reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 set forth in ORS 526.005, ORS
			 477.001, and OAR 629-041-0005  shall apply to OAR Chapter 629, Division 042.
(2) The following words and phrases, when
			 used in OAR Chapter 629, Division 042, shall mean the following:
(a) "Accreditation" means approval from the
			 Forester to conduct and document training required by OAR
			 629-042-1065.
(b) "Certificate"
			 means a Certified Burn Manager certificate issued by the Oregon Department of
			 Forestry pursuant to ORS
			 526.360(3) and
			 OAR 629-042-1015.
(c)
			 "Certification book" means a publication provided by the Forester in which
			 successful training required by OAR 629-042-1025(2)  is documented.
(d) "Certification period" means a period of
			 five years, beginning on the date a certificate is issued.
(e) "Certified Burn Manager" means an
			 individual who has a current and valid certificate.
(f) "Committee" means the Certified Burn
			 Manager Advisory Committee.
(g)
			 "Dangerous or adverse situation" means conditions that are a significant
			 deviation from a prescribed burn plan and resulting or has the potential to
			 result in negative consequences, as determined by the professional judgement of
			 the Forester or a Certified Burn Manager.
(h) "Forestland" is defined by ORS
			 526.005(6).
(i) "Forester" means the State Forester or
			 authorized representative.
(j)
			 "Prescribed burn" and "prescribed burning" means the controlled application of
			 fire, in accordance with the plan required by OAR 629-042-1040(1)  and the
			 conditions of a permit issued pursuant to ORS
			 477.625, to vegetative fuels,
			 under specified environmental conditions, and following appropriate
			 precautionary measures, which is intended to cause the burning to be confined
			 to a predetermined area and accomplish specific land management
			 objectives.
(k) "Prescribed burn
			 plan" is a plan prepared to conduct a prescribed burn, in accordance with OAR
			 629-042-1040(1).
(l) "Successfully
			 completed" and "successful performance" means completion of a training
			 requirement of OAR 629-042-1025, or a test required by OAR 629-042-1030, and
			 which has been properly documented.
(m) "Training provider" means a certified
			 instructor who is accredited to conduct and/or document training required by
			 OAR 629-042-1065.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1010 - Intent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Certified
			 Burn Manager program is intended to provide oversight of training and
			 certification concerning the safe and effective use of prescribed burning and
			 to promote the use of prescribed burning for the purposes outlined in ORS
			 526.360.
(2) Participation in the Certified Burn
			 Manager program is voluntary. The forester may not require or condition the
			 approval of a plan, or the issuance of a burning permit on the presence of a
			 certified burn manager, for any prescribed burning.
(3) Nothing in OAR 629-042-1000  to
			 629-042-1070  is intended to reduce the ability of a District, as defined in ORS
			 477.001(5), to
			 exercise their responsibility to ensure that burning in their jurisdiction is
			 conducted in a safe and lawful manner.
Statutory/Other Authority: ORS
				  526.360
Statutes/Other Implemented: ORS
				  526.016 & ORS
				  526.041
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1015 - Certified Burn Manager certification requirements. Certificates generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certificate
			 shall be issued only to an individual. Entities other than an individual,
			 including but not limited to partnerships, corporations, and limited liability
			 companies, are not eligible for a certificate.
(2) A certificate will authorize the
			 individual to conduct prescribed fires as permitted by the
			 certificate.
(3) The Forester will
			 not issue a certificate prior to the receipt of all documents and fees required
			 by OAR 629-042-1020.
(4) The
			 Forester shall assign a unique identification number to each certificate
			 issued.
(5) A certificate shall be
			 valid for five years unless it is sooner revoked or surrendered.
(6) A certificate may be renewed only after
			 having been valid for at least four years.
(7) A certificate may not be renewed if:
(a) It was revoked pursuant to OAR
			 629-042-1035(2); or
(b) It has been
			 more than six years since it was issued.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1020 - Certified Burn Manager certification requirements. Application procedures

