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DEPARTMENT OF FORESTRY









 

DIVISION 605
PLANNING FOREST OPERATIONS

629-605-0100
Compliance
(1) The operator, landowner, or timber owner shall comply with the practices described in the forest practice statutes and rules unless approval has been obtained from the State Forester for a plan for an alternate practice which is designed to result in the same effect or to meet the same purpose or provide equal or better results as those practices described in statute or administrative rule.
(2) The State Forester may approve a plan for an alternate practice to waive or modify forest practice rules when:
(a) The State Forester determines that a federal or state agency, a college or university, or a private landowner has submitted an application to the State Forester for a bona fide research project involving activities not in accordance with the rules; or
(b) The State Forester determines that waiving or modifying a specific practice will result in less environmental damage than if the practice is applied; or
(c) After consulting with the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester determines that waiving or modifying a specific practice will improve soil, water quality, fish habitat, or wildlife habitat; or
(d) The State Forester determines that the alternate practice is necessary to provide for public safety or to accomplish a land use change.
(3) When the State Forester's approval does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall maintain a written explanation of the reasons for approving the alternate practices.
(4) The State Forester may approve a plan for an alternate practice to waive or modify rules for resource sites identified in OAR 629-680-0100 (Threatened or Endangered Fish and Wildlife Species), 629-680-0200 (Sensitive Bird Nesting, Roosting and Watering Sites), 629-680-0300 (Significant Wetlands), or 629-680-0400 (Biological Sites) when:
(a) The county has an adopted program under OAR 660-016-0005 and 660-016-0010 that has evaluated the resource sites; and
(b) Applying the forest practice rules for the identified resource sites would regulate or prevent operations, or uses, allowed under the acknowledged county comprehensive plan.
Stat. Auth.: ORS 527.710

Stats. Implemented: ORS 527.674, 527.710, & 527.715

Hist.: FB 31, f. 6-14-72, ef. 7-1-72; FB 5-1978, f. & ef. 6-7-78; FB 2-1987, f. 5-4-87, ef. 8-1-87; FB 7-1992, f. & cert. ef. 6-5-92; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97; Renumbered from 629-024-0102; DOF 2-2003, f. 6-19-03, cert. ef. 7-1-03; DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
629-605-0105
Notice of Federal Endangered Species Act
Compliance with the forest practices rules does not substitute for or ensure compliance with the federal Endangered Species Act. Nothing in these rules imposes any state requirement to comply with the federal Endangered Species Act. Landowners and operators are advised that federal law prohibits a person from taking certain threatened or endangered species which are protected under the Endangered Species Act.
Stat. Auth.: ORS 527.710

Stats. Implemented: ORS 527.710 & 527.715

Hist.: DOF 2-2003, f. 6-19-03, cert. ef. 7-1-03
629-605-0110
Annual Review
The State Forester shall, at least once each year, meet with other state agencies concerned with the forest environment to review the Forest Practice Rules relative to sufficiency. The State Forester shall then report to the Board of Forestry a summary of such meeting or meetings together with recommendations for amendments to rules, new rules, or repeal of rules.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.721

Hist.: FB 31, f. 6-14-72, ef. 7-1-72; FB 5-1978, f. & ef. 6-7-78; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97; Renumbered from 629-024-0104
629-605-0120
Consultation
Department personnel shall consult with personnel of other state agencies concerned with the forest environment situations where expertise from such agencies is desirable or necessary.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.721

Hist.: FB 31, f. 6-14-72, ef. 7-1-72; FB 5-1978, f. & ef. 6-7-78; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97; Renumbered from 629-024-0105
629-605-0130
Compliance with the Rules and Regulations of the Department of Environmental Quality
Each operation, as defined by ORS 527.620, shall be conducted in full compliance with the rules and regulations of the Department of Environmental Quality relating to air and water pollution control. In addition to all other remedies, any violation thereof shall be subject to all remedies and sanctions available by law, rule, or regulation to the Department of Environmental Quality.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715

