reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0060 - Limitations and Classification by the State Forester

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS 526.340, the State
			 Forester may identify and classify forestland in a county, consistent with ORS
			 526.324 and 526.328, if:
(a) The governing
			 body of a county has failed to establish a committee within two years after the
			 State Forester made a request for such establishment pursuant to ORS
			 526.310(1);
(b) A committee failed
			 to adopt and file a final classification, pursuant to ORS 526.328, within five
			 years after the committee was first established; or
(c) A committee failed to act in a manner
			 consistent with ORS 526.310 to 526.328.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0065 - Length of Committee Member Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The amendments to ORS 526.310(2), which become effective
				January 1, 2010, establish a four-year term for members of forestland
				classification committees, in the absence of other direction from the
				appointing authority. Unless otherwise provided for by the appointing
				authority, a committee member serving on January 1, 2010 may not serve more
				than four years after that date unless the member is reappointed. If a member
				is reappointed after January 1, 2010, the term of the reappointed member shall
				be four years, unless the appointing authority provides
				otherwise.
Stat. Auth.: ORS 526.041, Sec. 11, Ch. 69 OL 2009
Stats. Implemented: ORS
				  477.205,
				  477.230, 526.305 -
				  526.370
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-1025 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 477.490, ORS
				  526.016
Statutes/Other Implemented: ORS
				  477.490
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 46 - LOG BRANDS › Section 629-046-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words and phrases shall mean the following,
				unless the context otherwise requires:
(1) "Booming Equipment" includes boom
			 sticks.
(2) "Brand" means an
			 identifying mark upon forest products or booming equipment, as provided by rule
			 and regulation of the State Forester; but any brands in use and registered with
			 the Public Utility Commissioner on October 1, 1951, with the exception of those
			 brands enclosed in the letter "C", the use of which is particularly reserved
			 for catch brands, may be continued in use, subject to the other provisions of
			 ORS 532.010 to 532.140.
(3) "Catch
			 Brand" means a mark or brand used by a person as an identifying mark upon
			 forest products and booming equipment previously owned by another.
(4) "Forest Products" means any form,
			 including, but not limited to, logs, poles, and piles into which a fallen tree
			 may be cut before it undergoes manufacturing, but not including peeler
			 cores.
(5) "Highway" means every
			 street, alley, road, highway, and thoroughfare in this state, used by the
			 public or dedicated or appropriated to public use.
(6) "Motor Vehicle" means any self-propelled
			 or motor driven vehicle or any train or combination of vehicles used upon any
			 highway in this state in transporting forest products.
(7) "Railroad" means any self-propelled
			 vehicle or any train or combination of vehicles operating wholly on fixed rails
			 or tracks.
(8) "Waters of This
			 State" includes all bodies of fresh and salt water within the jurisdiction of
			 the state capable of being used for the transportation of forest products, and
			 all rivers and lakes and their tributaries, harbors, bays, sloughs, and
			 marshes.
Stat. Auth.: ORS 526
Stats. Implemented: ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 46 - LOG BRANDS › Section 629-046-0010 - Special Definition "Brand"

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this division, pursuant to authority of OAR
			 629-046-0005, "brand"
			 shall mean an identifying mark upon forest products or booming equipment, which
			 mark shall be at least two inches square.
(2) The mark shall be composed of one or more
			 symbols such as letters, characters, or figures, within or without a single
			 form or outline.
(3) The State
			 Forester will not register any brand which is identical with a registered
			 brand, or which closely resembles a registered brand, or which is designed in a
			 style so as to make recognition difficult or confusing with a registered brand;
			 excepting, however, those brands described in OAR
			 629-046-0005(2).
(4) A metal tag with the name or initial of
			 the owner may be substituted for an impressed or cut brand when branding boom
			 sticks. Such tags are to be registered with the State Forester in the manner
			 prescribed for impressed or cut brands.
Stat. Auth.: ORS 183 & ORS 526
Stats. Implemented: ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 46 - LOG BRANDS › Section 629-046-0015 - Forest Products; Manufacturing

Current through Register Vol. 63, No. 7, July 1, 2024
Under the provisions of ORS 532.010(4), any part of a fallen
				tree which has been processed though a mill, cut into cordwood, stove wood,
				hewn ties, or fence posts shall be excluded from the requirements of ORS
				532.010 to 532.140.
Stat. Auth.: ORS 526
Stats. Implemented: ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 46 - LOG BRANDS › Section 629-046-0020 - Forest Products; Branding Bundles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, a "bundle"
			 shall mean several sticks or pieces of forest products which are bundled
			 together for purposes of handling or transportation.
(2) Forest products which are being
			 transported in a bundle shall be deemed to be one unit. Placing or affixing a
			 brand to such bundle shall be deemed compliance with ORS 532.010 to
			 532.140.
Stat. Auth.: ORS 526
Stats. Implemented: ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 46 - LOG BRANDS › Section 629-046-0025 - Forest Products; Shingle Bolts, Shake Bolts, Stud Logs