Current through Register Vol. 63, No. 7, July 1, 2024
Individuals applying for a Certified Burn Manager certificate
				shall provide to the State Forester's Representative:
(1) A properly completed certification book
			 showing that the applicant has satisfactorily completed all training required
			 by OAR 629-042-1025  and all tests required by OAR 629-042-1030; and
(2) All fees required by OAR
			 629-042-1070.
Statutory/Other Authority: ORS
				  526.360
Statutes/Other Implemented: ORS
				  526.016 &
				  526.041
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1025 - Certified Burn Manager certification requirements. Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Forester
			 shall provide a certification book. An applicant for a certificate must
			 complete a certification book prior to applying for an initial certificate, or
			 applying for a new certificate if the applicant was issued a certificate which
			 was not renewed pursuant to OAR 629-042-1015(7):
(a) Prior to receiving a certification book,
			 an individual shall submit documentation to the Forester of successful
			 completion of:
(A) Educational training that
			 is provided by an approved training provider or the Forester; and
(B) A test in accordance with OAR
			 629-042-1030  with a passing score.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1030 - Certified Burn Manager certification requirements. Tests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Forester:
(a) Shall provide for the development and
			 administration of all tests required by this rule;
(b) Shall establish a passing score for all
			 tests required by this rule;
(c)
			 May not administer the same test to an individual more frequently than once
			 every 30 calendar days; and
(d) May
			 not prohibit the use of written reference material by individuals taking
			 tests.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1035 - Certified Burn Manager certificate investigation and revocation procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Forester may investigate any reported or observed dangerous or adverse
			 situations for which a Certified Burn Manager has been alleged to be
			 responsible.
(a) Upon the receipt of an
			 allegation under this rule, the Forester may:
(A) Investigate and prepare a written report;
			 or
(B) Direct that a certified
			 wildfire investigator to investigate, prepare a written report and forward it
			 to the Forester for review and approval.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1040 - Certified Burn Manager required actions and activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Certified Burn Manager shall:
(a) Prepare or review a prescribed burn plan
			 prior to ignition of a prescribed burn that they will supervise. The plan shall
			 be prepared in a format approved by the Forester; and
(b) Confirm that the notification required by
			 OAR 629-042-1055(1), to adjacent landowners, has been made, prior to ignition
			 of a prescribed burn that they will supervise; and
(c) Be on site and maintain active
			 supervision of the resources used on any prescribed burn the Certified Burn
			 Manager is supervising during the ignition phase and the initial stages of the
			 mop-up phase.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1045 - Certified Burn Manager prohibited actions and activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Certified Burn Manager may not use a
			 certificate as the authority to supervise prescribed burning unless the burning
			 is conducted pursuant to ORS
			 526.360(1).
(2) A Certified Burn Manager may not
			 terminate their responsibility for a prescribed burn unless:
(a) There is a transfer of responsibility
(A) Immediately to another Certified Burn
			 Manager and documented on a form provided by the Forester; or
(B) To the landowner, in accordance with the
			 criteria established in the prescribed burn plan, and documented on a form
			 provided by the Forester; and
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1055 - Landowner required and prohibited actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A landowner who uses a Certified Burn
			 Manager to supervise a prescribed burn shall:
(a) Make a bona fide attempt to notify all
			 adjacent landowners about the prescribed burn. The attempt must be made in a
			 timely manner, in consideration of the landowner's availability, location, and
			 other applicable considerations. Such notification shall be made not more than
			 90 calendar days prior to ignition of the prescribed burn; and
(b) Provide, prior to ignition of the
			 prescribed burn, a copy of the prescribed burning plan to any landowner
			 notified pursuant to (1)(a) above, who requests a copy.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1060 - Certified Burn Manager Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Certified Burn Manager Advisory
			 Committee shall provide recommendations to the Forester in administering the
			 Certified Burn Manager program as described in ORS
			 526.360(3).
(2) The Certified Burn Manager Advisory
			 Committee shall:
(a) Consist of seven
			 members;
(b) Select a chairperson
			 to coordinate the work of the Committee;
(c) Meet at least twice each calendar
			 year;
(d) Advise the Forester on
			 the administration of the Certified Burn Manager program; and
(e) Conduct reviews of proposed certificate
			 revocation, when requested pursuant to OAR 629-042-1035(4).
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1065 - Training Provider Accreditation, Suspension, and Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A training
			 provider shall obtain accreditation from the Forester prior to conducting or
			 documenting training required by OAR 629-042-1025.
(2) To request accreditation, prospective
			 training providers shall make application to the Forester and sign an
			 accreditation agreement.
(3)
			 Training providers will not be considered accredited until the Forester reviews
			 and approves their application.
(4)
			 Applications shall include, but will not be limited to:
(a) A list of the specific training, either
			 initial, renewal, or both to be provided or documented; and
(b) Evidence the person has had at least two
			 years total experience either teaching adults or working in the area of
			 expertise covered by the specific training to be provided or
			 documented.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 42 - FIRE CONTROL › Section 629-042-1070 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To cover the
			 cost of materials and testing for the Certified Burn Manager program, the
			 application fee for an initial certificate shall be $50.00.
(2) Training providers may charge reasonable
			 fees for the training they provide or document.
Statutory/Other Authority: ORS
				  526.360
Statutes/Other Implemented: ORS
				  526.016 &
				  526.041
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0005 - Snag Falling

