Oregon Administrative Code

629-041-0540 Klamath-Lake Forest Protection District Boundary The boundary of the Klamath-Lake Forest Protection District is as follows: Beginning at the point where the common boundary of Jackson County and Klamath County, as set forth in ORS 201.150 and 201.180, intersect with …

629-041-0547 North Cascade Forest Protection District Boundary The boundary of the North Cascade Forest Protection District is as follows: Beginning at the point where the common line of township 1 north, range 4 east and township 1 north, range 5 east intersect with the line of …

629-041-0550 Northeast Oregon Forest Protection District Boundary The boundary of the Northeast Oregon Forest Protection District is as follows: Beginning at the point where the common line of township 36 east and township 37 east intersect with the northern boundary of the state…

629-041-0555 Northwest Oregon Forest Protection District Boundary The boundary of the Northwest Oregon Forest Protection District is as follows: Beginning at the point where the ocean shore line of vegetation, as set forth in ORS 390.770, and the line of ordinary high water of th…

629-041-0557 South Cascade Forest Protection District Boundary The boundary of the South Cascade Forest Protection District is as follows: Beginning at the point where the boundary of the North Cascade Forest Protection District, as set forth in OAR 629-041-0547, passes through t…

629-041-0560 Southwest Oregon Forest Protection District Boundary The boundary of the Southwest Oregon Forest Protection District is as follows: Beginning at the point where the common boundary of Curry County and Josephine County, as set forth in ORS 201.080 and 201.170, interse…

629-041-0565 Walker Range Forest Protection District Boundary The boundary of the Walker Range Forest Protection District is as follows: Beginning at the point where the boundaries of Deschutes County, Klamath County and Lane County, as set forth in ORS 201.090, 201.180 and 201.2…

629-041-0570 West Oregon Forest Protection District Boundary The boundary of the West Oregon Forest Protection District is as follows: Beginning at the point where the common line of section 10 and section 15, township 6 south, range 11 west and the ocean shore line of vegetation…

629-041-0575 Western Lane Forest Protection District Boundary The boundary of the Western Lane Forest Protection District is as follows: Beginning at the point where the common boundary of Lane County and Lincoln County, as set forth in ORS 201.200 and 201.210, intersect with the…

629-042-0005 Forest Protection Plans Pursuant to ORS 477.210(2), a forest protection plan filed by a owner of forestland shall include the following information, before consideration of approval by the Oregon Board of Forestry: (1) A complete legal description of the forestland t…

629-042-0100 Liability of Forestland Owner or Operator; Further Defined (1) Under ORS 477.120(6), “if a fire originates while an operation is in progress, there is a presumption, under 40.120, that the fire originated as a result of the operation.” “Operation in progress” as defi…

629-042-1000 Purpose The purpose of OAR 629-042-1005 to 629-042-1070 is to set forth the standards, requirements, and procedures by which the Certified Burn Manager program will be operated, pursuant to ORS 526.360(3). Statutory/Other Authority: ORS 526.360 Statutes/Other Impleme…

629-042-1005 Definitions (1) The definitions set forth in ORS 526.005, ORS 477.001, and OAR 629-041-0005 shall apply to OAR Chapter 629, Division 042. (2) The following words and phrases, when used in OAR Chapter 629, Division 042, shall mean the following: (a) "Accreditation" me…

629-042-1010 Intent (1) The Certified Burn Manager program is intended to provide oversight of training and certification concerning the safe and effective use of prescribed burning and to promote the use of prescribed burning for the purposes outlined in ORS 526.360. (2) Partici…

629-042-1015 Certified Burn Manager certification requirements. Certificates generally. (1) A certificate shall be issued only to an individual. Entities other than an individual, including but not limited to partnerships, corporations, and limited liability companies, are not el…

629-042-1020 Certified Burn Manager certification requirements. Application procedures. Individuals applying for a Certified Burn Manager certificate shall provide to the State Forester's Representative: (1) A properly completed field certification book showing that the applicant…

629-042-1025 Certified Burn Manager certification requirements. Training. (1) The Forester shall provide a field certification book. An applicant for a certificate must complete a field certification book prior to applying for an initial certificate, or applying for a new certifi…