Current through Register Vol. 63, No. 7, July 1, 2024
Shingle bolts, shake bolts, eight-foot stud logs, and other
				such forest products shall each be branded in accordance with the provisions of
				ORS 532.010 to 532.140; excepting, however, when being transported directly to
				the place of manufacturing, then, at the option of the owner, such may be
				branded by marking at least four outside units of such bolts, logs, or other
				forest products.
Stat. Auth.: ORS 526
Stats. Implemented: ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 46 - LOG BRANDS › Section 629-046-0030 - Branding; Conspicuous Place

Current through Register Vol. 63, No. 7, July 1, 2024
All brands required by ORS 532.010 to 532.140 shall be marked
				on the forest products and booming equipment in a conspicuous place, which
				place shall be a surface whereon said brand shall be readily visible and
				legible.
Stat. Auth.: ORS 526
Stats. Implemented: ORS
				  530.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 set forth in ORS 477.001shall apply to OAR chapter 629, division 047, unless
			 the context otherwise requires.
(2)
			 The following words and phrases, when used in OAR chapter 629, division 047,
			 shall mean the following unless the context otherwise requires:
(a) "Authorized Fire Warden" means a person
			 who has been designated, a Fire Warden -- Class A or a Fire Warden -- Class B,
			 by the forester after June 9, 1994.
(b) "Bona fide effort" means a good faith
			 attempt to control or extinguish a fire, considering the communication
			 facilities available, the tools available, the water available and the mental
			 and physical condition of the person.
(c) "District Forester" means the person in
			 charge of a district, including Oregon Department of Forestry district
			 foresters and forest protection association district managers and district
			 supervisors.
(d) "Fire Prevention
			 Citation" means a uniform citation issued pursuant to ORS
			 477.980 to
			 477.993 and administrative rules
			 adopted thereunder. Receipt of a Fire Prevention Citation subjects the violator
			 to a fine.
(e) "Fire prevention
			 requirements of ORS Chapter 477" means any of the permit and fire prevention
			 requirements of:
(A) ORS
			 477.510,
			 477.515,
			 477.535,
			 477.540,
			 477.545,
			 477.550,
			 477.565,
			 477.615,
			 477.625,
			 477.635,
			 477.640,
			 477.645,
			 477.650,
			 477.655,
			 477.660,
			 477.665,
			 477.670,
			 477.695,
			 477.710,
			 477.720,
			 477.740; and
(B) Administrative rules adopted pursuant to
			 the statutes listed in subsection (a) of this section; and
(C) Written orders of the forester issued
			 pursuant to the statutes and administrative rules described in subsections (A)
			 and (B) of this section.
(f) "Fire Prevention Warning" means written
			 notice issued to a violator pursuant to OAR chapter 629, division 047. Receipt
			 of a Fire Prevention Warning requires the violator to pay no fine.
(g) "Fire service agency" means fire
			 suppression resources of, or contracted by, the Oregon Department of Forestry,
			 a forest protective association, the U.S. Department of Interior, the U.S.
			 Department of Agriculture, a rangeland fire protection association, a rural
			 fire protection district, a city fire department or a private fire
			 department.
(h) "Serious violation"
			 means a violation that results in a fire which proximately causes human injury,
			 loss of human life, or causes property damage of $10,000 or more.
(i) "Violation" means the circumstance which
			 exists any time a violator fails to comply with the fire prevention
			 requirements of ORS Chapter 477.
(j) "Violator" means the corporation,
			 operator or person subject to ORS Chapter 477 which is responsible for a
			 violation of the fire prevention requirements of ORS Chapter 477.
(k) "Written order" means a written
			 requirement, from the forester, for a specified practice.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0020 - General Policy

