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Management Of State Forest Lands


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF FORESTRY









 

DIVISION 35
MANAGEMENT OF STATE FOREST LANDS

629-035-0000
Definitions
(1) "Active management" means applying practices, over time and across the landscape, to achieve site-specific forest resource goals using an integrated and science-based approach that promotes the compatibility of most forest uses and resources over time and across the landscape.
(2) "Adaptive management" means the process of implementing plans in a scientifically based, systematically structured approach that tests and monitors assumptions and predictions in management plans and uses the resulting information to improve the plans or management practices used to implement them.
(3) "Biological diversity" means the genetic variation and the abundance and variety of microbial, plant, and animal life, the range of ecological functions, and the physical processes at any local or landscape scale.
(4) "Board" means the Oregon Board of Forestry.
(5) "Compatible" or "compatibility" means capable of existing or operating together in harmony.
(6) "District" means a defined geographic area that is an administrative unit of the Department, within which a District Forester manages the Department's programs.
(7) "Forest conditions" means stand types, structures, and landscape patterns.
(8) "Forest lands" means lands acquired under ORS 530.010 to 530.040.
(9) "Forest resources" includes, but is not limited to:
(a) Timber production and harvest;
(b) Salmonid, and other native fish and wildlife habitats;
(c) Soil, air, and water;
(d) Forage and browse for domestic livestock;
(e) Landscape effect;
(f) Protection against flood and erosion;
(g) Recreation;
(h) Mining;
(i) Use of water resources; and
(j) Administrative sites.
(10) "Forest tree species" means trees ecologically suited to the site.
(11) "Integrated Management" means bringing together knowledge of various disciplines (forestry, fisheries, wildlife, water) to understand and promote land management actions that consider effects and benefits to all.
(12) "Landscape" means a broad geographic area that may cover many acres and more than one ownership, and may include a watershed, or sub-watershed areas.
(13) "Native" means indigenous to Oregon, not introduced.
(14) "Planning area" means the appropriate management district, or districts, or other specified geographic area determined by the State Forester.
(15) "Wildlife" means fish, wild birds, amphibians, reptiles, wild mammals, and other indigenous animal organisms.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0010
Findings and Principles Concerning Lands Acquired under ORS Chapter 530
(1) ORS Chapter 530 authorizes the Board of Forestry to acquire forest lands which by reason of their location, topographical, geological, or physical characteristics are chiefly valuable for:
(a) Production of forest crops;
(b) Watershed protection and development;
(c) Erosion control;
(d) Grazing;
(e) Recreation;
(f) Forest administrative purposes.
(2) These lands must be managed to achieve the greatest permanent value to the state.
(3) For purposes of achieving the greatest permanent value of these forest lands to the state, the Board may direct the State Forester to:
(a) Protect these forest lands from fire, disease, and insect pests, sell forest products from these forest lands, and execute mining leases and contracts as provided for in ORS 273.551; and
(b) Permit the use of these forest lands for other purposes, when such uses are not detrimental to the best interest of the state. These other purposes include, but are not limited to:
(A) Forage and browse for domestic livestock;
(B) Fish and wildlife environment;
(C) Landscape effect;
(D) Protection against floods and erosion;
(E) Recreation;
(F) Protection of water supplies.
(4) The counties in which these forest lands are located have a protected and recognizable interest in receiving revenues from these forest lands; however, the Board and the State Forester are not required to manage these forest lands to maximize revenues, exclude all non-revenue producing uses on these forest lands, or to produce revenue from every acre of these forest lands.
(5) Based on existing Board principles and policies and current scientific and silvicultural information, the Board finds that uses for purposes set forth in subsections (3)(a) and (b) of this section are compatible over time and across the landscape when the lands are actively managed in an environmentally and silviculturally exemplary manner, as set forth in OAR 629-035-0030, using management practices that:
(a) Pursue compatibility of forest uses over time;
(b) Integrate and achieve a variety of forest resource management goals;
(c) Achieve, over time, site-specific goals for forest resources, using the process as set forth in OAR 629-035-0030 through 629-035-0070;
(d) Consider landscape context;
(e) Are based on the best science available; and
(f) Incorporate an adaptive management approach that applies new management practices and techniques as new scientific information and results of monitoring become available.