629-042-1030 Certified Burn Manager certification requirements. Tests. (1) The Forester: (a) Shall provide for the development and administration of all tests required by this rule; (b) Shall establish a passing score for all tests required by this rule; (c) May not administer th…

629-042-1035 Certified Burn Manager certificate investigation and revocation procedures (1) The Forester may investigate any reported or observed dangerous or adverse situations for which a Certified Burn Manager has been alleged to be responsible. (a) Upon the receipt of an alle…

629-042-1040 Certified Burn Manager required actions and activities (1) A Certified Burn Manager shall: (a) Prepare or review a prescribed burn plan prior to ignition of a prescribed burn that they will supervise. The plan shall be prepared in a format approved by the Forester; a…

629-042-1045 Certified Burn Manager prohibited actions and activities (1) A Certified Burn Manager may not use a certificate as the authority to supervise prescribed burning unless the burning is conducted pursuant to ORS 526.360(1). (2) A Certified Burn Manager may not terminate…

629-042-1050 Limitations on the use of Certified Burn Managers A Certified Burn Manager shall only supervise: (1) Prescribed burning activities as identified within an approved prescribed burn plan; (2) Prescribed burning for which they are certified to conduct; and (3) Prescribe…

629-042-1055 Landowner required and prohibited actions (1) A landowner who uses a Certified Burn Manager to supervise a prescribed burn shall: (a) Make a bona fide attempt to notify all adjacent landowners about the prescribed burn. The attempt must be made in a timely manner, in…

629-042-1060 Certified Burn Manager Advisory Committee (1) A Certified Burn Manager Advisory Committee shall provide recommendations to the Forester in administering the Certified Burn Manager program as described in ORS 526.360(3). (2) The Certified Burn Manager Advisory Committ…

629-042-1065 Training Provider Accreditation, Suspension, and Revocation (1) A training provider shall obtain accreditation from the Forester prior to conducting or documenting training required by OAR 629-042-1025. (2) To request accreditation, prospective training providers sha…

629-042-1070 Fees (1) To cover the cost of materials and testing for the Certified Burn Manager program, the application fee for an initial certificate shall be $50.00. (2) Training providers may charge reasonable fees for the training they provide or document. Statutory/Other Au…

629-042-2000 Purpose The purpose of OAR 629-042-2000 to 629-042-2060 is to set forth the standards, requirements, and procedures by which the Prescribed Fire Liability Pilot Program will be operated, pursuant to Sections 14 – 17, chapter 611, Oregon Laws 2023. Statutory/Other Aut…

629-042-2010 Definitions (1) “Claimant” means: (a) Any party that has incurred economic or property damages as described in ORS 477.089(2); or (b) The State Forester or forest protective association that has borne recoverable suppression expenses as described in ORS 477.068, and …

629-042-2020 Enrollment (1) Prior to burning, the entity conducting the burning must enroll the Prescribed Fire or Cultural Burn to reserve liability coverage on the Oregon Prescribed Fire Liability website. (2) Enrollment does not guarantee fund availability. (3) Enrollment may …

629-042-2030 Damages (1) Damages eligible for a claim include: (a) Economic and property damage that occurs outside of a planned burn unit; (b) Property (real and personal) damage, personal injury and death; (c) Smoke damage to real property, other than to agricultural or natural…

629-042-2040 Claim Eligibility Requirements To be eligible for reimbursement, a claim must meet the following conditions: (1) The Prescribed Fire or Cultural Burn was enrolled on the Oregon Prescribed Fire Liability website prior to burning. (2) The claim was submitted within 14 …

629-042-2050 Claim Considerations (1) Claims must be submitted in the manner indicated on the Oregon Prescribed Fire Liability website. (2) A claim may be denied if it does not meet the criteria in these rules, or Chapter 611, Oregon Laws 2023. (3) Claims that have been denied ma…

629-042-2060 Incident Report Requirements (1) The Oregon Department of Forestry must complete an Incident Report. (2) To be eligible to for reimbursement, the Incident Report must indicate that: (a) The incident was not a result of willful, malicious, or negligence in the origin …