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy of the Oregon Department of Forestry to gain
				compliance with the fire prevention requirements of ORS Chapter 477 first
				through education and cooperation, and second through enforcement. Authorized
				fire wardens are to educate forest users on the need for the fire prevention
				requirements of ORS Chapter 477 and to cooperate with the users in formulating
				solutions to compliance problems within the realm of these
				requirements.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.005
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0030 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 629, division 047 is to ensure a
				uniform response by authorized fire wardens to violations. Exceptions to these
				enforcement policies are intended to be few in number and shall be approved in
				writing by the district forester on forms provided by the State Forester for
				that purpose.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.005
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0040 - Basic Enforcement Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a violation is determined to exist, an authorized fire warden shall:
(a) Issue either a Fire Prevention Citation
			 or a Fire Prevention Warning to the violator in accordance with ORS Chapter 477
			 and OAR 629-047-0040  to 629-047-0280.
(A) A
			 Fire Prevention Citation shall be issued if:
(i) A violator has been issued a Fire
			 Prevention Citation or a Fire Prevention Warning for the same violation, in the
			 same district, in the previous 36 months; or
(ii) The enforcement policy for the violation
			 set forth in OAR chapter 629, division 047 requires the issuance of a Fire
			 Prevention Citation.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0050 - Fire Prevention Citation Issuance Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding the requirements of OAR 629-047-0080 to
				629-047-0280, multiple violations of the same fire prevention requirement of
				ORS Chapter 477 on an operation shall be considered a single violation each day
				they continue. Examples:
(1) If five
			 powersaw spark arrester violations are observed, only one Fire Prevention
			 Citation shall be issued each day for powersaw spark arrester
			 violations;
(2) If two powersaw
			 fire extinguisher violations and one powersaw spark arrester violation are
			 observed, only one Fire Prevention Citation shall be issued each day for
			 powersaw fire extinguisher violations, in addition to the issuance of a Fire
			 Prevention Citation or Fire Prevention Warning for the powersaw spark arrester
			 violation.
Stat. Auth.: ORS
				  477.980
Stats. Implemented: ORS
				  477.980 - ORS
				  477.993
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0060 - Fire Prevention Enforcement Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
Only authorized fire wardens who have been designated a Fire
				Warden -- Class A, by the forester on or after the original effective date of
				this rule, may issue a Fire Prevention Warning or a Fire Prevention Citation
				for violations involving the fire prevention requirements of ORS
				477.510,
				477.565,
				477.615,
				477.625,
				477.635,
				477.650,
				477.655,
				477.660,
				477.665,
				477.670, and
				477.695.
Stat. Auth.: ORS
				  477.980
Stats. Implemented: ORS
				  477.980 - ORS
				  477.993
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0070 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district
			 shall maintain records of all violations occurring on and after the effective
			 date of this rule.
(2) For each
			 violation, districts shall record the following minimum information:
(a) Name of violator, as it appears on a
			 driver license or as it appears in records of the Corporation Division of the
			 Secretary of State; and
(b) Date of
			 the violation; and
(c) A
			 description of the violation, including the Oregon Revised Statute number and
			 the Oregon Administrative Rule number; and
(d) Whether a Fire Prevention Citation or a
			 Fire Prevention Warning was issued; and
(e) The serial number of the Fire Prevention
			 Citation or Fire Prevention Warning form.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0090 - Enforcement Policy for ORS 477.510 - Acts Prohibited During Closed Fire Season

Current through Register Vol. 63, No. 7, July 1, 2024
A Fire Prevention Citation shall be issued for all
				violations.
Stat. Auth.: ORS 477 & 526
Stats. Implemented: ORS
				  477.510
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0100 - Enforcement Policy for ORS 477.515 and OAR 629-043-0040 - Burning Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The basic
			 enforcement action set forth in OAR 629-047-0040  shall apply to all
			 violations.
(2) Notwithstanding the
			 requirements of section (1) of this rule, if the violation results in a fire,
			 the following shall apply:
(a) If the fire
			 does not cross a property line and if suppression assistance from a fire
			 service agency is not required, the basic enforcement action set forth in OAR
			 629-047-0040  shall apply.
(b) If
			 the fire crosses a property line or if suppression assistance from a fire
			 service agency is required, a Fire Prevention Citation shall be issued for all
			 violations.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0110 - Enforcement Policy for ORS 477.535, 477.540, 477.545 and 477.550 - Regulated, Permit, Absolute Closures

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.535, ORS
				  477.540, ORS
				  477.545 & ORS
				  477.550
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0120 - Enforcement Policy for ORS 477.565 and OAR 629-043-0005 - Snag Falling

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.565
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0130 - Enforcement Policy for ORS 477.615 and OAR 629-043-0010 - Additional Water Supply

Current through Register Vol. 63, No. 7, July 1, 2024
A Fire Prevention Citation shall be issued for all
				violations.
Stat. Auth.: ORS 477 & 526
Stats. Implemented: ORS
				  477.615
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0150 - Enforcement Policy for ORS 477.625 and OAR 629-043-0026 - Permit to Use Fire or Power-Driven Machinery and Operation Area Fire Prevention

