Oregon Administrative Code

629-031-0035 Purchaser Disqualification and Termination of Contracts (1) The State Forester shall keep a record of any person who violates the requirements of OAR’s 629-031-0005 to 629-031-0040. (2) A person whose name appears on the record for violations as stated in section (1)…

629-031-0040 Log Branding and Marking Requirements All unprocessed state timber or logs originating from state timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of the wood one end of a…

629-031-0045 Enforcement Investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the State Forester, or contracted by the State Forester to other state or federal agencies. Any alleged vi…

629-032-0000 Purpose (1) The purpose of these rules is to provide a uniform procedure governing defaults on Board of Forestry timber sale contracts involving Board of Forestry lands or lands managed under agreement with the State Land Board. (2) The provisions of OAR 629-032-0000…

629-032-0005 Definitions (1) “Contract” means a contract for the sale of timber made under the provisions of ORS 530.050 and 530.059 or under agreement with the State Land Board. (2) “Default” means the purchaser’s failure to correct a violation as directed by the forester within…

629-032-0030 Notice of Default to Purchaser (1) Whenever the forester finds there is a violation of any provision of the contract, the forester may suspend operations in accordance with the provisions of the contract. If the violation is not corrected within the time specified by…

629-032-0050 Contested Case Hearing (1) Within 15 days of the date of the Notice of Default from the forester stating the reason for the default and effective date of the default, the purchaser may request a contested case hearing before the forester to determine whether a defaul…

629-032-0070 Provisions If the Forester determines a contract is in default, the following provisions apply to all defaults governed by OAR 629-032-0000 through 629-032-0050: (1) The following shall be retained by the forester or maintained in full effect until contract damages h…

629-033-0000 Scope These rules apply to the exchange of lands designated as state forests lands as provided in ORS 530.010. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01

629-033-0005 Definitions (1) "Board" means the Oregon Board of Forestry. (2) "Board of Forestry Lands" means lands owned by the Board of Forestry under ORS Chapter 530. (3) "Department" means the State of Oregon, Department of Forestry. (4) "District" means a defined geographic a…

629-033-0010 Purpose for Acquisitions and Exchanges The acquisition or exchange of state forest lands is appropriate when: (1) The transaction furthers the purposes of ORS 530.010, the acquisition of lands chiefly valuable for the production of forest crops, watershed protection …

629-033-0015 Long Range Acquisition and Exchange Plans (1) Each district of the Department shall prepare a long-range acquisition and exchange plan outlining the key parcels proposed for exchange or acquisition within that district. The acquisition and exchange plan shall describ…

629-033-0020 Land Status, Designation, and Classification (1) ORS 530.040 requires that all lands received in exchange shall have the same status and be subject to the same provisions of law as the lands given in exchange. Status means the designation of the lands as Board of For…

629-033-0025 Approvals (1) Exchanges of state forest lands between counties shall first be approved by the County Court or Board of County Commissioners of the counties affected. (2) All exchanges of state forest land that require a monetary payment in excess of ten percent of th…

629-033-0030 Public Hearings (1) As required by ORS 530.040(3), a public hearing on all acquisitions or exchanges of state forest land shall be held at the courthouse of the county or counties in which the lands are situated. (2) Notice of such hearing shall be given by publicati…

629-033-0035 Monetary Consideration in Exchanges The Department may consider the receipt of land, monetary consideration, or other assets to equalize values of the parcels being exchanged. The Department must, however, receive approval in concept from the Board of Forestry when t…

629-033-0040 Timber Harvest of Potential Exchange Parcels The Department may harvest a parcel that has been identified for exchange prior to approval of the exchange by the Board when: (1) The harvest of the parcel aligns with achieving the goals of applicable forest management p…

629-033-0045 Valuation of Acquisition or Exchange Parcels (1) The value of any asset in an acquisition, including land, timber and other assets, is equal to the price a prudent purchaser would pay in accordance with accepted appraisal practices. Unless the Board of Forestry finds…

629-033-0050 Mineral Interests (1) As required by OAR 141-073-0115 the relinquishment of any mineral rights required in any exchange involving state forest land parcels less than ten acres in size shall be approved by the Division of State Lands. (2) As required by OAR 141-073-01…