(6) Based on existing Board principles and policies and current scientific and silvicultural information, the Board finds that forest lands that are actively managed as provided in subsection (5) of this section can produce economic value over the long term and promote healthy, sustainable forest ecosystems that:
(a) Produce timber and revenues for the state, counties, and local taxing districts;
(b) Result in a high probability of maintaining and restoring properly functioning aquatic habitats for salmonids, and other native fish and aquatic life;
(c) Protect, maintain, and enhance native wildlife habitats;
(d) Protect soil, air, and water; and
(e) Provide outdoor recreational opportunities.
(7) Based on subsections (5) and (6) of this section, the Board finds that actively managing forest lands for the purposes described in subsections (3)(a) and (b) of this section is in the best interest of the state.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0020
Greatest Permanent Value
(1) As provided in ORS 530.050, "greatest permanent value" means healthy, productive, and sustainable forest ecosystems that over time and across the landscape provide a full range of social, economic, and environmental benefits to the people of Oregon. These benefits include, but are not limited to:
(a) Sustainable and predictable production of forest products that generate revenues for the benefit of the state, counties, and local taxing districts;
(b) Properly functioning aquatic habitats for salmonids, and other native fish and aquatic life;
(c) Habitats for native wildlife;
(d) Productive soil, and clean air and water;
(e) Protection against floods and erosion; and
(f) Recreation.
(2) To secure the greatest permanent value of these lands to the state, the State Forester shall maintain these lands as forest lands and actively manage them in a sound environmental manner to provide sustainable timber harvest and revenues to the state, counties, and local taxing districts. This management focus is not exclusive of other forest resources, but must be pursued within a broader management context that:
(a) Results in a high probability of maintaining and restoring properly functioning aquatic habitats for salmonids, and other native fish and aquatic life;
(b) Protects, maintains, and enhances native wildlife habitats;
(c) Protects soil, air, and water; and
(d) Provides outdoor recreation opportunities.
(3) Management practices must:
(a) Pursue compatibility of forest uses over time;
(b) Integrate and achieve a variety of forest resource management goals;
(c) Achieve, over time, site-specific goals for forest resources, using the process as set forth in OAR 629-035-0030 through 629-035-0070;
(d) Consider the landscape context;
(e) Be based on the best science available; and
(f) Incorporate an adaptive management approach that applies new management practices and techniques as new scientific information and results of monitoring become available.
(4) The State Forester shall manage forest lands as provided in this section by developing and implementing management plans for a given planning area as provided in OAR 629-035-0030 to 629-035-0100.
(5) The Board shall review 629-035-0020(2) (management focus) no less than every ten years in light of current social, economic, scientific, and silvicultural considerations.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0030
Forest Management Planning
(1) In managing forest lands as provided in OAR 629-035-0020, the State Forester shall develop Forest Management Plans, based on the best available science, that establish the general management framework for the planning area of forest land. The Board may review, modify, or terminate a plan at any time; however the Board shall review the plans no less than every ten years. The State Forester shall develop implementation and operations plans for forest management plans that describe smaller-scale, more specific management activities within the planning area.
(2) Forest Management Plans must contain the following elements:
(a) Guiding principles, that include legal mandates and Board of Forestry policies. Taken together, these principles shall guide development of the management plan.
(b) Description and assessment of the resources on state forest lands within the planning area and consideration of the surrounding ownership in order to provide a landscape context. The description and assessment includes general statements of the current conditions of each of the resources, and the laws, policies, and programs that affect the resources and their management.
(c) Forest resource management goals, which are statements of what the State Forester intends to achieve for each forest resource within the planning area consistent with OAR 629-035-0020.
(d) Management strategies, which describe how the State Forester will manage the forest resources in the planning area to achieve the goals articulated in the plan. The strategies shall identify management techniques the State Forester may use to achieve the goals of the plan during the implementation phase of the plan.
(e) General guidelines for asset management, which provide overall direction on investments, marketing, and expenses.