Hist.: FB 31, f. 6-14-72, ef. 7-1-72; FB 5-1978, f. & ef. 6-7-78; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97; Renumbered from 629-024-0106
629-605-0140
Notification to the State Forester — Types of Operations
Under the provisions of ORS 527.670:
(1) Notification to the State Forester shall be given for the following types of operations:
(a) Harvesting of forest tree species including, but not limited to, felling, bucking, yarding, decking, loading or hauling.
(b) Construction, reconstruction and improvement of roads, including reconstruction or replacement of crossing structures on any streams.
(c) Site preparation for reforestation involving clearing or the use of heavy machinery.
(d) Application of chemicals.
(e) Clearing forestland for conversion to any non-forest use.
(f) Disposal or treatment of slash.
(g) Pre-commercial thinning.
(h) Cutting of firewood, when the firewood will be sold or used for barter.
(i) Surface mining.
(2) Notification to the State Forester shall not be required for the following types of activities, which may or may not be operations:
(a) The establishment, management or harvest of Christmas trees, as defined in ORS 571.505, on land used solely for the production of Christmas trees.
(b) Routine road maintenance, such as grading, ditch cleaning, culvert cleaning, cross drain installation that is not in a stream, or rocking.
(c) Tree planting or tree seed applications, except when trees or seeds are treated with rodenticides.
(d) Cutting of firewood, when the firewood will not be sold or used for barter.
(e) Harvesting or collection of minor forest products, such as boughs, cones and hardwood burls.
(f) Road reconstruction of an emergency nature where delay for notification procedures presents a greater potential for resource damage than the operation. Within 48 hours after starting an emergency road reconstruction operation, the operator shall contact the State Forester and report the operation. When asked by the State Forester, the operator shall be able to demonstrate that an emergency actually existed.
(g) The establishment, management, or harvest of hardwood timber, including but not limited to hybrid cottonwood, that is:
(A) Grown on land that has been prepared by intensive cultivation methods and that is cleared of competing vegetation for at least three years after tree planting;
(B) Of a species marketable as fiber for inclusion in the furnish for manufacturing paper products;
(C) Harvested on a rotation cycle that is 12 or fewer years after planting; and
(D) Subject to intensive agricultural practices such as fertilization, cultivation, irrigation, insect control and disease control.
(h) The establishment, management or harvest of trees actively farmed or cultured for the production of agricultural tree crops, including nuts, fruits, seeds and nursery stock.
(i) The establishment, management or harvest of ornamental, street, or park trees within an urbanized area, as that term is defined in ORS 221.010.
(j) The management or harvest of juniper species conducted in a unit of less than 120 contiguous acres within a single ownership.
(k) The establishment or management of trees intended to mitigate the effects of agricultural practices on the environment or fish and wildlife resources, such as trees that are established or managed for windbreaks, riparian filters or shade strips immediately adjacent to actively farmed lands.
(l) The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced.
(3) Exemption from notification of certain types of operations does not relieve the operator's responsibility for complying with the applicable forest practice rules.
Stat. Auth.: ORS 527.710