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For ORS
			 477.625 and OAR 629-043-0026(1),
			 a Fire Prevention Citation shall be issued for all violations.
(2) For OAR 629-043-0026(2) to (5), the basic
			 enforcement action set forth in OAR 629-047-0040  shall apply to all
			 violations.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.625
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0160 - Enforcement Policy for ORS 477.635 - Refused, Suspended or Revoked Permit To Use Fire Or Power-Driven Machinery

Current through Register Vol. 63, No. 7, July 1, 2024
A Fire Prevention Citation shall be issued for all
				violations.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.635
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0170 - Enforcement Policy for ORS 477.640 and OAR 629-043-0036 - Powersaws

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS 477 & 526
Stats. Implemented: ORS
				  477.640
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0180 - Enforcement Policy for ORS 477.645 and OAR 629-043-0015 - Spark Arresters

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS
				  477.980
Stats. Implemented: ORS
				  477.980 - ORS
				  477.993
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0190 - Enforcement Policy for ORS 477.650 and OAR 629-043-0020 - Water Supply and Equipment for Stationary Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR
				629-047-0040 shall apply to all violations.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.6750
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0200 - Enforcement Policy for ORS 477.655 and OAR 629-043-0025 - Fire Tools

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS
				  477.980
Stats. Implemented: ORS
				  477.980 - ORS
				  477.993
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0210 - Enforcement Policy for ORS 477.660 - Additional Protection Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS 477 & 526
Stats. Implemented: ORS
				  477.660
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0220 - Enforcement Policy for ORS 477.665 and OAR 629-043-0030 - Watchman

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS
				  477.980
Stats. Implemented: ORS
				  477.980 - ORS
				  477.993
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0230 - Enforcement Policy for ORS 477.670 and OAR 629-043-0070 - Industrial Fire Precaution Levels

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS 477 & 526
Stats. Implemented: ORS
				  477.670
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0250 - Enforcement Policy for ORS 477.695 - Railroad Right-Of-Way

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS 477 & 526
Stats. Implemented: ORS
				  477.695
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0260 - Enforcement Policy for ORS 477.710 - Campfires

Current through Register Vol. 63, No. 7, July 1, 2024
A Fire Prevention Citation shall be issued for all
				violations.
Stat. Auth.: ORS 477 & 526
Stats. Implemented: ORS
				  477.710
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0270 - Enforcement Policy for ORS 477.720 - Accidentally Setting Fire to Forestland

Current through Register Vol. 63, No. 7, July 1, 2024
The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.
Stat. Auth.: ORS
				  477.980
Stats. Implemented: ORS
				  477.980 - ORS
				  477.993
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0280 - Enforcement Policy for ORS 477.740 - Unlawful Use of Fire

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For ORS
			 477.740(1)(a)
			 and ORS 477.740(1)(b),
			 a Fire Prevention Citation shall be issued for all violations.
(2) For ORS
			 477.740(1)(c):
(a) If a bona fide effort was made by the
			 violator, the basic enforcement action set forth in OAR 629-047-0040  shall
			 apply to all violations.
(b) If a
			 bona fide effort was not made by the violator, a Fire Prevention Citation shall
			 be issued for all violations.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 47 - ENFORCEMENT POLICY › Section 629-047-0290 - Enforcement Policy for ORS 477.993(3) - Unauthorized Entry Into a Fire Scene