(f) General guidelines for implementation, monitoring, research, and adaptive management. The guidelines shall describe:
(A) The process for implementing Forest Management Plans;
(B) The approach for determining whether the strategies are meeting the goals of the Forest Management Plans; and
(C) The process for determining the validity of the assumptions used in developing the strategies.
(3) The State Forester shall be guided by the following stewardship principles in developing and implementing Forest Management Plans:
(a) The plans shall include strategies that provide for actively managing forest land in the planning area.
(b) The plans shall include strategies that:
(A) Contribute to biological diversity of forest stand types and structures at the landscape level and over time:
(i) through application of silvicultural techniques that provide a variety of forest conditions and resources; and
(ii) through conserving and maintaining genetic diversity of forest tree species.
(B) Manage forest conditions to result in a high probability of maintaining and restoring properly functioning aquatic habitats for salmonids, and other native fish and aquatic life, and protecting, maintaining, and enhancing native wildlife habitats, recognizing that forests are dynamic and that the quantity and quality of habitats for species will change geographically and over time.
(C) Provide for healthy forests by:
(i) managing forest insects and diseases through an integrated pest management approach; and
(ii) utilizing appropriate genetic sources of forest tree seed and tree species in regeneration programs.
(D) Maintain or enhance long-term forest soil productivity.
(E) Comply with all applicable provisions of ORS 496.171 to 496.192 and 16 USC § 1531 to 1543 (1982 & supp 1997) concerning state and federally listed threatened and endangered species.
(c) The plans shall include strategies that maintain and enhance forest productivity by:
(A) Producing sustainable levels of timber consistent with protecting, maintaining, and enhancing other forest resources.
(B) Applying management practices to enhance timber yield and value, while contributing to the development of a diversity of habitats for maintaining salmonids and other native fish and wildlife species.
(d) The plans shall include strategies that utilize the best scientific information available to guide forest resource management actions and decisions by:
(A) Using monitoring and research to generate and utilize new information as it becomes available.
(B) Employing an adaptive management approach to ensure that the best available knowledge is acquired and used efficiently and effectively in forest resource management programs.
(4) The Board shall review and may revise the forest management plan developed by the State Forester to ensure that it is consistent with OAR 629-035-0020.
(5) The Board's approval of the plan represents its determination that activities carried out or allowed by the State Forester under subsection (6) of this section meet the obligation to secure the greatest permanent value to the state as defined in OAR 629-035-0020.
(6) Once the management plan is approved by the Board as provided in subsection (5) of this section:
(a) The Board shall adopt the plan as an administrative rule.
(b) The State Forester shall implement the plan through more specific, small scale or time limited plans that are consistent with the Forest Management Plan.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0040
Forest Land Base Designation
(1) Following the process described in subsection (2) of this section, all forest land shall be designated either as:
(a) Silviculturally capable of growing forest tree species, as defined by the Forest Practices Reforestation Suitability Standards as established by the Oregon Forest Practices Act (Silviculturally Capable); or
(b) Not capable of such growth (Non-Silviculturally Capable).
(2) Each district with forest land management responsibility shall identify Silviculturally Capable and Non-Silviculturally Capable lands in the district and display the designations on a map. The district shall forward the designations and map to the State Forester for approval. If approved by the State Forester, the State Forester shall forward the recommended designations to the Board for approval or modification. The Board shall adopt forest land base designations as an administrative rule.
(3) Designations of forest land under this section shall be reviewed by the appropriate district and, if necessary, updated prior to the completion of management plans for any planning area.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0045
Forest Land Base Designation Maps
The forest land designation maps required by OAR 629-035-0040 are a set of maps entitled "Land Base Designation Map (OAR 629-035-0040)" consisting of nine consecutively numbered sheets and bearing the date of adoption by the Board. The maps are maintained by the State Forester at the Oregon Department of Forestry's headquarters in Salem, Oregon.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.050

Hist.: DOF 1-1999, f. & cert. ef. 5-13-99
629-035-0050
Forest Land Management Classifications
(1) For purposes of implementing the plan's forest resource management strategies, the State Forester shall classify all forest lands within the planning area. The classifications must describe:
(a) The types of management that the Department will apply to particular areas of the land base;
(b) The appropriate range of management activities for these areas; and
(c) The forest resource or resources the classification is intended to address.