Stats. Implemented: ORS 527.715

Hist.: FB 31, f. 6-14-72, ef. 7-1-72; FB 33, f. 6-15-73, ef. 7-1-73; FB 41(Temp), f. 6-5-75, ef. 7-1-75; FB 43, f. 9-5-75, ef. 9-25-75; FB 1-1978, f. & ef. 1-6-78; FB 5-1978, f. & ef. 6-7-78; FB 2-1988, f. & cert. ef. 5-11-88; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97; Renumbered from 629-024-0107; DOF 6-2002, f. & cert. ef. 7-1-02
629-605-0150
Notification to the State Forester
— When, Where and How
(1) The operator, landowner or timber owner
shall notify the State Forester as required by ORS 527.670(6), at least 15 days
before starting an operation.
(2) The State Forester may waive
the 15 day waiting period required in section (1) of this rule, except as prohibited
in ORS 527.670(9) for aerial applications of chemicals and 527.670(10) for operations
requiring a written plan under 527.670(3)(a), (b) and (c). Waivers may be granted
when the State Forester has already previewed the operation site or has otherwise
determined the operation to have only minor potential for resource damage. Waivers
shall be made in writing, and on an individual notification basis.
(3) Once an operation is actually
started following proper notification of the State Forester, the operation may continue
into the following calendar year without further notification under 527.670(6),
provided:
(a) There are no changes to
the information required on the notification;
(b) The operator gives written
notice to the State Forester of their intent to continue the operation within the
first two months of the following calendar year; and
(c) The operation actively continues
within the first six months of the following calendar year.
(4) No notification is valid
after the second calendar year, unless:
(a) The landowner or operator
submits a written request to extend the notification before the end of the second
calendar year;
(b) There are no changes to
the information submitted on the original notification; and
(c) The State Forester approves
the request.
(5) Notwithstanding sections
(3) and (4) of this rule, nothing in this rule relieves an operator, landowner or
timber owner of the responsibility to comply with ORS 477.625, requiring a permit
to use fire or power-driven machinery; or 321.550 requiring notification of intent
to harvest provided to the Department of Revenue through the department for tax
collection purposes.
(6) For the purposes of ORS
527.670 a notification will be considered received only when the information required
by the State Forester is complete and the necessary forms are on file at the department
district or unit office responsible for the area in which the operation will take
place. Notifications not properly completed shall be promptly returned to the party
submitting them. Properly completed notifications submitted to an incorrect department
office will be forwarded to the correct office.
(7) Notifications required by
ORS 527.670(6) shall be completed in detail, on forms provided by the State Forester.
The notification shall include a map to scale, or aerial photograph that is corrected
for distortion, on which the boundary of the operation unit is clearly marked. When
more than one type of operation activity or more than one unit is submitted on a
single notification, each operation unit shall be identifiable as to the type of
operation activity, by legal subdivision, and drawn on a map to scale, aerial photograph
corrected for distortion, or other appropriate means. Operations involving harvesting
in more than one county may not be combined on the same notification because of
tax collection requirements.
(8) When operations include
the application of chemicals, properly completed notifications shall include the
common name of the chemicals to be used; the brand name, if known at the time of
notification; the application method; and, for fertilizers, the intended application
rate per acre. Public information on allowable application rates of commonly applied
forest chemicals will be maintained at department field offices. Additional information
on chemical applications shall be collected and recorded by operators at the time
of application, and made available upon request to the State Forester, pursuant
to OAR 629-620-0600.
(9) The operator, landowner
or timber owner, whichever filed the original notification, shall contact the State
Forester and report any subsequent change to information contained in the notification.
Additions to the geographic location, however, shall require a separate notification.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715
Hist.: FB 31, f. 6-14-72,
ef. 7-1-72; FB 33, f. 6-15-73, ef. 7-1-73; FB 5-1978, f. 6-7-78; FB 2-1988, f. &
cert. ef. 5-11-88; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0108;
DOF 6-2002, f. & cert. ef. 7-1-02; DOF 6-2005(Temp), f. & cert. ef. 8-2-05
thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06; DOF 2-2013, f. 7-11-13,
cert. ef. 9-1-13
629-605-0160
Forest Practices Regions
The state is divided into three regions
to better achieve the purposes of the forest practice rules. These regions are:
(1) Eastern Oregon Region
Boundary: All land east of the summit of the Oregon Cascade Range as described by
the following boundary: Beginning at a point on the Columbia River near the junction
of Interstate 84 and State Highway 35, thence southerly along State Highway 35 to
the north line of Section 5, T2S-R10E; thence east to the NE corner Section 5; thence
southeasterly approximately 1.5 miles to a point of intersection with Forest Road
No. 1720 in Section 9, T2S-R10E; thence easterly along said road and along Forest
Road No. 44 to the east line of Section 12, T2S-R10E; thence southerly along the
western boundaries of Wasco, Jefferson, Deschutes, and Klamath Counties to the southern
boundary of Oregon.
(2) Northwest Oregon Region
Boundary: All land west of the summit of the Oregon Cascade range as described in
the Eastern Oregon Region Boundary, north of the south boundary of Lane County.
(3) Southwest Oregon Region
Boundary: All land west of the summit of the Cascade Range as described in the Eastern
Oregon Region Boundary; south of the south boundary of Lane County.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.640
Hist.: FB 10-1982, f. &
ef. 10-21-82; FB 3-1994, f. 6-15-94, cert. ef. 9-1-94; FB 5-1994, f. 12-23-94, cert.
ef. 1-1-95; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0112;
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
629-605-0170
