the short term, forest practices regulations can reduce the risk to people who
			 are present in locations prone to shallow, rapidly moving landslides. In the
			 long term, effective protection of the public can only be achieved through the
			 shared responsibilities of homeowners, road users, forestland owners, and state
			 and local governments to reduce the number of persons living in or driving
			 through locations prone to shallow, rapidly moving landslides during heavy
			 rainfall periods.
(2) OAR
			 629-623-0000  through
			 629-623-0800  shall be known as the shallow, rapidly moving landslide and public safety
			 rules.
(3) The purpose of the
			 shallow, rapidly moving landslides and public safety rules is to reduce the
			 risk of serious bodily injury or death caused by shallow, rapidly moving
			 landslides directly related to forest practices. These rules consider the
			 exposure of the public to these safety risks and include appropriate practices
			 designed to reduce the occurrence, timing, or effects of shallow, rapidly
			 moving landslides.
(4) These rules
			 are based on the best scientific and monitoring information currently
			 available. The department will continue to monitor factors associated with
			 shallow, rapidly moving landslides and also review new research on this issue.
			 The department will recommend rule changes if this new information suggests
			 different forest practices may be appropriate.
Stat. Auth.: ORS 527.710(10)
Stats. Implemented: ORS 527.630(5) & ORS
				  527.714
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 623 - SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY › Section 629-623-0100 - Screening for High Landslide Hazard Locations and Exposed Population

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 Forester will use further review area maps and/or other information to screen
			 proposed operations for high landslide hazard locations that may affect exposed
			 populations. Operators are encouraged to acquire available maps and other
			 information and to conduct their own public safety screening.
(2) Upon notification by the State Forester,
			 operators shall identify portions of the operation that contain high landslide
			 hazard locations and shall also identify structures and paved public roads
			 within further review areas below the operation area.
Stat. Auth.: ORS 527.710(10)
Stats. Implemented: ORS 527.630(5) &
				  527.714
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 623 - SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY › Section 629-623-0200 - Exposure Categories

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 State Forester will verify the information provided by operators in OAR
			 629-623-0100  and use this information to determine the exposure category for the operation.
(2) Exposure Category A includes
			 habitable residences, schools, and other buildings where people are normally
			 present during periods when wet season rain storms are common.
(3) Exposure Category B includes paved public
			 roads averaging over 500 vehicles per day as determined, if possible, during
			 periods when wet season rain storms are common.
(4) Exposure Category C includes barns,
			 outbuildings, recreational dwellings not included in Exposure Category A,
			 low-use public roads, and other constructed facilities where people are not
			 usually present when wet season rain storms are common.
Stat. Auth.: ORS 527.710(10)
Stats. Implemented: ORS 527.630(5) &
				  527.714
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 623 - SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY › Section 629-623-0250 - Shallow, Rapidly Moving Landslide Impact Rating

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Forester will publish technical
			 guidance for evaluating and rating shallow, rapidly moving landslide impact
			 potential for any exposed population. Impact rating factors may include, but
			 are not limited to: the location of the structure or road in relationship to
			 the debris torrent-prone stream or steep slope; channel confinement; channel
			 gradient; channel junction angles; and debris in the channel.
(2) Shallow, rapidly moving landslide impact
			 potential is rated as unlikely, moderate, serious and in limited cases,
			 extreme.
(3) The State Forester may
			 require the landowner to submit a geotechnical determination of shallow,
			 rapidly moving landslide impact rating for the proposed operation.
(4) The impact rating may include the
			 potential for the failure of a structure in the direct path of a rapidly moving
			 landslide resulting in a substantial risk of serious bodily injury or death to
			 the exposed population below that structure.
(5) The State Forester will make the final
			 impact rating.
Stat. Auth.: ORS 527.710(10)
Stats. Implemented: ORS 527.630(5) & ORS
				  527.714
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 623 - SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY › Section 629-623-0300 - Public Safety Risk Levels