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Fire
			 Prevention Warning shall be issued for any unauthorized entry into a fire scene
			 secured in accordance with ORS
			 477.365(1)(f),
			 if the violator entered the secured area by accident or
			 unintentionally.
(2) A uniform
			 citation for a Class A Misdemeanor shall be issued and processed for any
			 unauthorized entry into a fire scene secured in accordance with ORS
			 477.365(1)(f),
			 if the violator entered the secured area intentionally or after having been
			 warned to avoid entry.
Stat. Auth:
				  477.980
Stats. Implemented:
				  477.365(1)(f)
				  & 477.993(3)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0001 - Title, Scope and Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 629-048-0001  through 629-048-0500  are
			 known as the Smoke Management rules.
(2) The Smoke Management rules apply to
			 prescribed burning of forest fuels for forest management purposes within any
			 forest protection district in Oregon as described by OAR 629-041-0500  to
			 629-041-0575.
(3) The Smoke
			 Management rules are effective March 1, 2019
Statutory/Other Authority: ORS
				  477.013,
				  477.562,
				  526.016  & 526.041
Statutes/Other Implemented: ORS
				  477.013,
				  477.515  & 477.562
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 477.013 requires the State Forester and the Department of Environmental Quality (DEQ)
			 to approve a plan for managing smoke in areas that they are to designate, for
			 the purpose of maintaining air quality. The plan must designate areas within
			 which all burning must comply with the plan.
(2) The Smoke Management rules are intended
			 to establish the areas required by ORS
			 477.013;
			 describe the objectives of the Smoke Management Plan; establish procedures to
			 be followed in administering prescribed burning; educate the public as to the
			 necessity of prescribed burning and the measures being taken to protect air
			 quality, public health and visibility; and to provide enforceable mechanisms to
			 ensure the requirements of the Smoke Management Plan are met.
(3) The Smoke Management rules, promulgated
			 by the State Forester, together with Department Directive 1-4-1-601,
			 "Operational Guidance for the Oregon Smoke Management Program," shall comprise
			 the Smoke Management Plan upon approval by DEQ and filing with the Secretary of
			 State.
(4) The objectives of the
			 Smoke Management Plan are to:
(a) Minimize
			 smoke emissions resulting from prescribed burning as described by ORS
			 477.552;
(b) Provide maximum opportunity for essential
			 forestland burning;
(c) Protect
			 public health by avoiding intrusions;
(d) Coordinate with other state smoke
			 management programs;
(e) Comply
			 with state and federal air quality and visibility requirements; and
(f) Promote the further development of
			 techniques to minimize or reduce emissions by encouraging cost-effective
			 utilization of forestland biomass, alternatives to burning and emission
			 reduction techniques.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0020 - Necessity of Prescribed Burning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 477.005 declares that the
			 public policy of the State of Oregon is to preserve forests "through the
			 prevention and suppression of forest fires." Prescribed burning is an important
			 tool used to reduce forest fuels, re-introduce fire on the landscape, and has
			 been demonstrated to reduce the potential for a fire to start or reduce its
			 severity. It has also been demonstrated that fire suppression actions are more
			 effective and lower in cost in areas with a recent history of
			 burning.
(2) As a part of the
			 natural ecology of forestlands, wildfire is neither necessarily good nor bad.
			 In fire-dependent ecosystems, frequent wildfire serves to limit spread of
			 subsequent fires. However, there are a number of undesirable characteristics of
			 unplanned, uncontrolled fires. Among these are threats to public safety,
			 destruction of natural resources and property, and the adverse health effects
			 that can occur from breathing a significant amount of fine particulate matter
			 associated with wildfire smoke.
(3)
			 When areas do not experience fire or other means of reducing forest fuels for
			 extended periods, wildfire hazard increases. The likelihood increases if
			 unplanned ignitions occur, through whatever means, the resulting wildfire will
			 burn at greater intensity and be more difficult to suppress.
(4) Because wildfires typically burn during
			 hotter, drier conditions than those usually planned for prescribed fires,
			 forest fuels are more completely consumed, producing more emissions. Also,
			 wildfires often occur during periods of atmospheric stability, trapping smoke
			 close to the ground where it's more likely to impact humans.
(5) Prescribed burning is an important forest
			 management technique in all of Oregon's forests to reduce forest fuels for the
			 purposes of both short term and long term fire prevention and to aid in fire
			 suppression. Prescribed burning is typically conducted when weather conditions
			 allow fine fuels to readily ignite while larger fuels are consumed to a lesser
			 degree than in a wildfire. Resulting emissions are reduced and dissipated
			 quickly, before affecting populated areas.
(6) When forest fuel reduction can be
			 achieved economically without using prescribed burning, that choice is usually
			 favored. Even so, there are often silvicultural or agricultural advantages to
			 prescribed burning such as site preparation, nutrient cycling and reduction of
			 pests and disease that may not be achieved by simply removing the forest fuels.
			 For all these reasons described above, the Legislative Assembly (ORS
			 477.552) and Board of
			 Forestry have found it necessary to maintain prescribed burning as a forest
			 management practice.
Statutory/Other Authority: ORS
				  477.013,
				  477.562,
				  526.016  & 526.04
Statutes/Other Implemented: ORS
				  477.013,
				  477.515  & 477.562
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0021 - Necessity of Safeguarding Public Health