Statutory Written Plans
(1) Definition of “Directly Affect”
and “Physical Components” For the purpose of section (4) of this
rule:
(a) “Physical components”
means materials such as, but not limited to, vegetation, snags, rocks and soil;
and
(b) “Directly affect”
means that physical components will be moved, disturbed, or otherwise altered by
the operation.
(2) Statutory Written Plans
for Operations near Type F and Type D Streams. An operator must submit to the
State Forester a written plan as required by ORS 527.670(3) before conducting an
operation that requires notification under OAR 629-605-0140, and that is within
100 feet of a Type F or Type D stream.
(3) Statutory Written Plans
for Operations near Wetlands larger than Eight Acres, Bogs or Important Springs
in Eastern Oregon. An operator must submit to the State Forester a written plan
as required by ORS 527.670(3) before conducting an operation that requires notification
under OAR 629-605-0140, and that is within 100 feet of a significant wetland that
is a wetland larger than eight acres (not an estuary), a bog, or an important spring
in Eastern Oregon as identified in 629-645-0000 (Riparian Management Areas and Protection
Measures for Significant Wetlands).
(4) Waiver of Statutory Written
Plans. The State Forester may waive, in writing, the requirement for a written
plan described in sections (2) and (3) if the operation activity will not directly
affect the physical components of the riparian management area. Further direction
of when a waiver will be granted is described in Technical Note FP10 dated September
1, 2013.
(5) Statutory Written Plans
for Operations near Wildlife Sites and Estuaries. An operator must submit to
the State Forester a written plan as required by ORS 527.670(3) before conducting
an operation that requires notification under OAR 629-605-0140, and that is within
300 feet of any:
(a) Specific site involving
threatened or endangered wildlife species, or sensitive bird nesting, roosting,
or watering sites; as listed by approximate legal description, in a document published
by the Department of Forestry titled "Cooperative Agreement Between the Board of
Forestry and the Fish and Wildlife Commission, March 28, 1984."
(b) Resource site identified
in OAR 629-665-0100 (Species Using Sensitive Bird Nesting, Roosting and Watering
Sites), 629-665-0200 (Resource Sites Used By Threatened and Endangered Species).
(c) Significant wetland that
is classified as an estuary identified in OAR 629-645-0000 (Riparian Management
Areas and Protection Measures for Significant Wetlands).
(d) Nesting or roosting site
of threatened or endangered species listed by the U.S. Fish and Wildlife Service
or by the Oregon Fish and Wildlife Commission by administrative rule.
(6) Statutory Written Plans
and Stewardship Agreements. The written plan requirements in section (2), (3)
and (5) of this rule do not apply to operations that will be conducted pursuant
to a stewardship agreement entered into under ORS 541.423.
(7) Statutory Written Plan
Requirements and Notification of Protected Resource Sites. The State Forester
shall notify the operator of the presence of any site listed in section (2), (3)
or (5) of this rule at any time the State Forester determines the presence of those
sites.
(8) The State Forester shall
notify the operator that a written plan is required if:
(a) The operation will be within
100 feet of any sites listed in sections (2) or (3) of this rule and the operation
will directly affect the physical components of a riparian management area associated
with any of those sites; or
(b) The operation will be within
300 feet of any site listed in section (5) of this rule.
(9) Statutory Written Plan
Hearing Provisions. Written plans required under sections (2), (3) or (5) of
this rule shall be subject to the hearings provisions of ORS 527.700 (Appeals from
orders of State Forester hearings procedure; stay of operation); and shall be subject
to the provisions of 527.670 (8) through (12) (Commencement of operations; when
notice and written plan required; appeal of plan) prescribing certain waiting periods
and procedures.
(10) Non-Statutory Written
Plans. An operator must submit a written plan as required by ORS 527.670(2)
and the rules listed below unless the State Forester waives the written plan requirement.
Written plans required by the rules listed below are not subject to the provisions
of 527.700(3) or 527.670(10), (11) and (12).
(a) 629-605-0190(1) —
Operating near or within sites that are listed in the "Cooperative Agreement Between
the Board of Forestry and the Fish and Wildlife Commission, March 28, 1984" or sites
designated by the State Forester;
(b) 629-605-0190(2) —
Operating near or within habitat sites of any wildlife or aquatic species classified
by the Department of Fish and Wildlife as threatened or endangered;
(c) 629-623-0700(1) —
Conducting timber harvesting or road construction operations with intermediate or
substantial downslope public safety risk;
(d) 629-623-0700(2) —
Constructing a stream crossing fill over a debris torrent-prone stream with intermediate
or substantial downslope public safety risk;
(e) 629-623-0700(3) —
Locating a waste-fill area within a drainage containing debris torrent-prone streams
with intermediate or substantial downslope public safety risk;
(f) 629-625-0100(2)(a) —
Constructing a road where there is an apparent risk of road-generated materials
entering waters of the state from direct placement, rolling, falling, blasting,
landslide or debris flow;
(g) 629-625-100(2)(c) —
Constructing a road within the riparian management area of a medium or large Type
N stream;
(h) 629-625-0100(3) —
Constructing a road on high landslide hazard locations;
(i) 629-625-0100(4) —
Placing woody debris or boulders in the stream channel of a Type N stream for stream
enhancement;
(j) 629-625-0320(1)(b)(B) —
Constructing a permanent stream crossing fill over 15 feet deep in a Type N stream;
(k) 629-630-0200(3) —
Locating a landing within the riparian management area of a medium or large Type
N stream;
(l) 629-630-0700(3) —
Yarding across streams classified as medium or large Type N;
(m) 629-630-0800(4)(c) —
Constructing a temporary stream crossing fill over 8 feet deep in a Type N stream;
(n) 629-650-0005 — Operating
within 100 feet of a large lake;
(o) 629-660-0050(1) —
Removing beaver dams or other natural obstructions located farther than 25 feet
from a culvert in a Type N stream;
(p) 629-665-0020(2) —
