Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 605 - PLANNING FOREST OPERATIONS › Section 629-605-0173 - Plans for an Alternate Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Operators must obtain written approval of
			 a plan for an alternate practice from the State Forester before conducting
			 forest practices utilizing protection standards or methods different than those
			 specified in rule or statute.
(2)
			 Plans for an alternate practice must include sufficient information to allow
			 the State Forester to assess the plan to determine that the practices described
			 in the plan will yield results consistent with ORS
			 527.610 to
			 527.770 and administrative rules
			 adopted thereunder.
(3) Plans for
			 alternate practices proposed as part of a written plan required by ORS
			 527.670(3)
			 shall be subject to the hearings provisions of 527.700(3) (Appeals from orders
			 of State Forester hearings procedure; stay of operation); and shall be subject
			 to the provisions of 527.670(10), (11) and (12) (Commencement of operations;
			 when notice and written plan required; appeal of plan) prescribing certain
			 waiting periods and procedures.
(4)
			 An operator must comply with all provisions of an approved plan for an
			 alternate practice.
(5) The
			 following rules require an operator to submit a plan for an alternate practice
			 and obtain approval from the State Forester of the plan before starting the
			 specified practice or operation:
(a)
									629-605-0100(2)(a)  - Waiving or modifying the rules or statutes for a bona fide
			 research project conducted by a federal or state agency, a college or
			 university, or a private landowner;
(b)
									629-605-0100(2)(b)  - Waiving or modifying
			 a specific practice when doing so will result in less environmental damage than
			 if the practice is applied;
(c)
									629-605-0100(2)(c)  - Waiving or modifying a specific practice when doing so
			 will improve soil, water quality, fish habitat, or wildlife habitat;
(d)
									629-605-0100(2)(d)  - Waiving or modifying
			 rules to provide for public safety or to accomplish a land use
			 change;
(e)
									629-605-0100(4)  -
			 Waiving or modifying rules for resource sites when a county has an adopted
			 program under OAR 660-016-0005  and OAR 660-016-0010  that has evaluated the
			 resource sites;
(f)
									629-605-0173(1)
 
			 - Conducting forest practices utilizing protection standards or methods
			 different than those specified in rule or statute;
(g)
									629-605-0175(2)  - Conducting operations
			 that result in a single harvest type 3 unit, or combinations of harvest type 3
			 units, that exceed the contiguous 120 acre limit on a single
			 ownership;
(h)
									629-605-0175(7)  -
			 Waiving the harvest type 3 acreage limitations for conversions or disasters
			 described in ORS 527.740(4);
(i)
									629-605-0180(3)  - Describing reasonable
			 measures to resolve conflicts between an operation and protection of a resource
			 site requiring a written plan under OAR 629-605-0170(5)(a) or (d);
(j)
									629-605-0500  - Modifying the protection
			 requirements for streams, lakes, wetlands and riparian management areas for
			 reasons of forest health or because of hazards to public safety or
			 property;
(k)
									629-610-0020(3)  -
			 Waiving or modifying the reforestation requirements following a stand
			 improvement operation where the residual stand conditions will result in
			 enhanced long-term tree growth;
(l)
									629-610-0020(10)  - Modifying or waiving reforestation stocking levels if the
			 purposes of the reforestation rules will be achieved or for a research project
			 conducted by a public agency or educational institution;
(m)
									629-610-0030(3)  - Utilizing natural
			 reforestation methods when an operation results in a reforestation
			 requirement;
(n)
									629-610-0040(3)  -
			 Extending the time allowed for reforestation when natural reforestation methods
			 are utilized;
(o)
									629-610-0050(2)  -
			 Counting hardwoods to meet more than 20% of the applicable stocking standards
			 when an operation results in a reforestation requirement;
(p)
									629-610-0060(1)  - Counting non-native
			 tree species to meet the applicable stocking standards when an operation
			 results in a reforestation requirement;
(q)
									629-610-0070(1)  - Suspending the
			 reforestation rules for the salvage or conversion of low value forest stands
			 when participating in a forest incentive program;
(r)
									629-610-0090(1)  - Exempting the
			 reforestation requirements for the purpose of developing forestland for a use
			 that is not compatible with the maintenance of forest tree cover;
(s)
									629-610-0100(5)  - Waiving or modifying
			 the reforestation requirements for the purposes of establishing a wildlife food
			 plot.
(t)
									629-615-0300(5)  -
			 Modifying the protection requirements for riparian areas, aquatic areas and
			 wetlands when the need for prescribed burning outweighs the benefits of
			 protecting components required to be left;
(u)
									629-620-0400(7)(d)  - Modifying the
			 protection requirements for aerial application of fungicides or nonbiological
			 insecticides;
(v)
									629-625-0320(3)  -
			 Modifying the culvert sizing requirements of 629-625-320(2)(a) to reduce the
			 height of fills where roads cross wide flood plains;
(w)
									629-643-0100(8)  - Modifying the
			 vegetation retention requirements in the riparian management area along Type F
			 and Type SSBT streams in Western Oregon to allow the removal of trees upslope
			 of roads which pose a safety hazard;
(x)
									629-643-0105(10)  - Modifying the
			 vegetation retention requirements in the riparian management area along Type N
			 streams in Western Oregon to allow the removal of trees upslope of roads which
			 pose a safety hazard;
(y)
									629-643-0120(8)  - Modifying the vegetation retention requirements in the
			 riparian management area along Type F and Type SSBT streams in Eastern Oregon
			 to allow the removal of trees upslope of roads which pose a safety
			 hazard;
(z)
									629-643-0125(8)  -
			 Modifying the vegetation retention requirements in the riparian management are
			 along Type N streams in Eastern Oregon to allow the removal of trees upslope of
			 roads which pose a safety hazard;
(aa)
										629-643-0400(3)  - Utilizing site specific vegetation retention prescriptions
			 for streams and riparian management areas;
(bb)
										629-645-0020(1)  - Utilizing site
			 specific vegetation retention prescriptions for significant wetlands;
(cc)
										629-645-0050(3)  - Modifying the
			 vegetation retention requirements for significant wetlands for reasons of
			 forest health;
(dd)
										629-650-0040(3)
 
			 - Modifying the vegetation retention requirements for lakes for reasons of
			 forest health;
(ee)
										629-665-0020(1)(b)(C)  - Structural or temporal exceptions when proposed forest
			 practices conflict with a resource site;
(ff)
										629-665-0110(3)  - Structural replacement
			 of an osprey site;
(gg)
										629-665-0110(4)  - Temporal exceptions near an osprey site;
(hh)
										629-665-0120(3)  - Structural exceptions
			 of a great blue heron site;
(ii)
										629-665-0120(5)  - Temporal exceptions near a great blue heron
			 site.