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Excessive smoke, no matter its source,
			 can pose a serious health risk to the public, especially vulnerable
			 populations.
(2) To help minimize
			 the health risks to the public from prescribed burning, the program encourages
			 prescribed burning emissions be minimized and smoke intrusions be
			 avoided.
Statutory/Other Authority: ORS
				  477.013,
				  ORS
				  477.562,
				  ORS
				  526.016  & ORS
				  526.041
Statutes/Other Implemented: ORS
				  477.013,
				  ORS
				  477.515  & ORS
				  477.562
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0100 - Regulated Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All lands
			 classified as "forestland" under ORS 526.305 to 526.370 and all forestland
			 managed by a federal agency regardless of whether or not classified, within a
			 forest protection district, are subject to regulation of prescribed burning
			 pursuant to 477.013. The level of regulation
			 may vary according to specific classification; e.g., Class 1, 2 or 3 forestland
			 as described in 526.305 to 526.370.
(2) Class 1 forestland in western Oregon, and
			 all forestland managed by a federal land management agency statewide, within a
			 forest protection district, is subject to burn registration at least seven days
			 in advance (OAR 629-048-0300), fee administration (629-048-0310), compliance
			 with smoke management forecast instructions (629-048-0230), and reporting of
			 accomplishments (629-048-0320). The forestlands and applicable regulations
			 listed in this section may be referred to as "level 1 regulation."
(3) All other non-federal forestland within a
			 forest protection district, including, but not limited to, private forestlands
			 in eastern Oregon and Class 3 private forestland in western Oregon is subject
			 to burn registration (OAR 629-048-0300) and reporting of accomplishments
			 (629-048-0320) but is not subject to fee administration or compliance with
			 smoke management forecast instructions. The forestlands and applicable
			 regulations listed in this section may be referred to as "level 2
			 regulation."
(4) All prescribed
			 burning on forestland within a forest protection district is subject to
			 suspension of burning by the forester under ORS
			 477.520 due to conditions such
			 as air stagnation or fire danger.
Stat. Auth: ORS
				  477.013,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973), 526.016, 526.041
Stats. Implemented: ORS
				  477.013,
				  477.515,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0110 - Characterization and Response to Smoke Incidents, Smoke Intrusions, and National Ambient Air Quality Standards (NAAQS) Exceedances