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 477.565(1):
(a) Operators must fell all snags which, in
			 the judgment of the forester, constitute a fire hazard, when directed by the
			 forester in written order.
(b) The
			 forester may only require the felling of snags which:
(A) Are necessary to prevent the spread of
			 fire; and
(B) Are over 15 feet in
			 height and within 100 feet distance of a landing.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0015 - Spark Arresters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 477.645, any persons operating
			 an internal combustion engine during fire season, on, or within one-eighth of
			 one mile of a forest protection district, must equip and maintain the engine
			 with a spark arrester, which is;
(a) In good
			 operating condition, and
(b)
			 Listed in the most recent edition of a publication of the National Wildfire
			 Coordinating Group and the U.S.D.A. Forest Service, entitled "Spark Arrester
			 Guide".
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0020 - Water Supply and Equipment for Fire Suppression

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When operating stationary equipment
			 during fire season inside or within one-eighth of one mile of a forest
			 protection district, pursuant to ORS
			 477.650, operators must provide
			 the following water supply and equipment at each location where stationary
			 equipment is operated:
(a) Water supply:
(A) A self-propelled motor vehicle which is
			 equipped with a water tank containing not less than 300 gallons of water; or
(B) A pond, stream, tank, or sump
			 containing not less than 500 gallons of water.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0023 - Additional Water Supply and Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 477.615, operators must provide
			 a self-propelled motor vehicle equipped with a water tank containing not less
			 than 300 gallons of water and that complies with the capacity, pump, hose,
			 nozzle and readiness requirements set forth in OAR 629-043-0020, when directed
			 by the forester in written order.
(2) The forester may, in written order,
			 reduce or waive any requirement of the order issued under this rule if, in the
			 judgment of the forester, the conditions so warrant or to take advantage of
			 alternate methods or equipment proposed by the operator which provide, in the
			 judgment of the forester, equal or better suppression of fire.
Stat. Auth.: ORS
				  477.615
Stats. Implemented: ORS
				  477.615
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0025 - Fire Tools and Fire Extinguishers

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				477.655, during fire season
				inside or within one-eighth of one mile of a forest protection district,
				operators must comply with the following minimum fire tool and fire
				extinguisher requirements:
(1) During
			 an operation in progress, provide at the operation area, or at a location
			 approved by the forester, a tool box that contains a number of firefighting
			 tools equal to or greater than the number of persons working on the operation.
(a) The tool boxes must be clearly identified
			 as containing fire tools;
(b) The
			 tools must only be used for fighting fire.
(c) The tools must include a mix of scraping
			 tools (such as pulaski or hazel hoe), cutting tools (such as pulaski or axe)
			 and shovels; appropriate for building a fire line and throwing dirt.
(d) The above requirements for a tool box and
			 tools to be used exclusively for fire-fighting do not apply if there are four
			 or fewer persons working on the operation and each person has a shovel,
			 suitable for fire-fighting, available for immediate use while working on the
			 operation.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0026 - Operation Area Fire Prevention