(2) The District Forester shall recommend to the State Forester land management classifications determined under subsection (1) of this section for each district. The recommended classifications shall be shown on maps.
(3) In classifying lands under this section:
(a) The State Forester may harvest forest tree species at some level on any Silviculturally Capable lands, regardless of classification, unless a legal or contractual obligation on the land prevents such management or unless the district determines under subsection (4) of this section that other management is more consistent with the direction of OAR 629-035-0020.
(b) No land designated as Silviculturally Capable land shall be managed for a single use unless required by law or contract or the District Forester determines under subsection (4) of this section that a single use for a particular parcel or parcels of Silviculturally Capable land is more consistent with the direction of OAR 629-035-0020.
(4) In determining whether to restrict or prohibit timber harvest on Silviculturally Capable lands or to allow a single use on Silviculturally Capable lands, the District Forester shall consider:
(a) Effects on other forest resources. In making this determination, the district shall consider, but is not limited to, the following:
(A) Risk to other forest resources;
(B) Sensitivity of forest resources;
(C) Duration and intensity of impact;
(D) Ability of forest resources to recover;
(E) Contribution to meeting planning goals;
(F) Intensity of the management practice;
(G) Type of forest resources involved.
(b) Public safety or other potential liability to the state;
(c) Specific desired uses;
(d) Legal constraints.
(5) Before sending the recommended classifications to the State Forester, the District Forester shall offer a 90-day public comment period on the recommendations. All public comments shall be forwarded to the State Forester, along with the District Forester's classification recommendations.
(6) The State Forester shall approve, modify, or deny the District Forester's recommendations. If the State Forester modifies the recommendations, the State Forester or District Forester shall prepare a new map showing the modified land management classifications for the district. If the State Forester denies the recommendations, the District Forester shall prepare new recommendations according to the provisions of subsections (1) to (5) of this section.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0055
Forest Land Management Classification System
(1) The State Forester's
classification of forest lands, required by OAR 629-035-0050, shall be accomplished
pursuant to this section.
(2) Land
Classifications. All forest lands subject to this rule shall be classified into
one of the following four classifications: General Stewardship, Focused Stewardship,
Special Use, or High Value Conservation Areas. These classifications apply to lands
designated as Silviculturally Capable and Non-Silviculturally Capable.
(3) Distinguishing
Characteristics. All forest lands will be classified according to the following
distinguishing characteristics. In addition, forest lands will be further classified
into subclasses when they are classified as Focused Stewardship, Special Use, or
High Value Conservation Areas.
(a) General
Stewardship lands include all those whose forest resources are managed using integrated
management practices in a manner which is intended to accomplish forest management
planning goals, and are compatible over time and across the landscape when actively
managed.
(b) Focused
Stewardship lands include all those whose forest resources are managed using integrated
management practices in a manner which is intended to accomplish forest management
planning goals, and are compatible over time and across the landscape when actively
managed, but for which a forest management plan, habitat conservation plan, or other
legal requirement identifies a requirement for one or more of the following for
a specific resource: supplemental planning, before conducting management practices,
that helps to achieve identified goals for the specific resource; modified management
practices that help achieve the identified goals for the specific resource; or,
compliance with legal or contractual requirements above those required on lands
classified as General Stewardship.
(A) In addition,
other lands may be classified as Focused Stewardship where more specific, small
scale, or time-limited plans developed by the State Forester to implement forest
management plans call for supplemental planning and/or modified management practices
to help achieve the identified goals for a specific resource.
(B) These
lands will be further classified into one of the following subclasses:
(i) Agriculture,
Grazing or Wildlife Forage — lands where agricultural crops, domestic livestock
grazing values, or wildlife forage values exist and are the focus of the supplemental
planning, modified management practices, or legal requirements described above.
(ii) Aquatic
and Riparian Habitat — lands where aquatic and riparian habitat exists and
where the habitat is the focus of the supplemental planning, modified management
practices, or legal requirements described above.
(iii) Cultural
Resources — lands where cultural resources exist and where those resources
are the focus of the supplemental planning, modified management practices, or legal
requirements described above.