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The exposure categories described in OAR 629-623-0200  and the impact rating
			 described in 629-623-0250  are used to determine the downslope public safety
			 risk level and the applicable forest practice rules that apply to the
			 operation, as described in Sections (2) through (10) of this rule.
Substantial downslope public safety risk
(2) For Exposure Category A, substantial
			 downslope public safety risk exists if the impact rating is extreme or
			 serious.
(3) For Exposure Category
			 B, substantial downslope public safety risk exists if the impact rating is
			 extreme and the State Forester informs the operator that these site specific
			 conditions warrant substantial public safety risk practices.
(4) Substantial Downslope Public Safety Risk
			 operations are regulated by OARs 629-623-0400, 629-623-0450, 629-623-0600, and
			 629-623-0700.
Intermediate downslope public safety risk
(5) For Exposure Category A, intermediate
			 downslope public safety risk exists if the impact rating is moderate.
(6) For Exposure Category B, intermediate
			 downslope public safety risk exists if the impact rating is serious.
(7) For Exposure Category C, intermediate
			 downslope public safety risk exists if the impact rating is extreme and the
			 State Forester informs the operator that these site specific conditions warrant
			 intermediate public safety risk practices.
(8) Intermediate Downslope Public Safety Risk
			 operations are regulated by OARs 629-623-0500, 629-623-0550, 629-623-0600,
			 629-623-0700, and 629-630-0500.
Low downslope public safety risk
(9) All other operations not described in
			 sections 2, 3, 5, 6 and 7 of the rule are determined to have low downslope
			 public safety risk.
(10) Low
			 Downslope Public Safety Risk operations are regulated by OAR 629-630-0500 and by
			 OAR 629-625-0000  through 0700 and all other applicable rules.
Applicability of regulations and use of leave trees
(11) As required by ORS
			 195.256(4),
			 forest practice rules shall not apply to risk situations arising solely from
			 the construction of a building permitted under ORS
			 195.260(1)(c).
(12) Leave trees required to comply with
			 timber harvesting rules for shallow, rapidly moving landslides and public
			 safety may also be used to comply with ORS
			 527.676 except those required to
			 be retained in riparian management areas by OAR 629-643-0000  through
			 629-643-0500.
Statutory/Other Authority: ORS
				  527.710(10)
Statutes/Other Implemented: ORS
				  527.630(5)
				  & 527.714
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 623 - SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY › Section 629-623-0400 - Restriction of Timber Harvesting - Substantial Public Safety Risk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operators shall
			 not remove trees from high landslide hazard locations with substantial
			 downslope public safety risk unless a geotechnical report demonstrates to the
			 State Forester that any landslides that might occur will not be directly
			 related to forest practices because of very deep soil or other site-specific
			 conditions. Removal of dead or diseased trees or trees from sites that have
			 already failed is allowed if the operator demonstrates to the State Forester
			 that the operation results in no increased overall downslope public safety
			 risk.
(2) Operators shall leave a
			 sufficient number and arrangement of trees adjacent to high landslide hazard
			 locations to reduce the likelihood of trees retained in these locations blowing
			 down.
Stat. Auth.: ORS 527.710(10)
Stats. Implemented: ORS 527.630(5) &
				  527.714
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 623 - SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY › Section 629-623-0450 - Restriction of Road Construction - Substantial Public Safety Risk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operators shall
			 not construct new roads on high landslide hazard locations or other very steep
			 slopes with substantial downslope public safety risk.
(2) Operators may reconstruct existing roads
			 in high landslide hazard locations when the written plan required by OAR
			 629-623-0700  incorporates site-specific practices as directed by a geotechnical specialist
			 and demonstrates that road reconstruction will reduce landslide
			 hazard.
Stat. Auth.: ORS 527.710(10)
Stats. Implemented: ORS 527.630(5) &
				  527.714
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 623 - SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY › Section 629-623-0500 - Timber Harvesting - Intermediate Public Safety Risk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to manage
			 canopy closure on high landslide hazard locations with intermediate downslope
			 public safety risk.
(2) For
			 harvesting operations that remove all or most of the largest trees, operators
			 shall ensure that no more than half the area of high landslide hazard locations
			 on a single ownership within the drainage or hillslope directly above the
			 affected structure or road are in a 0 to 9 year-old age class or with reduced
			 canopy closure in other age classes;
(3) For thinning or partial cutting
			 operations, operators shall retain a vigorous stand that allows rapid canopy
			 closure.
(4) Landowners shall use
			 reforestation and stand management practices that result in rapid canopy
			 closure.
(5) For timber harvesting
			 operations, landowners shall describe in the written plan required by OAR
			 629-623-0700  how they will manage the high landslide hazard locations on their ownership
			 within the affected drainage or hillslope with intermediate downslope public
			 safety risk.
Stat. Auth.: ORS 527.710(10)
Stats. Implemented: ORS 527.630(5) &
				  527.714