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS
			 477.625(1)(a),
			 during a fire season, operators must comply with the following reasonable
			 precautions that, in the judgment of the forester, are necessary to prevent the
			 spread of fire on or from an operation area:
(a) When conducting a cable logging operation
			 during fire season:
(A) Clear the ground of
			 all flammable material (down to mineral soil) for not less than ten feet
			 (radius) slope distance, from the point directly below any block.
(B) Do not permit moving lines to rub on rock
			 or woody material in such a way to cause sparks or sufficient heat that may
			 cause ignition of fire.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0030 - Fire Watch Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant
			 to ORS 477.665, during fire season
			 inside or within one-eighth of one mile of a forest protection district,
			 operators must comply with the following fire watch requirements. A person
			 performing fire watch service must:
(a)
			 Constantly observe the operation area during any breaks (up to three hours) in
			 operation activity and for three hours after the power driven machinery used by
			 the operator has been shut down for the day;
(b) Visually observe all portions of the
			 operation area on which operation activity occurred during the preceding period
			 of activity; and
(c) Be qualified
			 in the use and operation of assigned firefighting equipment and tools; be
			 physically capable of performing assigned fire suppression activities; and be
			 advised of single employee assignment responsibilities (OAR 437-007-1315), when
			 working alone.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0036 - Power Saws

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				477.640, any persons operating a
				power saw during fire season inside or within one-eighth of one mile of a
				forest protection district must comply with the following fire prevention and
				suppression requirements:
(1) A power
			 saw must be equipped and maintained with a spark arrester and other fire
			 prevention equipment that is listed in the most recent edition of a publication
			 of the National Wildfire Coordinating Group and the U.S.D.A Forest Service,
			 entitled "Spark Arrester Guide Volume 2 - Multi-Position Small Engine". Power
			 saws which have been modified from the configuration, as tested and listed in
			 the Spark Arrester Guide, are prohibited from use during fire season.
(2) When using a power saw, the
			 following minimum fire tools and fire suppressants must be immediately
			 available for the prevention and suppression of fire:
(a) One gallon of water or pressurized
			 container of fire suppressant of at least eight ounce capacity; and
(b) One round pointed shovel which has a face
			 not less than 8 inches wide and a handle not less than 26 inches long.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0040 - Burning Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 477.515, holders of permits for
			 burning must:
(a) Before burning, clear the
			 area immediately around and above the burn site of material that may carry
			 fire;
(b) When burning in a barrel
			 or similar container, completely cover the container openings with a screen
			 constructed of not less than 14-gauge wire and that has openings which are no
			 larger than one-fourth inch in diameter;
(c) Not allow the uncontrolled spread of fire
			 away from the permitted burn site;
(d) Not burn on a day when burning has been
			 prohibited by the forester because of increased fire danger or because of air
			 quality conditions;
(e) Not burn
			 without complying with all conditions, hours and dates set forth on the permit;
			 and
(f) Not burn without complying
			 with the open burning prohibitions set forth in OAR 340-264-0050  to
			 340-264-0170.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0050 - Slash Hazard Release

Current through Register Vol. 63, No. 7, July 1, 2024
Under the provisions of ORS
				477.580, the Forester will not
				withhold a release for any fire hazard located west of the summit of the
				Cascade Mountains after a period of seven years, nor withhold a release for any
				fire hazard located east of said summit after a period of five years; said
				periods of time to be determined from the first day of October immediately
				following the creation of the hazard.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.580
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0065 - Payment For Additional Fire Hazard

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 477.580(4),
			 when the forester receives payment from an owner or an operator for a release,
			 the monies received shall be used exclusively in the district wherein the
			 additional fire hazard is located, as follows:
(a) The payment for such release shall be set
			 aside as a reserve for the purpose of providing additional protection, hazard
			 reduction, or actual fire suppression on the additional fire hazard areas
			 involved.
(b) All or portions of
			 such monies shall be credited annually to a dedicated district fund in
			 accordance with an annual district additional fire hazard plan.
(c) Monies which are not expended during a
			 period of seven years shall be credited to the district budget the following
			 year.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0070 - Operation Closedown

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 ORS 477.625(1)(c)
			 and 477.670, operators west of the
			 summit of the Cascade Mountains shall comply with close down requirements which
			 the forester, in written order, has issued.
(2) Pursuant to ORS
			 477.365(1)(h),
			 the forester may, in written order, reduce or waive any requirement of this
			 rule if, in the judgement of the forester, conditions so warrant.
Stat. Auth.: ORS 526.016 & ORS 526.041
Stats. Implemented: ORS
				  477.365, ORS
				  477.625 & ORS
				  477.670
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0076 - Permits To Use Fire Or Power-Driven Machinery