(iv) Deeds
— lands where deed requirements are a focus of the integrated management of
a variety of forest resources.
(v) Domestic
Water Use — lands where individuals or communities have water rights, where
surface water is being used for domestic water use and where the State Forester
determines water quality and/or quantity is a focus of the integrated management
of a variety of forest resources. For the purposes of this section, "domestic water
use" means the use of water for human consumption and other household human use.
(vi) Easements
— lands where contractual obligations are a focus of the integrated management
of a variety of forest resources.
(vii) Energy
and Minerals — lands where commercial quantities of energy or minerals exist,
commercial extraction is occurring or likely to occur, and where those resources
are the focus of the supplemental planning, modified management practices, or legal
requirements described above.
(viii) Plants
— lands where a specific plant species or a community of plants exist and
where those resources are the focus of the supplemental planning, modified management
practices, or legal requirements described above.
(ix) Recreation
— lands that receive moderate or high levels of dispersed recreational use
and where recreation management is the focus of the supplemental planning, modified
management practices, or legal requirements described above.
(x) Research/Monitoring
— lands that are part of a research or monitoring project and where the design
of the project requires supplemental planning or modified management practices.
(xi) Transmission
— lands used for the transmission of energy, materials, data, video, and/or
voice and where the transmission is a focus of the integrated management of a variety
of forest resources.
(xii) Visual
— lands which have been identified as having high or moderate visual sensitivity
according to criteria in a forest management plan and where those visual resources
are the focus of the supplemental planning, modified management practices, or legal
requirements described above.
(xiii) Wildlife
Habitat — lands where wildlife habitat for a specific species or group of
species exists and where that habitat is the focus of the supplemental planning,
modified management practices, or legal requirements described above.
(c) Special
Use areas are those lands for which a forest management plan, habitat conservation
plan, or other legal requirement identifies one or more of the following: a legal
or contractual constraint dominates the management of the lands and precludes the
integrated management of all forest resources; lands are committed to a specific
use and management activities are limited to those that are compatible with the
specific use.
(A) In addition,
other lands may be classified as Special Use areas, where more specific, small-scale,
or time-limited plans developed by the State Forester to implement forest management
plans call for a level of protection or a specific use that precludes the integrated
management of all forest resources.
(B) These
lands will be further classified into the following subclasses:
(i) Administrative
Sites — lands where administrative requirements restrict the integrated management
of forest resources. These lands include but are not limited to building sites,
rock stockpile sites, log storage/sorting sites, and demonstration areas.
(ii) Agriculture,
Grazing, or Wildlife Forage — lands where agricultural crops, domestic stock
grazing, or wildlife forage values exist in a quantity or quality that restricts
the integrated management of forest resources.
(iii) County
or Local Comprehensive Plans — lands identified in county or local comprehensive
plans where the integrated management of forest resources is restricted. Counties
or local governments must take an exception to statewide land use planning Goal
4 for these lands.
(iv) Cultural
Resources — lands where cultural resources exist in a quantity or quality
that restricts the integrated management of forest resources.
(v) Deeds
— lands where deed requirements restrict the integrated management of forest
resources.
(vi) Domestic
Water Use — lands where individuals or communities have water rights, where
surface water is being used for domestic water use and where the State Forester
determines the need to protect water quality or quantity restricts the integrated
management of forest resources. For the purposes of this section, "domestic water
use" means the use of water for human consumption and other household human use.
(vii) Easements
— lands where contractual obligations restrict the integrated management of
forest resources.
(viii) Energy
and Minerals — lands where commercial quantities of energy or minerals exist,
extraction is occurring or likely to occur, and where the extraction restricts the
integrated management of forest resources.
(ix) Operationally
Limited — lands where current technology or engineering techniques are considered
by the State Forester to be inadequate to reasonably ensure that integrated management
practices would not cause significant long-term adverse effects. The State Forester
may limit, restrict, or prohibit management activities in these areas as needed
to protect forest resources or to accomplish the management goals for surrounding
areas.