Operating near a resource site requiring special protection; and
(q) 629-665-0210(1) —
Operating near a Northern Spotted Owl resource site.
(11) If an operator, timber
owner or landowner is required to submit a written plan to the State Forester under
subsection (10) of this section:
(a) The State Forester shall
review the written plan and may provide comments to the person who submitted the
written plan;
(b) Provided that notice has
been given as required by ORS 527.670 and OAR 629-605-0150, the operation may commence
on the date the State Forester provides comments. If no comments are provided the
operation may commence at any time after 14 calendar days following the date the
written plan was received;
(c) Comments provided by the
State Forester under paragraph (a) of this subsection, to the person who submitted
the written plan are for the sole purpose of providing advice to the operator, timber
owner or landowner regarding whether the operation described in the written plan
is likely to comply with ORS 527.610 to 527.770 and rules adopted thereunder. Comments
provided by the State Forester do not constitute an approval of the written plan
or operation;
(d) If the State Forester does
not comment on a written plan, the failure to comment does not mean an operation
carried out in conformance with the written plan complies with ORS 527.610 to 527.770
or rules adopted thereunder nor does the failure to comment constitute a rejection
of the written plan or operation;
(e) In the event that the State
Forester determines that an enforcement action may be appropriate concerning the
compliance of a particular operation with ORS 527.610 to 527.770 or rules adopted
thereunder, the State Forester shall consider, but is not bound by, comments that
the State Forester provided under this section.
(12) Written Plan Content.
Written plans required under OAR 629-605-0170 must contain a description of how
the operation is planned to be conducted in sufficient detail to allow the State
Forester to evaluate and comment on the likelihood that the operation will comply
with the Forest Practices Act or administrative rules.
(13) Written plans required
under OAR 629-605-0170 will be considered received when complete with the following
information:
(a) A map showing protected
resource(s) and the harvest area; and
(b) The specific resource(s)
that require protection; and
(c) The practices that may affect
the protected resource(s) such as road and landing location, disposal of waste materials,
felling and bucking and post operation stabilization measures; and
(d) The specific techniques
and methods employed for resource protection such as road and landing design, road
construction techniques, drainage systems, buffer strips, yarding system and layout;
and
(e) Additional written plan
content required in individual rules.
(14) In addition to the other
requirements in this rule, written plans for operations within 100 feet of domestic
water use portions of Type F or D streams must contain a description of the practices
and methods that will be used to prevent sediment from entering waters of the state.
(15) Modification of a written
plan shall be required when, based on information that was not available or was
unknown at the time the original written plan was reviewed, the State Forester determines
the written plan no longer addresses compliance with applicable forest practice
rules. Written plans with modifications required under this section shall not be
subject to the provisions of ORS 527.670(10) and (11) relating to waiting periods
for written plans.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.670
Hist.: FB 3-1983, f. &
ef. 9-13-83; FB 3-1985, f. & ef. 6-11-85; FB 4-1988, f. 7-27-88, cert. ef. 9-1-88;
FB 4-1990, f. & cert. ef. 7-25-90; FB 7-1991, f. & cert. ef. 10-30-91; FB
3-1994, f. 6-15-94, cert. ef. 9-1-94; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered
from 629-024-0113; DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06; DOF
8-2005, f. 12-13-05, cert. ef. 1-1-06; DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
629-605-0173
Plans for an Alternate Practice
(1) Operators must obtain written approval
of a plan for an alternate practice from the State Forester before conducting forest
practices utilizing protection standards or methods different than those specified
in rule or statute.
(2) Plans for an alternate practice
must include sufficient information to allow the State Forester to assess the plan
to determine that the practices described in the plan will yield results consistent
with ORS 527.610 to 527.770 and administrative rules adopted thereunder.
(3) Plans for alternate practices
proposed as part of a written plan required by ORS 527.670(3) shall be subject to
the hearings provisions of 527.700(3) (Appeals from orders of State Forester hearings
procedure; stay of operation); and shall be subject to the provisions of 527.670(10),
(11) and (12) (Commencement of operations; when notice and written plan required;
appeal of plan) prescribing certain waiting periods and procedures.
(4) An operator must comply
with all provisions of an approved plan for an alternate practice.
(5) The following rules require
an operator to submit a plan for an alternate practice and obtain approval from
the State Forester of the plan before starting the specified practice or operation:
(a) 629-605-0100(2)(a) —
Waiving or modifying the rules or statutes for a bona fide research project conducted
by a federal or state agency, a college or university, or a private landowner;
(b) 629-605-0100(2)(b) —
Waiving or modifying a specific practice when doing so will result in less environmental
damage than if the practice is applied;
(c) 629-605-0100(2)(c) —
Waiving or modifying a specific practice when doing so will improve soil, water
quality, fish habitat, or wildlife habitat;
(d) 629-605-0100(2)(d) —
Waiving or modifying rules to provide for public safety or to accomplish a land
use change;
(e) 629-605-0100(4) —
Waiving or modifying rules for resource sites when a county has an adopted program
under OAR 660-016-0005 and OAR 660-016-0010 that has evaluated the resource sites;
(f) 629-605-0173(1) —
Conducting forest practices utilizing protection standards or methods different
than those specified in rule or statute;
(g) 629-605-0175(2) —
Conducting operations that result in a single harvest type 3 unit, or combinations
of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership;
(h) 629-605-0175(7) —