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				477.630, operators or owners
				shall provide the following information that, in the judgement of the forester,
				is necessary for the administration of rules promulgated under ORS chapter
				477:
(1) The name of the county in
			 which the operation area is located.
(2) The name and/or the identifying number of
			 a timber sale to be harvested by the operation.
(3) The telephone number of the
			 operator.
(4) The telephone number
			 of the landowner.
(5) The name,
			 mailing address and telephone number of the timber owner.
(6) A description of the primary activities
			 to be conducted in the operation area.
(7) A description of the primary methods to
			 be used in the operation area.
(8)
			 An estimate of the size of the operation area.
(9) An estimate of the amount of timber to be
			 harvested from the operation area.
(10) The estimated starting date of the
			 operation.
(11) The estimated
			 ending date of the operation.
Stat. Auth.: ORS 526.016 & ORS 526.041
Stats. Implemented: ORS
				  477.630
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 43 - FIRE PREVENTION › Section 629-043-0080 - Additional Fire Hazard

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of sections (1) and (2) of ORS
				477.580, notice of additional
				fire hazard shall be given to the landowner and operator in writing with
				instructions for offsetting or abating such fire hazard. Such notice will
				include one or more options as follows, provided such options are consistent
				with the provisions of 527.610 through 527.730. The Forester will issue a
				release upon successful completion of the instructions for offsetting or
				abating the hazard:
(1) By burning
			 part or all of the slashing to reduce the extra hazard as approved by the
			 Forester.
(2) By altering the fuel
			 loading and arrangement on the site by piling slash, crushing, or otherwise
			 altering the fuel to reduce hazard as approved by the Forester.
(3) By making physical improvements to offset
			 the hazard such as building fire trails, water supply sources, building fuel
			 breaks, compartmentizing the improvement which effectively offsets the fire
			 hazard as approved by the Forester.
(4) By payment to the Forester of a sum of
			 money for extra fire protection for the area if such release is requested by
			 the owner or operator with approval of the owner. Such payment is subject to
			 the provisions of OAR 629-043-0065.
(5) Other hazard offsets as approved by the
			 Forester.
NOTE:
It is intended that physical improvements
				under sections(1), (2), and (3) of this rule shall offset the additional hazard
				created to such a degree that the possibility of spread of fire is sufficiently
				reduced and the ability to control fire sufficiently improved, that extra
				protection for the area is not warranted.
Stat. Auth.: ORS 477 & ORS 526
Stats. Implemented: ORS
				  477.580
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 629-044-1000  to 629-044-1040  is to implement the provisions of ORS
			 477.027 and ORS 477.490.
(2) The purpose of
			 OAR 629-044-1010  to 629-044-1015  is to establish criteria by which the
			 wildland-urban interface shall be identified and classified pursuant to ORS
			 477.027.
(3) The purpose of OAR 629-044-1020  to
			 629-044-1026  is to set forth the criteria by which a statewide wildfire risk
			 map must be developed and maintained pursuant to ORS
			 477.027.
(4) The purpose of OAR 629-044-1030  is to set
			 forth the process for notification to property owners pursuant to ORS
			 477.027.
(5) The purpose of OAR 629-044-1035  is to set
			 forth the process of integrating public input into the statewide wildfire risk
			 map pursuant to ORS
			 477.027.
(6) The purpose of OAR 629-044-1040  is to set
			 forth the process of how a property owner or local government may appeal the
			 assignment of wildfire risk pursuant to ORS
			 477.027.
Statutory/Other Authority: ORS
				  477.015 - 477.027,
				  ORS
				  526.016  & ORS 477.490
Statutes/Other Implemented: ORS
				  477.015 - 477.027  & ORS 477.490
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 set forth in ORS
			 477.001, shall
			 apply.
(2) The following words and
			 phrases, when used in OAR 629-044-1000  to 629-044-1040, shall mean the
			 following:
(a) "Geographical area" means an
			 area of land with similar characteristics that can be considered as a "unit"
			 for the purposes of classification of the wildland-urban interface.
(b) "Hazard rating" is a numerical value
			 describing the likelihood and intensity of a fire, based on specific factors or
			 conditions including weather, climate, topography, and vegetation.
(c) "Intermingles with wildland or vegetative
			 fuels" means a minimum of 50% coverage of wildland or vegetative
			 fuels.
(d) "Meets with wildland or
			 vegetative fuels" means located within a 1.5-mile buffer from the edge of an
			 area greater than 2 square mile with a minimum of 75% cover of wildland or
			 vegetative fuels.
(e) "Occluded
			 geographical area" means an area with a minimum of one structure or other human
			 development per 40-acres within 1.5 miles of an area greater than 1 square mile
			 but less than 2 square miles with a minimum of 75% cover of wildland or
			 vegetative fuels.
(f) "Other human
			 development" means essential facilities, special occupancy structures, or
			 hazardous facilities as defined in ORS
			 455.447 that support community functions, public communication, energy, or
			 transportation.
(g) "Structure"
			 means any building that is at least 400 square feet.
(h) "Unincorporated community" has the
			 meaning provided in OAR Chapter 660, Division 22.
(i) "Urban growth boundary" has the meaning
			 provided in OAR Chapter 660, Division 15.
(j) "Vegetative fuels" means plants that
			 constitute a wildfire hazard.
(k)
			 "Wildland fuels" means natural vegetation that occurs in an area where
			 development is essentially non-existent, including grasslands, brushlands,
			 rangelands, woodlands, timberlands, or wilderness. Wildland fuels are a type of
			 vegetative fuels.
(l) "Wildfire
			 Risk" means the wildfire impacts to values based on scientifically modeled
			 wildfire frequency and wildfire intensity.
(m) "Wildland-Urban Interface" means a
			 geographical area where structures and other human development meets or
			 intermingles with wildland or vegetative fuels.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  477.027
Stats. Implemented: ORS
				  477.025 -- ORS
				  477.057
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1011 - Wildland-Urban Interface Identification Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Wildland-Urban Interface is a
			 geographic area comprised of tax lots, or portions of tax lots that includes an
			 average density of one structure or other human development per 40 acres and
			 either:
(a) meets with wildland or vegetative
			 fuels; or
(b) intermingles with
			 wildland or vegetative fuels; or
(c) is an occluded geographical
			 area.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1015