(x) Recreation
— lands devoted to concentrated, formal recreation, or public education that
restricts the integrated management of forest resources. These lands include but
are not limited to campgrounds, forest parks, waysides, rest areas, and interpretive
centers.
(xi) Research/Monitoring
— lands that are part of a research or monitoring project and the design of
the project restricts the integrated management of forest resources.
(xii) Transmission
— lands dedicated to the transmission of energy, materials, data, video and/or
voice and where integrated management of forest resources is restricted. These lands
include but are not limited to power lines, pipelines, and communication sites.
(xiii) Visual
— lands subject to laws or regulations related to visual qualities or lands
where the management practices needed to meet visual management objectives dominate
over the integrated management of forest resources.
(d) High
Value Conservation Areas are lands for which a forest management plan, habitat conservation
plan, or other legal requirement identifies areas in the landscape which need to
be appropriately managed in order to maintain, enhance, or restore important conservation
values and one or more of the following: a legal or contractual constraint dominates
the management of the lands and directs the management of forest resources; lands
are committed to a specific conservation value and management activities are limited
to those that are compatible with achieving goals for the specific conservation
value.
(A) In addition,
other lands may be classified as High Value Conservation Areas, where more specific,
small-scale, or time-limited plans developed by the State Forester to implement
forest management plans call for a level of resource protection that directs the
management of forest resources.
(B) These
lands will be further classified into the following subclasses:
(i) Aquatic
and Riparian Habitat — lands where aquatic or riparian habitat exists and
where a legal requirement or the need to protect the habitat directs management
of forest resources.
(ii) Unique,
Threatened or Endangered Plants — lands where a specific plant species or
a community of plants exist and where a legal requirement or the need to protect
the plant(s) directs management of forest resources.
(iii) Wildlife
Habitat — lands where a legal requirement or the need to maintain, protect,
or enhance a wildlife habitat directs management of forest resources.
(4) Types
of Management.
(a) General
Stewardship lands shall be actively managed, in compliance with OAR 629-035-0020,
to provide healthy, productive, and sustainable forest ecosystems that over time
and across the landscape provide a full range of social, economic, and environmental
benefits to the people of Oregon. Lands within this classification which are designated
as Silviculturally Capable will be actively managed to meet the requirements of
629-035-0020(2). Lands within this classification which are designated as Non-Silviculturally
Capable are not managed for sustainable timber harvest and revenues, but are managed
to be consistent with the remaining management direction provided by 629-035-0020(2).
All management practices shall be consistent with the direction provided by 629-035-0020(3).
(b) Focused
Stewardship lands shall be managed in the manner provided for General Stewardship
lands in the preceding subparagraph. However, because one or more specific forest
resources on these lands require a heightened or focused awareness, supplemental
planning and/or modified management practices may be required to achieve the goals
of forest management plans, habitat conservation plans or legal requirements. Management
practices may be modified to emphasize the protection and management of identified
forest resources, but the practices will be consistent with the direction provided
by OAR 629-035-0020(3) and will avoid long-term adverse impacts to the specified
resources.
(c) Special
Use areas shall be managed for a specific forest use. Integrated management is conducted
on these lands to the extent possible without interfering with the management of
the specific forest use. Management practices will be modified to emphasize the
protection and management of identified forest uses and will avoid long-term adverse
impacts to the specified resources.
(d) High
Value Conservation Areas shall be managed for a specific conservation value. Forest
management may be conducted to the extent that forest management activities promote
the conservation values and are consistent with applicable legal requirements and
will avoid long-term adverse impacts to the specified conservation value.
(5) Range
of Management Activities.
(a) On lands
classified for General Stewardship, all management activities that meet or exceed
the requirements of applicable state and federal laws, habitat conservation plans
and forest management plans are allowed.
(b) On lands
classified for Focused Stewardship, all management activities that meet or exceed
the requirements of applicable state and federal laws, habitat conservation plans
and forest management plans are allowed. However, management activities may require
supplemental planning and/or modified practices to achieve the goals identified
in the forest management plans for the specific forest resources. Management of
the specific forest resources may have minor effects on the management of other
forest resources, but will not preclude the integrated management of forest resources.