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 When investigating or collecting information on smoke incidents or smoke
			 intrusions, the department will attempt to characterize the impact as either a
			 smoke intrusion or a smoke incident as defined in OAR 629-048-0005.
(b) As used in the Smoke Management rules,
			 "smoke intrusion" refers only to ground level prescribed burning smoke that
			 enters an SSRA at particulate matter values defined in OAR
			 629-048-0005(27).
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0120 - Air Quality Maintenance Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When prescribed burning is conducted
			 near, but outside communities or areas designated as SSRAs, the objective of
			 the Smoke Management Plan is to minimize emissions and avoid smoke intrusions
			 into the SSRA.
(2) When prescribed
			 burning is conducted inside an SSRA, the Smoke Management Plan objective is to
			 use best burn practices and prompt mop-up, as appropriate, along with tight
			 parameters for burn-site conditions that are intended to vent the main smoke
			 plume up and out of the SSRA and minimize residual smoke.
(3) In all other instances of prescribed
			 burning it is the intent under the Smoke Management Plan to minimize the amount
			 and duration of smoke that comes in contact with humans where they live, workor
			 gather in public.
(4) The first
			 element in minimizing smoke contact is encouraging forestland owners to burn
			 only those units which cannot otherwise meet forest management objectives in
			 cost- effective alternative ways such as wood or biomass utilization.
(5) When prescribed burning is used, owners
			 are further encouraged to employ the emission reduction techniques described in
			 OAR 629-048-0210  to ensure the least emissions practicable.
(6) In addition to compliance with Smoke
			 Management instructions issued in the daily forecast and compliance with all
			 conditions of the burn permit required under ORS
			 477.515,
			 burn bosses and field administrators are encouraged to closely observe local
			 conditions at the burn site. They should alter or suspend lighting if
			 necessary, and mop-up burns, when appropriate, in a manner that takes into
			 consideration the possible smoke effects from the main smoke plume or
			 significant residual smoke on residences or businesses that may be near the
			 burn site.
Statutory/Other Authority: ORS
				  477.013,
				  477.562,
				  526.016  & 526.041
Statutes/Other Implemented: ORS
				  477.013,
				  477.515  & 477.562
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0130 - Visibility Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is
			 the intent under the Smoke Management Plan to comply with the Oregon Visibility
			 Protection Plan (OAR 340-200-0040, Section 5.2).
(2) It is the intent under the Smoke
			 Management Plan to operate in a manner consistent with the Oregon Regional Haze
			 Plan, including the Enhanced Smoke Management Program (ESMP) criteria contained
			 in the plan, for the purpose of protecting Class I Area visibility. These ESMP
			 criteria include:
(a) Actions to minimize
			 emissions;
(b) Evaluation of smoke
			 dispersion;
(c) Alternatives to
			 fire;
(d) Public notification;
(e) Air quality monitoring;
(f) Surveillance and enforcement;
(g) Program evaluation;
(h) Burn authorization; and
(i) Regional coordination.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0135 - Special Protection Zone Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Special Protection Zones (SPZ) have been established around
				certain communities (see maps located within Department Directive 1-4-1-601,
				"Operational Guidance for the Oregon Smoke Management Program, Appendix 5"
				requiring additional protection from particulates. Any burning in an SPZ,
				during its protection period, must have the approval of the meteorologist.
				These SPZ provisions apply from November 15 through February 15 to the
				following communities which are particulate matter (PM)
				nonattainmentormaintenance areas: Klamath Falls, Medford, Oakridge, and
				Lakeview.
(1) From November 15 through
			 February 15, prescribed burning in the SPZ is allowed on "Green" and "Yellow"
			 woodstove days (see OAR 340-262-0800  and local ordinances for communities
			 listed above) if:
(a) The ODF Smoke
			 Management meteorologist believessmoke impactswill not exceed smoke intrusion
			 levels.
(b) Landowners are
			 responsible for intermittent monitoring for at least three days following
			 ignition to ensure the smoke is not causing an impactthat could exceed smoke
			 intrusion levels.ODF can waive this provision if it believes monitoring is
			 unnecessary on a specific burn unitdue to limited smoke production.
(c) Landowners provide a level of mop-up, as
			 directed by ODF, to minimize smoke impactsto levels below a smoke
			 intrusion.Mop-up shall be included as an element of the burn plan.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0137 - SPZ Contingency Plan Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In the event communities listed in OAR 629-048-0135 exceed the
				24-hour average PM2.5 National Ambient Air Quality Standard value of 35
				micrograms per cubic meterduring the SPZ provision period, and prescribed
				burning is determined to be acontributor using verification methods to include,
				but not limited to ground, aerial, or equipment monitoring, the following
				contingency plan requirements shall be implemented:
(1) The SPZ boundary will be expanded to
			 include the area from which prescribed burning could impact the PM
			 nonattainment or maintenance area. Any boundary change will be jointly agreed
			 to by ODF and DEQ.
(2) SPZ
			 restrictions will apply from November 1 through March 1.
(3) The SPZ for Klamath Falls and Lakeview,
			 as well as all future PM nonattainment or maintenance areas in areas of level 2
			 regulation under the Oregon Smoke Management Plan, shall be subject to burning
			 reporting requirements of Level 1 regulation during the time when the SPZ is in
			 effect.
(4) ODF and DEQ will take
			 adaptive management steps described in OAR 629-048-0110(5).
Language in OAR 629-048-0135  and 0137 was previously in the
				  Department Directive 1-4-1-601 "Operational Guidance for the Oregon Smoke
				  Management Program."
Statutory/Other Authority: ORS
				  477.013,
				  ORS
				  477.562,
				  ORS
				  526.016  & ORS
				  526.041
Statutes/Other Implemented: ORS
				  477.013,
				  ORS
				  477.515  & ORS
				  477.562
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0140 - Smoke Sensitive Receptor Areas

Current through Register Vol. 63, No. 7, July 1, 2024
ASSRA is an area designated by the board, in consultation with
				DEQ, which is provided the highest level of protection under the Smoke
				Management Plan. This is due to its past history of smoke incidents, density of
				population or other special legal status related to visibility such as the
				Columbia River Gorge Scenic Area. The following are SSRAs:
(1) The area within the State of Oregon
			 commonly understood to be the Willamette Valley that:
(a) Lies east of the forest protection
			 district boundaries of the Northwest Oregon, West Oregon and Western Lane
			 Forest Protection Districts, west of the forest protection district boundaries
			 of the North Cascade and South Cascade Forest Protection Districts and north of
			 where the Western Lane and South Cascade Forest Protection Districts come
			 together in southern Lane County (for detailed district boundary descriptions,
			 see OAR 629-041-0500  to 629-041-0575);
(b) Notwithstanding the actual location of
			 the forest protection district boundaries, includes the area within the city
			 limits of the following cities that straddle, or are within but immediately
			 adjoin, the forest protection district boundary:
(A) Carlton;
(B) Corvallis;
(C) Cottage Grove;
(D) Dallas
(E) Eugene;
(F) McMinnville;
(G) Portland;
(H) Sheridan;
(I) Silverton;
(J) Springfield;
(K) St. Helens;
(L) Stayton;
(M) Sublimity;
(N) Veneta;
(O) Willamina; and
(P) Yamhill;
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0150 - Criteria for Future Listing of Smoke Sensitive Receptor Areas