629-033-0055 Appeal of Board Approval (1) As used in this section, "Aggrieved Party" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character who: (a) Is adversely affected by a Board decision to appr…

629-034-0005 Definitions As used in OAR 629-034-0005 to 629-034-0015, unless the context requires otherwise: (1) “Agreement” means a memorandum of understanding, signed by the Forester and TPSO which describes the terms and conditions for TPSO scaling of state log loads. (2) “For…

629-034-0010 Purpose The purpose of this rule is to: (1) Require a TPSO to enter into an agreement with the State before the TPSO is authorized to scale log loads sold under state timber sale contracts; (2) Outline scaling facility requirements which will promote consistent, accu…

629-034-0015 Third Party Scaling Agreement and Scaling Facility Requirements (1) All state logs sold on a scale recovery basis shall be scaled only at approved locations by an authorized TPSO. (2) In order to be authorized, a TPSO must enter into an agreement, on a form provided …

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…

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…

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…

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 lan…

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…

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. T…

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 …

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 int…

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 …

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 t…

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 managem…

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 matte…

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 a…

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 Fo…

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…

629-041-0005 Definitions (1) The definitions set forth in ORS 477.001 apply to OAR chapter 629, divisions 041 through 046, unless the context otherwise requires. (2) The following words and phrases, when used in OAR chapter 629, divisions 041 through 043, are defined as follows, …

629-041-0010 Actual Cost Formulas (1) In the event that a fire burns over forest land which includes both grazing land and timberland, the actual cost for grazing land and timberland shall be determined in accordance with the following formulas: (a) Ratio of fire fighting costs a…

629-041-0020 Cost Limitations The annual cost of fire protection provided by the Forester for forest land within any forest protection district, as designated in ORS 477.230 and 477.285, shall not include any of the following: (1) That part of any salary or wage which is in exces…

629-041-0035 Appeals and Hearings Before the State Board of Forestry (1) Any request of an owner of grazing land or timberland to appeal a forest protection district budget to the State Board of Forestry under ORS 477.260(1) must be made in writing, to the State Forester, and mus…

629-041-0100 Procedures for Contracts, Agreements and Renewals (1) Pursuant to ORS 477.406(2), all agreements entered into by the forester or by a forest protective association, with each other, with a federal or state agency, political subdivision, corporation, responsible organ…

629-041-0200 Confidentiality and Inadmissibility of Mediation Communications Pursuant to ORS 36.224, the Department of Forestry adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018. Statutory/Other Authority: ORS 526.016 & …

629-041-0500 Purpose The purpose of OAR 629-041-0500 to 629-041-0575 is to set forth the boundaries of Forest Protection Districts, pursuant to ORS 477.225, and thereby identify the lands to which the applicable duties, requirements and penalties of ORS Chapter 477 and 526 shall …

629-041-0505 Definitions (1) The definitions set forth in ORS 477.001 and OAR 629-041-0005 shall apply to 629-041-0500 to 629-041-0575, unless the context otherwise requires. (2) The following words and phrases, when used in OAR 629-041-0500 to 629-041-0575, shall mean the follow…

629-041-0510 Administration (1) Pursuant to ORS 477.225, district boundaries may be changed only after a public hearing. A public hearing conducted for the purposes of amending OAR 629-041-0500 to 629-041-0575 shall be deemed to be the hearing required by ORS 477.225. (2) Distric…

629-041-0515 Central Oregon Forest Protection District Boundary The area within the Central Oregon Forest Protection District is contained within the boundaries of five units described in subsections (1), (2), (3), (4), and (5) of this rule. (1) The boundary of the Baldy Unit of …

629-041-0525 Coos Forest Protection District Boundary The boundary of the Coos Forest Protection District is as follows: Beginning at the point where the southern boundary of Oregon, as set forth in ORS 201.005, and the ocean shore line of vegetation, as set forth in ORS 390.770,…

629-041-0530 Douglas Forest Protection District Boundary The boundary of the Douglas Forest Protection District is as follows: Beginning at the northwest corner of the southwest quarter of section 19, township 21 south, range 8 west, Douglas County; thence east to the northwest c…