(c) On lands
classified for Special Use or High Value Conservation Areas, management activities
that protect, maintain, enhance, or restore the specific forest uses or conservation
values, or are necessary to comply with the legal requirements, are allowed. Management
of other forest resources on these lands must have no significant long-term adverse
effect on the specific forest use or conservation value which required the classification.
(6) Resources
Addressed.
(a) The General
Stewardship classification will provide for management of all resources included
in Forest Management Plans. All resources may not be treated equally on every acre,
but across the landscape the resources will be managed to meet the goals identified
in the Forest Management Plans.
(b) The Focused
Stewardship classification will provide for management of all resources included
in Forest Management Plans. Lands having forest resources described in a subclass
designation will be assigned to that subclass. The subclass designation will be
used to identify the specific forest resources that, with supplemental planning
and/or modified management practices, can be managed in an integrated approach with
other forest resources. All resources may not be treated equally on every acre,
but across the landscape the resources are managed to meet the goals identified
in the Forest Management Plans.
(c) The Special
Use and High Value Conservation Area classifications address all forest resources
included in the Forest Management Plan that meet the distinguishing characteristics
of these classifications. Lands having forest resources described in a subclass
designation will be assigned to that subclass. The subclass designation will be
used to identify the specific forest resources or uses that are the emphasis of
the management of these lands.
(7) Forest
Land Management Classification Considerations. The following considerations apply
to Forest Land Management Classifications:
(a) Prescriptions
are not part of Forest Land Management Classifications. Prescriptions will be based
upon goals and strategies in a forest management plan, statutory, or contractual
requirements, and site-specific conditions.
(b) The identification
and mapping of streams, wetlands, and the associated Aquatic and Riparian Habitat
subclasses will be based upon criteria in Forest Management Plans and habitat conservation
plans and will be accomplished using existing information or map-based estimates.
The information will be updated through watershed assessments, planning for site-specific
management activities or site-specific field visits conducted over time. The updated
information will be used to determine any changes that may be needed to the classification
of aquatic and riparian habitat.
(c) Land
management classifications will be applied to broad geographic areas. Normally,
areas smaller than five acres will not be classified, but will be included as part
of an adjacent classification. Areas smaller than five acres will only be classified
where specific information exists and the classification will be meaningful for
making decisions on management activities.
(d) The boundary
lines shown on maps for forest land management classifications are approximate locations.
Exact locations of boundary lines will be determined on the site and will depend
upon the conditions that exist on the site. Management activities will be conducted
based upon boundaries determined on site rather than boundaries shown on maps.
(e) More
than one classification or subclass may be assigned to a parcel of land. Where this
occurs, the resource requiring the highest level of protection will determine the
management approach. For example, if a Focused Stewardship resource and a High Value
Conservation Area resource exist on the same parcel, then the High Value Conservation
Area resource will be given the emphasis in the management of the resources. If
multiple resources exist on a parcel and they are all within the same classification
i.e. Focused Stewardship or High Value Conservation Area, the management approach
will seek to achieve the goals for all of the identified resources to the maximum
extent practicable.
(f) For the
purposes of protecting threatened and endangered species and certain specific sites
used by threatened and endangered species, locations of specific sites, such as
nest trees and roosting trees, will not be displayed on classification maps. Broader
geographic areas within which the sites exist will be displayed. The appropriate
size of the area to be displayed may vary with the specific site.
Stat. Auth.: ORS
526.016(4)

Stats. Implemented:
ORS 530.050

Hist.: DOF
1-1999, f. & cert. ef. 5-13-99; DOF 1-2013, f. 6-14-13, cert. ef. 7-1-13
629-035-0060
Changes to Forest Land Management Classifications
The State Forester may make changes to the district land management classification maps as follows:
(1) Minor changes. The District Forester may recommend minor changes to the Area Director for approval. The District Forester may offer a 30-day public comment period prior to making any recommendations and shall forward any public comments with the recommendations to the Area Director for approval.
(2) Major changes. The District Forester may recommend major changes to the Area Director for review and the State Forester for approval. Prior to seeking approval, the district shall offer a 30-day public comment period on the proposed changes. Any public comments received shall be submitted to the State Forester with the request for approval.