Waiving the harvest type 3 acreage limitations for conversions or disasters described
in ORS 527.740(4);
(i) 629-605-0180(3) —
Describing reasonable measures to resolve conflicts between an operation and protection
of a resource site requiring a written plan under OAR 629-605-0170(1)(b) or (d);
(j) 629-605-0500 — Modifying
the protection requirements for streams, lakes, wetlands and riparian management
areas for reasons of forest health or because of hazards to public safety or property;
(k) 629-610-0020(3) —
Waiving or modifying the reforestation requirements following a stand improvement
operation where the residual stand conditions will result in enhanced long-term
tree growth;
(l) 629-610-0020(10) —
Modifying or waiving reforestation stocking levels if the purposes of the reforestation
rules will be achieved or for a research project conducted by a public agency or
educational institution;
(m) 629-610-0030(3) —
Utilizing natural reforestation methods when an operation results in a reforestation
requirement;
(n) 629-610-0040(3) —
Extending the time allowed for reforestation when natural reforestation methods
are utilized;
(o) 629-610-0050(2) —
Counting hardwoods to meet more than 20% of the applicable stocking standards when
an operation results in a reforestation requirement;
(p) 629-610-0060(1) —
Counting non-native tree species to meet the applicable stocking standards when
an operation results in a reforestation requirement;
(q) 629-610-0070(1) —
Suspending the reforestation rules for the salvage or conversion of low value forest
stands when participating in a forest incentive program;
(r) 629-610-0090(1) —
Exempting the reforestation requirements for the purpose of developing forestland
for a use that is not compatible with the maintenance of forest tree cover;
(s) 629-615-0300(5) —
Modifying the protection requirements for riparian areas, aquatic areas and wetlands
when the need for prescribed burning outweighs the benefits of protecting components
required to be left;
(t) 629-620-0400(7)(d) —
Modifying the protection requirements for aerial application of fungicides or nonbiological
insecticides;
(u) 629-625-0320(3) —
Modifying the culvert sizing requirements of 629-625-320(2)(a) to reduce the height
of fills where roads cross wide flood plains;
(v) 629-640-0100(13) —
Modifying the vegetation retention requirements in the riparian management area
along a Type F stream to allow the removal of roadside trees which pose a safety
hazard;
(w) 629-640-0200(14) —
Modifying the vegetation retention requirements in the riparian management area
along a Type D or Type N stream to allow the removal of roadside trees which pose
a safety hazard;
(x) 629-640-0210(4) —
Placing wood in a Type F stream or conducting other activities to meet the same
purpose as leaving green trees and snags along small Type N streams subject to rapidly
moving landslides.
(y) 629-640-0400(1)(a) —
Utilizing site specific vegetation retention prescriptions for streams and riparian
management areas;
(z) 629-645-0020(1) —
Utilizing site specific vegetation retention prescriptions for significant wetlands;
(aa) 629-645-0050(3) —
Modifying the vegetation retention requirements for significant wetlands for reasons
of forest health;
(bb) 629-650-0040(3) —
Modifying the vegetation retention requirements for lakes for reasons of forest
health;
(cc) 629-665-0020(1)(b)(C) —
Structural or temporal exceptions when proposed forest practices conflict with a
resource site;
(dd) 629-665-0110(3) —
Structural replacement of an osprey site;
(ee) 629-665-0110(4) —
Temporal exceptions near an osprey site;
(ff) 629-665-0120(3) —
Structural exceptions of a great blue heron site;
(gg) 629-665-0120(5) —
Temporal exceptions near a great blue heron site.
Stat. Auth.: ORS 527.710
Stats.Implemented: ORS 527.670(10)-(12),
527.700(2), (5), (6), (8)&(9)
Hist.: DOF 6-2005(Temp),
f. & cert. ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06;
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
629-605-0175
Harvest Type 3 Units Exceeding 120 Acres
(1) The purpose of this rule is to describe the process that operators shall follow to gain approval of a plan for an alternate practice for a harvest type 3 unit that is between 120 and 240 acres in size.
(2) Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting operations that result in a single harvest type 3 unit, or combinations of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership.
(3) For each unit on which a harvest type 3 is proposed to exceed the contiguous 120 acre limit, the plan for an alternate practice shall:
(a) Describe the planned harvest including, but not limited to, the elements of a written plan listed in OAR 629-605-0170;
(b) Include a detailed map of the planned harvest that shows the specific unit boundaries; and
(c) Demonstrate that the larger harvest size will result in increased protection of, or reduced adverse impact on, any or all of the resources and values protected by the Oregon Forest Practices Act. For the purposes of this rule, resources and values includes:
(A) Air quality, water resources, soil productivity, and fish and wildlife resources as described in ORS 527.710(2);
(B) The resource sites needing protection as listed in ORS 527.710(3);
(C) Scenic resources within visually sensitive corridors as provided in ORS 527.755; and
(D) Public safety related to landslides.
(4) The State Forester shall review the operator's compliance with the Oregon Forest Practices Act and deny approval of the plan for an alternate practice submitted under this rule when the operator has:
(a) Received citations for violating a forest practice rule or statute within the past year; or
(b) Failed to comply with an order to cease further violation, an order to repair damage, or an order to correct an unsatisfactory condition under ORS 527.680(2).
(5) Plans for an alternate practice submitted under this rule shall not be subject to appeal under ORS 527.700(3).
(6) Single harvest type 3 units or combinations of harvest type 3 units may not exceed 240 contiguous acres on a single ownership, except when the units have been reforested as described in ORS 527.750(1)(a), (b) and (c).
(7) The harvest type 3 acreage limitations do not apply for conversions or disasters described in ORS 527.740(4) when the operator obtains approval from the State Forester of a plan for an alternate practice before conducting operations.
Stat. Auth.: ORS 527.710, 526.016(4), 527.714 & 527.715