Current through Register Vol. 63, No. 7, July 1, 2024
To ensure continued accomplishment of the Smoke Management Plan
				objectives, additional SSRAs may be listed according to the following
				procedures:
(1) Not more than once per
			 calendar year, the board must consider additional SSRA listings if:
(a) ODF recommends consideration of a
			 community for SSRA listing based on observations of repeated smoke incidents as
			 described in section (5) of this rule;
(b) DEQ recommends consideration of a
			 community for SSRA listing based on evidence of airborne particulate
			 concentrations in the community at levels that make periodic NAAQS exceedances
			 a significant possibility; or
(c)
			 The governing body of a city, or county for an unincorporated area, requests by
			 official action consideration of a community for SSRA listing, and cites the
			 reasons for its request upon:
(A) The
			 occurrence of a smoke incident as described in section (5) of this rule lasting
			 more than four hours; or
(B)
			 Repeated smoke incidents as described in section (5) of this rulein the same
			 calendar year.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0160 - Bear Creek/Rogue River Valley SSRA

Current through Register Vol. 63, No. 7, July 1, 2024
The Bear Creek and Rogue River Valley smoke sensitive receptor
				area listed in OAR 629-048-0140(3)  is defined as beginning at a point
				approximately one mile NE of the town of Eagle Point, Jackson County, Oregon,
				at the NE corner of Section 36, T35S, R1W; thence south along the Willamette
				Meridian to the SE corner of Section 25, T37S, R1W; thence SE to the SE corner
				of Section 9, 39S, R2E; thence SSE to the SE corner of Section 22, T39S, R2E;
				thence south to the SE corner of Section 27, T39S, R2E; thence SW to the SE
				corner of Section 33, T39S, R2E; thence west to the SW corner of Section 31,
				T39S, R2E; thence NW to the NW corner of Section 36, T39S, R1E; thence west to
				the SW corner of Section 26, T39S, R1E; thence NW to the SE corner of Section
				7, T39S, R1E; thence west to the SW corner of Section 12, T39S, R1W; thence NW
				to the SW corner of Section 20, T38S, R1W; thence west to the SW corner of
				Section 24, T38S, R2W; thence NW to the SW corner of Section 4, T38S, R2W;
				thence west to the SW corner of Section 5, T38S, R2W; thence NW to the SW
				corner of Section 31, T37S, R2W; thence north to the Rogue River, thence north
				and east along the Rogue River to the north boundary of Section 32, T35S, R1W;
				thence east to the point of beginning.
Stat. Auth: ORS
				  477.013,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973), 526.016, 526.041
Stats. Implemented: ORS
				  477.013,
				  477.515,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0180 - Communication, Community Response Plans, and Exemption Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ODF Salem
			 headquarters office shall develop and distribute a best-practices communication
			 framework for dissemination through local ODF and federal district offices to
			 their respective local public health authority. The communications framework
			 shall include general information regarding:
(a) The purpose and importance of prescribed
			 burning,
(b) The health risks of
			 wildfire and prescribed fire smoke,
(c) Recommendations for the public and
			 vulnerable populations to reduce their exposure to smoke,
(d) How local officials and the public can
			 find out about current and upcoming prescribed burns planned in their area,
			 and
(e) How residents of an SSRA
			 and other interested persons can get up-to-date information about anticipated
			 smoke impacts in specific SSRAs.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0200 - Alternatives to Burning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 planning forest management prescriptions and particularly final harvests (prior
			 to reforestation), owners are encouraged to use practices that will eliminate
			 or significantly reduce the volume of prescribed burning necessary to meet
			 their management objectives. Some practices to consider include, but are not
			 limited to:
(a) Maximizing the cost-effective
			 use of woody material for manufacture of products;
(b) Where cost-effective, using wood or other
			 biomass for energy production or mulch;
(c) Lopping and scattering limbs and other
			 woody material, or operating heavy machinery over the wood to maximize contact
			 with the soil in order to speed its breakdown; or
(d) Re-arranging woody materials, as
			 necessary to accomplish reforestation through the slash (from a fire prevention
			 standpoint, this may not be desirable in areas of heavy fuel concentrations or
			 where soil moistures are not conducive to breakdown of fuels).
(e) Removing or minimizing large fuel
			 concentrations and heavy fuel loading to minimize smoldering.