(3) As used in this section:
(a) "Minor change" means:
(A) Any change in Land Management Classification that affects 160 acres or less, and involves land classification within, but not across, the Land Base Designation classes of Silviculturally Capable or Non-Silviculturally Capable; or
(B) Any change that affects ten acres or less involving land classification changes across the Land Base Designation classes of Silviculturally Capable or Non-Silviculturally Capable, and the District Forester determines this change is not likely to substantially affect the management of forest resources.
(b) "Major change" means any change not defined as minor. Minor changes within a district that cumulatively exceed 500 acres within one year shall be deemed a major change.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0070
Forest Land Exchanges and Acquisitions
(1) The District Forester shall recommend an amendment to the district land designations and management classifications of state-owned forest lands under OAR 629-035-0040 to 629-035-0050 when lands are added to or removed from the district land base.
(2) The District Forester shall provide a 30-day public comment period on the proposed amendments.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0080
Public Involvement
(1) The goals for public involvement in forest land planning are:
(a) To seek insight, opinions, and data on planned management actions on state-owned forest lands.
(b) To build understanding, acceptance, and support for the forest resource management planning processes and decisions.
(c) To offer information to the public about forest systems and forest stewardship.
(d) To provide the public with meaningful opportunities to comment and affect planning decisions at a time when public involvement can contribute positively to the planning decisions under consideration.
(2) Opportunities for public involvement shall be appropriate to the planning decision under consideration and shall include one or more of the following: general public access to decisions, a public comment period, a Board meeting, public meeting, public hearing, or focused technical review.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0090
Consultation with Forest Trust Land Advisory Committee
As provided in ORS 526.156(3), the Forest Trust Land Advisory Committee shall advise the Board and the State Forester on the management of lands subject to the provisions of 530.010 to 530.170, and on other matters in which counties may have a responsibility pertaining to forest land. The Board and the State Forester shall consult with the committee with regard to such matters.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 526.156(3)

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98
629-035-0100
Existing Long Range Plans
(1) The Board considers long range plans approved by the Board prior to the effective date of these rules to be consistent with OAR 629-035-0010 to 629-035-0090 and directs the State Forester to manage the forest lands covered by the plans according to those plans until the plan is modified or a new plan is adopted. Any modification of existing plans or any new plan shall be adopted in accordance with the provisions of 629-035-0010 to 629-035-0090.
(2) Initial forest land base designations and management classifications developed pursuant to OAR 629-035-0040 through 629-035-0055 must be submitted to the State Forester for approval within one year of the adoption of an amended or new Forest Management Plan.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.010 - ORS 530.050

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98; DOF 1-2001(Temp), f. & cert. ef. 1-12-01 thru 7-10-01; DOF 4-2001, f. 4-26-01, cert. ef. 7-11-01
629-035-0105
Adopted Forest Management Plan Documents
(1) The following forest management
plan documents have been adopted and incorporated by reference into this division:
(a) Northwest Oregon State Forests
Management Plan, Revised Plan, April 2010;
(b) Southwest Oregon State Forest
Management Plan, Revised Plan, April 2010; and
(c) Elliott State Forest Management
Plan, November 2011, effective January 1, 2012.
(2) The forest management plan
documents which have been incorporated by reference into this division are maintained
by the State Forester at the Oregon Department of Forestry’s headquarters
in Salem, Oregon.
Stat. Auth.: ORS 526.016(4)
& 526.041

Stats Implemented: ORS 530.050

Hist: DOF 2-2001, f. & cert.
ef. 1-19-01; DOF 2-2010, f. & cert.ef. 6-22-10; DOF 3-2011, f. 12-7-11, cert.
ef. 1-1-12
629-035-0110
Management of Common School Fund Lands
Common School Fund Lands managed by the State Forester under an agreement with the State Land Board shall be managed consistent with OAR 629-035-0030 through 629-035-0100 if the Agreement or the State Land Board so directs.
Stat. Auth.: ORS 526.016(4)

Stats. Implemented: ORS 530.490 - ORS 530.500

Hist.: DOF 2-1998; f. 1-15-98, cert. ef. 3-1-98

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