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  477.027
Stats. Implemented: ORS
				  477.025 - ORS
				  477.057
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1016 - Periodic Wildland-Urban Interface Lands Identification and Classification

Current through Register Vol. 63, No. 7, July 1, 2024
Tax lots identified as Wildland-Urban Interface shall be
				reviewed in conjunction with updates to the statewide wildfire risk map in
				accordance with OAR 629-044-1026.
Statutory/Other Authority: ORS
				  477.015-477.027, ORS
				  526.016  & ORS 477.490
Statutes/Other Implemented: ORS
				  477.015-477.027
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1020

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  477.027
Stats. Implemented: ORS
				  477.025 -
				  477.057
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1021 - Wildfire Risk Classification and Wildfire Hazard Rating

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Wildfire risk classifications are
			 established by a range of wildfire hazard factors that determine a net value
			 change that illustrates likely wildfire consequences. Each net value change
			 range is identified as a wildfire risk class as follows:
(a) No Wildfire Risk. A net value change of
			 zero. Typically characterized as non-burnable areas.
(b) Low Wildfire Risk. A net value change
			 from greater than 0.00 to 0.001911. Typically characterized as having the
			 capacity to generate a wildfire which produces a flame length of less than 4
			 feet, a wildfire that exhibits little to no spotting, torching, or
			 crowning.
(c) Moderate Wildfire
			 Risk. A net value change of greater than 0.001911 to 0.137872. Typically
			 characterized as having the capacity to generate a wildfire which produces a
			 flame length of 4 to 6 feet, and that occasionally exhibits spotting, torching,
			 or crowning.
(d) High Wildfire
			 Risk. A net value change of greater than 0.137872 to 0.522288. Typically
			 characterized as having the capacity to generate a wildfire which produces a
			 flame length of 6 to 8 feet, and frequently exhibits spotting, torching, or
			 crowning.
(e) Extreme Wildfire
			 Risk. A net value change greater than 0.522288. Typically characterized as
			 having the capacity to generate a wildfire which produces a flame length of
			 over 8 feet, and exhibits frequent spotting, torching, or crowning.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  477.027
Stats. Implemented: ORS
				  477.025 - ORS
				  477.057
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1026 - Statewide Wildfire Risk Map

