Oregon Administrative Code

628-020-0010 Process for Determining Producer Class Qualifications The board shall determine producer class qualifications by rule. A three-fourths majority vote of the board shall be required in establishing qualifications. (1) The board shall consider the following factors in d…

628-020-0020 Producer Classifications Producer classifications shall consist of the following: (1) Producers of under 20 million board feet per year; (2) Producers of at least 20 million board feet per year, but under 100 million board feet per year; (3) Producers of at least 100…

629-001-0000 Administrative Rule Notification Prior to the adoption, amendment, or repeal of any rule, the State Forester shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days prior t…

629-001-0003 Definitions The following words, when used in this division shall mean the following unless otherwise required by context: (1) "Board" means the State Board of Forestry. (2) "State Forester" means the State Forester or the duly authorized representative of the State …

629-001-0005 Model Rules of Procedure The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General effective January 1, 2024 are hereby adopted as the rules of procedures of the Board of Forestry and the State Forester. [ED. NOTE: The …

629-001-0010 Agency Representation by Officer or Employee (1) Subject to the approval of the Attorney General, an officer or employee of this agency is authorized to appear on behalf of the agency in the following types of hearings conducted by this agency: (a) Hearings arising o…

629-001-0015 Rules of Procedure for Contested Cases; Applicability The rules of procedure in this Division, OAR 629-001-0010 to 629-001-0055, apply to all contested cases before the board and State Forester, unless otherwise provided by law, and are in addition to the procedural …

629-001-0020 Requesting Hearings (1) All requests for hearing shall be made in writing, within the time period provided by statute or rule. (2) All requests shall specifically state the issues to be addressed and the relief sought. (3) Requests for hearing involving civil penalti…

629-001-0025 Conduct of Hearings (1) Unless otherwise provided by law or order of the board or State Forester in a specific case, contested case hearings will be conducted by an administrative law judge, who shall prepare a proposed order for consideration by the board or State F…

629-001-0030 Transmittal of Questions to the Agency (1) Questions transmitted to the agency, as provided for in OAR 137-003-0635 in the Attorney General’s Model and Uniform Rules, shall be transmitted to the State Forester. (2) Response may be made by the State Forester or the St…

629-001-0035 Immediate Review by Agency (1) Matters referred to the agency for immediate review, as provided for in OAR 137-003-0640 in the Attorney General’s Model and Uniform Rules, shall be transmitted to the State Forester. (2) Rulings on requests for immediate review may be …

629-001-0040 Exceptions to Proposed Orders (1) In all cases in which the administrative law judge is to issue a proposed order, exceptions by a party or the agency must be filed in the manner and time specified by the administrative law judge, making allowance for any statutory t…

629-001-0045 Final Orders in Contested Cases (1) Following hearing, the administrative law judge will prepare the record and proposed order for filing with the board as expeditiously as possible. In the case of hearings related to orders of the State Forester pursuant to ORS 527.…

629-001-0050 Reconsideration and Rehearing As a condition of judicial review, a party must file a petition for reconsideration or rehearing with the person or body which rendered the final order in the proceeding. The petition must state with specificity the grounds for objection…

629-001-0055 Delegation of Authority to State Forester In addition to any duties and responsibilities conferred upon the State Forester by law or delegation of authority from the Board of Forestry, the State Forester may, with regard to the administration of contested cases: (1) …

629-001-0057 Delegation of Authority to State Forester — Responding to Claims under ORS 197.352 (1) This rule delegates to the State Forester certain duties and responsibilities to carry out the authorities of the Board of Forestry and the Department in responding to claims under…

629-010-0005 Board Administration — Definitions The following words and phrases, when used in this division shall mean the following unless the context otherwise requires: (1) “Board” means the Board of Forestry of the State of Oregon. (2) “Chairperson or Chairman” means the Chai…

629-010-0010 Rules of Order Roberts Rules of Order are adopted for the conduct of meetings of the Board and committees of the Board; however, Oregon statutes, specific rules of order adopted by the Board, or actions of the Board will take precedence over Roberts Rules of Order. R…

629-010-0020 Chairperson Under the provisions of ORS 526.009(1), the Chairperson has the following powers and duties: (1) The duties of a presiding officer as prescribed by Roberts Rules of Order. (2) The duty to appoint standing and ad hoc committees. (3) Pursuant to ORS 526.016…

629-010-0030 Agendas The Secretary shall send an agenda together with the minutes of previously held committee meetings and the minutes of the last Board meeting to all members of the Board prior to each Board meeting. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710,…

629-010-0040 Order of Business The order of business of Board meetings shall be determined by the Chairperson in cooperation with the State Forester. At the request of any two Board members, the Chairperson shall include a specific item on the agenda. Statutory/Other Authority: O…

629-010-0050 Quorum A majority of the members of the Board or a committee constitutes a quorum to do business. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1) Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4) History: FB 3-1992, …

629-010-0060 Meetings and Notice The Secretary shall follow the procedures established by the Attorney General for giving notices of Board and committee meetings. Unless a meeting is called exclusively for the purpose of holding an executive session pursuant to ORS 192.660, copie…

629-010-0080 Committees The Chairperson may appoint standing committees or ad hoc committees to consider matters of Board responsibility which are not feasible to be handled by the Board as a whole. Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.04…

629-010-0090 Attendance In accordance with ORS 182.020, the Secretary shall submit a copy of the minutes of each Board meeting to the Governor or the Governor’s Assistant including members present and absent with an attachment indicating the members’ reason for absence. Statutory…