629-043-0005 Snag Falling (1) Pursuant to ORS 477.565(1): (a) Operators must fell all snags which, in the judgment of the forester, constitute a fire hazard, when directed by the forester in written order. (b) The forester may only require the felling of snags which: (A) Are nece…

629-043-0015 Spark Arresters (1) Pursuant to ORS 477.645, any persons operating an internal combustion engine during fire season, on, or within one-eighth of one mile of a forest protection district, must equip and maintain the engine with a spark arrester, which is; (a) In good …

629-043-0020 Water Supply and Equipment for Fire Suppression (1) When operating stationary equipment during fire season inside or within one-eighth of one mile of a forest protection district, pursuant to ORS 477.650, operators must provide the following water supply and equipmen…

629-043-0023 Additional Water Supply and Equipment (1) Pursuant to ORS 477.615, operators must provide a self-propelled motor vehicle equipped with a water tank containing not less than 300 gallons of water and that complies with the capacity, pump, hose, nozzle and readiness req…

629-043-0025 Fire Tools and Fire Extinguishers Pursuant to ORS 477.655, during fire season inside or within one-eighth of one mile of a forest protection district, operators must comply with the following minimum fire tool and fire extinguisher requirements: (1) During an operati…

629-043-0026 Operation Area Fire Prevention (1) Pursuant to ORS 477.625(1)(a), during a fire season, operators must comply with the following reasonable precautions that, in the judgment of the forester, are necessary to prevent the spread of fire on or from an operation area: (a…

629-043-0030 Fire Watch Service (1) Pursuant to ORS 477.665, during fire season inside or within one-eighth of one mile of a forest protection district, operators must comply with the following fire watch requirements. A person performing fire watch service must: (a) Constantly o…

629-043-0036 Power Saws Pursuant to ORS 477.640, any persons operating a power saw during fire season inside or within one-eighth of one mile of a forest protection district must comply with the following fire prevention and suppression requirements: (1) A power saw must be equip…

629-043-0040 Burning Permits (1) Pursuant to ORS 477.515, holders of permits for burning must: (a) Before burning, clear the area immediately around and above the burn site of material that may carry fire; (b) When burning in a barrel or similar container, completely cover the co…

629-043-0050 Slash Hazard Release Under the provisions of ORS 477.580, the Forester will not withhold a release for any fire hazard located west of the summit of the Cascade Mountains after a period of seven years, nor withhold a release for any fire hazard located east of said s…

629-043-0065 Payment for Additional Fire Hazard (1) Pursuant to ORS 477.580(4), when the forester receives payment from an owner or an operator for a release, the monies received shall be used exclusively in the district wherein the additional fire hazard is located, as follows: …

629-043-0070 Operation Closedown (1) Pursuant to ORS 477.625(1)(c) and 477.670, operators west of the summit of the Cascade Mountains shall comply with close down requirements which the forester, in written order, has issued. (2) Pursuant to ORS 477.365(1)(h), the forester may, i…

629-043-0076 Permits to Use Fire or Power-Driven Machinery Pursuant to ORS 477.630, operators or owners shall provide the following information that, in the judgement of the forester, is necessary for the administration of rules promulgated under ORS Chapter 477: (1) The name of …

629-043-0080 Additional Fire Hazard For the purpose of sections(1) and (2) of ORS 477.580, notice of additional fire hazard shall be given to the landowner and operator in writing with instructions for offsetting or abating such fire hazard. Such notice will include one or more o…

629-045-0020 Definitions (1) The definitions set forth in ORS 477.001, 477.205, 526.005, and 526.305 shall apply to OAR 629, division 045, unless the context requires otherwise. (2) The following words and phrases, when used in OAR 629, division 045, shall mean the following unle…

629-045-0025 Identification of Forestland by a Committee (1) A committee shall periodically identify all lands which meet the following criteria: (a) Is within the county or counties of its jurisdiction; and (b) Is a woodland, brushland, timberland, grazing land or clearing that,…

629-045-0030 Classification of Forestland by a Committee (1) All lands identified as forestland, pursuant to OAR 629-045-0025, within a forest protection district, shall be classified by a committee as: (a) Class 1, in accordance with the criteria set forth in section (2) of this…