Stats. Implemented: ORS 527.750(5), 527.765, 527.710(3)(a)(D) & 527.670(8)

Hist.: DOF 6-2002, f. & cert. ef. 7-1-02; DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
629-605-0180
Interim Process for Protecting Sensitive Resource Sites Requiring Written Plans
Protection practices for sites requiring
written plans under OAR 629-605-0170(5)(a) or (d) shall be determined for each site
as follows:
(1) The State Forester shall
notify the operator and landowner of the presence of a site requiring a written
plan, and request their input into the decision making process.
(2) The State Forester shall,
when practical, inspect the proposed operation with the landowner or landowner's
representative, the operator, and the appropriate representative of the Department
of Fish and Wildlife. The State Forester shall then determine if the proposed forest
practice is in conflict with the protection of the sensitive resource site.
(3) If planned forest practices
are determined to conflict with protection of the sensitive resource site, the written
plan must describe reasonable measures sufficient to resolve the conflict in favor
of the resource site. Reasonable measures to resolve the conflict in favor of the
resource site may include but are not limited to preparing and implementing a habitat
management plan, obtaining approval of a plan for an alternate practice, limiting
the timing of forest practices, redesigning the proposed practices in favor of site
protection and excluding the forest activities outright.
(4) If planned forest practices
are determined not to conflict with protection of the sensitive resource site, the
written plan shall describe how the operation will be conducted in compliance with
existing forest practice rules. No additional protection measures shall be required.
Stat. Auth.: ORS 527.710, 526.016(4),
527.714 & 527.715
Stats. Implemented: ORS 527.750(5),
527.765, 527.710(3)(a)(D) & 527.670(8)
Hist.: FB 4-1988, f. 7-27-88,
cert. ef. 9-1-88; FB 3-1994, f. 6-15-94, cert. ef. 9-1-94; FB 9-1996, f. 12-2-96,
cert. ef. 1-1-97, Renumbered from 629-024-0118; DOF 6-2005(Temp), f. & cert.
ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06; DOF 2-2013,
f. 7-11-13, cert. ef. 9-1-13
629-605-0190
Written Plans for Operations Near Critical, Threatened, or Endangered Wildlife Habitat Sites
Operators must submit a written plan to the State Forester before operating near or within:
(1) Critical wildlife or aquatic habitat sites that are listed in a 1984 cooperative agreement between the Board of Forestry and the Fish and Wildlife Commission or sites designated by the State Forester; or
(2) Habitat sites of any wildlife or aquatic species classified by the Department of Fish and Wildlife as threatened or endangered.
Stat. Auth.: ORS 527.710