629-010-0100 Compensation of Board Members If a Board member should elect to decline payment for compensation as set forth by ORS 292.495, the Board member shall submit a signed statement to that effect on forms available from the Administrative Secretary of the Forestry Departme…

629-010-0200 Public Records — Charges for Copying and Purchasing Public Records Pursuant to ORS 192.430 and 192.440, the Department of Forestry establishes the following fees and section: (1) Copy Charges: (a) Fees will not be charged for copies of public records, which the State…

629-010-0210 Parking at Department-Owned Facilities — Purpose of Rule The Department of Forestry has developed OAR 629-010-0210 through 629-010-0230 to describe the Department’s policy regarding parking at facilities owned or controlled by the Department in compliance with ORS 27…

629-010-0220 Definition "Department” means State of Oregon, Department of Forestry. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 276.595 History: FB 8-1996, f. & cert. ef. 11-7-96

629-010-0230 Procedures The following procedures shall apply: (1) The Department under the authority granted by ORS 276.595, shall maintain a policy of not charging parking fees for vehicles or other equipment at all facilities owned or controlled by the Department. (2) This poli…

629-020-0000 Purpose The purpose of these rules is to establish the procedures used by the Department of Forestry in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and OAR 660, divisions 030 and 031. The State Agency Coordination …

629-020-0010 Applicability This division is applicable to the following Department “land use” programs: (1) Administrative Services; and (2) State Forest Management; and (3) Any other Department program subsequently determined to affect land use pursuant to ORS 197.180 and OAR 66…

629-020-0020 Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations Prior to undertaking any action or program listed in OAR 629-020-0010, the Department shall find that the program or action complies with the…

629-020-0030 Compliance with the Statewide Planning Goals (1) The Department shall attempt to achieve goal compliance whenever possible by taking actions that are compatible with the acknowledged comprehensive plans of the applicable local governing body. (2) Except where it is n…

629-020-0040 Compliance with Acknowledged Comprehensive Plans and Land Use Regulations (1) In order to approve or undertake a capital construction project, capital improvement project, property development project or land acquisition project under the Administrative Services Prog…

629-020-0050 Dispute Resolution It is the intent of the Department to achieve compatibility between Department land use programs and acknowledged comprehensive plans and land use regulations whenever possible. However, a situation may occur where the Department believes its statu…

629-020-0060 Compliance and Compatibility of New or Amended Land Use Programs The Department will use the following procedures to assure that new or amended agency rules and programs affecting land use will comply with the statewide goals and be compatible with acknowledged compr…

629-020-0070 Coordination with Affected State and Federal Agencies and Special Districts The Department shall coordinate with state and federal agencies and special districts on Department projects or actions affecting land use when necessary. Additionally, the Department may coo…

629-020-0080 Cooperation and Technical Assistance to Local Governments (1) Subject to statutory and budgetary limitations, the Department: (a) May provide technical assistance and information to local government; (b) May participate in local land use planning and regulations, inc…

629-021-0100 Purpose (1) Improving fish and wildlife habitat and water quality cannot succeed through laws and government actions alone. These rules implement ORS 541.973 which reflects and depends upon Oregonians characteristic spirit of volunteerism and stewardship. The rules p…

629-021-0200 Definitions The following definitions apply to OAR 629-021-0100 through 629-021-1100. (1) "Landowner" means the owner identified in the management plan and any agent or consultant authorized by the owner to implement the management plan. (2) "Stewardship agreement" m…

629-021-0300 Stewardship Agreement Application Process (1) Landowner must submit a written application on a form provided by the Departments. Information required includes: (a) Name, contact information, property location, total acres, county, etc. (b) Name of watershed the prope…

629-021-0400 Application Review (1) Applications will be reviewed jointly by the Departments. (2) Application review will include a review of the past record of compliance with applicable laws and regulations regarding land use and management. (3) The Departments will accept appl…

629-021-0500 Criteria to Evaluate Adequacy of a Landowner Management Plan To Meet Purpose of Rules (1) The management plan will include provisions to protect or conserve fish and wildlife habitat, water resources, and soil resources appropriate to the property and consistent with…

629-021-0600 Stewardship Agreement (1) The agreement will include the landowner’s commitment to: (a) Implement the activities and monitoring identified in this agreement for enhancing conservation, restoration, and improvement of fish and wildlife habitat or water quality. (b) Co…

629-021-0700 Decision Authority (1) The State Forester is delegated full authority by the Board of Forestry to implement the provisions of ORS 541.973 and 527.736(4), including but not limited to review of management plans and preparation and approval of stewardship agreements. (…

629-021-0800 Stewardship Agreement Audits (1) The Department(s) will conduct periodic audits with the landowner on lands under a stewardship agreement. (2) The landowner will provide authorization for the Department (or its designated agent) that is party to the stewardship agree…

629-021-0900 Revising Stewardship Agreements (1) The landowner and the Departments will cooperatively revise the stewardship agreement if: (a) The landowner requests a revision; (b) An audit report recommends revising the stewardship agreement; (c) Any portion of the land changes…

629-021-1000 Terminating Stewardship Agreements (1) The appropriate Department will issue a written notice to terminate a stewardship agreement when: (a) The landowner is negligent in meeting the terms of the stewardship agreement; (b) The landowner willfully disregards the terms…

629-021-1100 Periodic Review of Program (1) An interagency review of the Departments’ implementation of the stewardship agreement program will be produced biennially, and presented to the Board of Forestry and Board of Agriculture. This report will include: (a) A description of t…