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Oregon State University shall develop and maintain the Statewide Wildfire Risk
			 Map in a publicly accessible format. The map shall be developed:
(a) using current, peer reviewed data sets
			 when calculating wildfire risk;
(b)
			 calculating wildfire risk as a combined hazard rating value incorporating how
			 often wildfires occur and wildfire burn intensity;
(c) utilize fuel loading measured at the time
			 of year when large wildfires generally occur; and
(d) shall include a layer that geospatially
			 displays the locations of socially and economically vulnerable
			 communities.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  477.027
Stats. Implemented: ORS
				  477.025 - ORS
				  477.057
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1031 - Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 Forester shall provide written notice of properties classified as high or
			 extreme wildfire risk.
(2) The
			 written notice shall be sent to the property owner address included in the
			 county assessor records.
(3) The
			 written notice shall include:
(a) the
			 wildfire risk class assignment;
(b)
			 where a map of the property can be found in the publicly accessible mapping
			 portal, including the average wildfire hazard value of the property;
(c) resources available to address wildfire
			 risk;
(d) information regarding
			 what the wildfire risk assignment means for the property owner; and
(e) information about how a property owner
			 may appeal the assignment of wildfire risk class, including the specific
			 elements that may be appealed.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  477.027
Stats. Implemented: ORS
				  477.025 - ORS
				  477.057
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1036 - Locally Developed Wildfire Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following types of locally developed
			 wildfire plans may be integrated into the wildfire risk mapping portal if the
			 local jurisdiction chooses.
(a) Community
			 Wildfire Protection Plans developed under the Healthy Forests Restoration
			 Act;
(b) Natural Hazard Mitigation
			 Plans developed under the Robert T. Stafford Disaster Relief and Emergency
			 Assistance Act; or
(c) Firewise USA
			 Action Plans developed under the Firewise USA Program administered by the
			 National Fire Protection Association.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1040

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  477.027
Stats. Implemented: ORS
				  477.025 - ORS
				  477.057
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1041 - Appeal of Wildfire Risk Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An affected property owner or local
			 government may appeal the assignment of property by submitting an appeal in
			 writing within 60 days of:
(a) The date that
			 the wildfire risk map or update is posted on Oregon Explorer Map Viewer
			 website; or
(b) The date that a
			 correctly addressed notice is deposited with the postal service for mailing to
			 the affected property owner.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1045

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  477.027
Stats. Implemented: ORS
				  477.025 - ORS
				  477.057
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1060

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are available from the
				  agency.
Stat. Auth.: ORS
				  477.059
Stats. Implemented: ORS
				  477.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE › Section 629-044-1090

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  477.059
Stats. Implemented: ORS
				  477.023 & ORS
				  477.059
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 set forth in ORS 477.001,
			 477.205, 526.005, and 526.305 shall apply to OAR 629, division 045, unless the context requires
			 otherwise.
(2) The following words
			 and phrases, when used in OAR 629, division 045, shall mean the following
			 unless the context requires otherwise:
(a)
			 "Actively managed" means that vegetation management activities are conducted on
			 a continuing, annual basis and periodically through a calendar year, as is
			 necessary to accomplish the landowner's objectives.
(b) "Class 1" means timber class, and
			 includes forestland suitable for the production of timber and may include lands
			 on which structures are present.
(c) "Class 2" means timber and grazing class,
			 and includes forestland suitable for joint use for timber production and the
			 grazing of livestock and may include lands on which structures are
			 present.
(d) "Class 3" means
			 agricultural class, and includes forestland suitable for grazing of livestock
			 or other agricultural use and may include lands on which structures are
			 present.
(e) "Forest Patrol
			 Assessment roll" means the assessment roll process and the direct billing
			 process described in ORS
			 477.270(1).
(f) "Locale" means the general geographic
			 area which is contiguous to or which surrounds a specific site.
(g) "Periodically" means at least once every
			 five years.
(h) "Potential" means
			 the ability of a site to grow vegetation, notwithstanding current or past uses
			 of the site nor the current or past presence of structures on the site, and
			 regardless of how the site is zoned or taxed.
(i) "Routinely" means at least once each
			 calendar year.
(j) "USDA" means the
			 United States Department of Agriculture.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0025 - Identification of Forestland by a Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A committee shall periodically identify
			 all lands which meet the following criteria:
(a) Is within the county or counties of its
			 jurisdiction; and
(b) Is a
			 woodland, brushland, timberland, grazing land or clearing that, during any time
			 of the year, contains enough forest growth, slashing or vegetation to
			 constitute, in the judgment of the forester, a fire hazard, regardless of how
			 the land is zoned or taxed. As used in this subsection, "clearing" means any
			 grassland, improved area, lake, meadow, mechanically or manually cleared area,
			 road, rocky area, stream or other similar opening that is surrounded by or
			 contiguous to land described in the first sentence of this subsection
(c) And that has been included in areas
			 classified as forestland under ORS 526.305 to 526.370.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0030 - Classification of Forestland by a Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All lands identified as forestland,
			 pursuant to OAR 629-045-0025, within a forest protection district, shall be
			 classified by a committee as:
(a) Class 1, in
			 accordance with the criteria set forth in section (2) of this rule;
(b) Class 2, in accordance with the criteria
			 set forth in section (3) of this rule; or
(c) Class 3, in accordance with the criteria
			 set forth in section (4) of this rule.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0035 - Classification Requirements and Limitations