Stats. Implemented: ORS 527.710

Hist.: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97; DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
629-605-0200
Compliance with Statutory Requirements
(1) In addition to all other requirements of administrative rule promulgated under the Forest Practices Act, operators, landowners and timber owners who conduct forest operations shall comply with the requirements in:
(a) ORS 527.740 (Harvest type 3 unit limitations);
(b) ORS 527.750 (Exceeding harvest type 3 size limitations);
(c) ORS 527.755 (Scenic highways and visually sensitive corridors); and
(d) ORS 527.676 (Live and dead wood retention in harvest type 2 and 3 units greater than 25 acres).
(2) Failure to comply with requirements in section(1) of this rule may be subject to any of the enforcement mechanisms provided in the Oregon Forest Practices Act under ORS 527.680, 527.690, 527.990 or 527.992.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715

Hist.: FB 2-1992(Temp), f. & cert. ef. 1-9-92; FB 5-1992, f. & cert. ef. 5-8-92; FB 3-1994, f. 6-15-94, cert. ef. 9-1-94; FB 5-1994, f. 12-23-94, cert. ef. 1-1-95; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97; Renumbered from 629-024-0120
629-605-0210
Harvest Type 3 Units within Single Ownerships
(1) For the purposes of ORS 527.740 and this rule, "single ownership" as defined in 527.620, shall be interpreted broadly to prohibit manipulation of ownership entities or property transfers intended to avoid the provisions of 527.740, restricting the size of harvest type 3 units, as defined by 527.620. "Single ownership" shall not be interpreted to restrict lawful operations on bona fide separate ownerships.
(2) Nothing in ORS 527.740 is intended to restrict the location of a harvest type 3 unit or harvest type 3 unit acreage of one landowner based on the harvest type 3 unit of a wholly separate ownership.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715

Hist.: FB 1-1993, f. & cert. ef. 1-7-93; FB 9-1996, f. 12-2-96, cert. ef. 1-1-97; Renumbered from 629-024-0121
629-605-0220
Judicial Determinations of Rule Validity
It is the intent of the Board that if any section of a rule is declared invalid or is remanded by the Court of Appeals under ORS 183.400, the remaining sections of the rule will remain valid.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715

Hist.: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
629-605-0400
Forest Activity Safety
Compliance with worker safety regulations is essential for ensuring the safety of operators and their employees. Regulation of forest practices must be achieved in a manner which allows operators to comply with applicable federal and state safety requirements. In administering the forest practice rules to meet the resource protection goals, especially requirements related to working near snags, residual green trees and unstable material, the State Forester shall use appropriate discretion.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715

Hist.: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94; Renumbered from 629-057-0010
629-605-0500
Modification of Requirements for Forest Health and Public Safety
Protection requirements for streams, lakes, wetlands and riparian management areas may be modified by approval of a plan for an alternate practice by the State Forester for reasons of forest health or because of hazards to public safety or property. Hazards to public safety or property include hazards to river navigation and hazards to improvements such as roads, bridges, culverts, or buildings. Forest health concerns include fire, insect infestations, disease epidemics, or other catastrophic events not otherwise addressed in OAR 629-640-0300. Such modifications of protection requirements should prevent, reduce or alleviate the forest health conflict or hazard while meeting the intent of the protection goals as much as possible.
Stat. Auth.: ORS 527.710

Stats. Implemented: ORS 527.674 & 527.710

Hist.: FB 3-1994, f. 6-15-94, cert. ef. 9-1-94; Renumbered from 629-057-2040; DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06

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