Current through Register Vol. 63, No. 7, July 1, 2024
In classifying lands pursuant to OAR 629-045-0030:
(1) A committee may determine potential site
			 productivity:
(a) Directly, by tree growth
			 and stocking measurements made in a locale; or
(b) Indirectly, by using applicable USDA
			 Natural Resources Conservation Service soil survey information, USDA Forest
			 Service plant association guides, Oregon Department of Revenue site class maps,
			 or other information determined by the State Forester to be of comparable
			 quality.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0040 - Mapping Requirements and Boundary Recommendations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On the maps required by ORS 526.324 and
			 526.328, a committee shall set forth the outer boundaries of all forestland
			 classified by the committee pursuant to OAR 629-045-0030  and 629-045-0035.
(a) Natural geographic features, human-made
			 land features, public land survey lines, or political boundary lines shall be
			 used to describe the outer boundaries.
(b) No outer boundaries shall enclose an area
			 of less than 40 acres in size.
(c)
			 No outer boundaries shall extend outside of a forest protection
			 district.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0045 - Community Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 holding the public hearing required by ORS 526.328(1), a committee shall hold
			 one or more community meetings in each county of its jurisdiction.
(2) At a community meeting required by
			 section (1) of this rule, a committee shall:
(a) Present to any interested persons
			 information about its:
(A) Forestland
			 identification process, completed pursuant to ORS 526.320 and OAR 629-045-0025;
			 and
(B) Preliminary classification
			 decision process, completed pursuant to ORS 526.324 and OAR 629-045-0030  and
			 629-045-0035.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 45 - FORESTLAND CLASSIFICATION RULES › Section 629-045-0050 - Formal Written Order Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
A committee shall file the formal written order required by ORS
				526.328(2) with the county clerk(s) within thirty days of its adoption by the
				committee. Any delay in meeting this thirty day requirement shall be promptly
				reported in writing to the State Forester. The State Forester may thereafter
				extend, in writing, the thirty day limitation.
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 629-045-0055 - Limitations and Requirements for Forest Protection District Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The forester
			 shall make adjustments to the forest patrol assessment rolls to give effect to
			 all forestland classification or reclassification decisions made by a
			 committee, pursuant to OAR 629-045-0030  and 629-045-0035, within six months of
			 the date the applicable formal written order was filed with a county clerk
			 pursuant to ORS 526.328(2). Any delay in meeting this six month requirement
			 shall be promptly reported in writing to the State Forester. The State Forester
			 may thereafter extend, in writing, the six month limitation.
(2) Forest patrol assessment rolls shall be
			 continuously maintained to reflect correct information with regard to
			 ownership, acreage, subdivision of lots, lot line adjustments, combination of
			 contiguous lots as provided in ORS
			 477.295, etc., however, neither
			 the forester nor a county assessor is authorized to change the classification
			 of forestland applied to a parcel of land, as filed with the county clerk by a
			 forestland classification committee under ORS 526.328, or by the State Forester
			 under ORS 526.340, except:
(a) As provided in
			 section (1) of this rule;
(b) As
			 necessary to correct obvious or minor administrative errors; or
(c) As necessary to reflect court decisions
			 arising from an appeal made pursuant to ORS 526.332.