Oregon Administrative Code

629-048-0140 Smoke Sensitive Receptor Areas A SSRA is an area designated by the board, in consultation with DEQ, which is provided the highest level of protection under the Smoke Management Plan. This is due to its past history of smoke incidents, density of population or other s…

629-048-0150 Criteria for Future Listing of Smoke Sensitive Receptor Areas To ensure continued accomplishment of the Smoke Management Plan objectives, additional SSRAs may be listed according to the following procedures: (1) Not more than once per calendar year, the board must co…

629-048-0160 Bear Creek/Rogue River Valley SSRA The Bear Creek and Rogue River Valley smoke sensitive receptor area listed in OAR 629-048-0140 (3) is defined as beginning at a point approximately one mile NE of the town of Eagle Point, Jackson County, Oregon, at the NE corner of …

629-048-0180 Communication, Community Response Plans, and Exemption Requests (1) ODF Salem headquarters office shall develop and distribute a best-practices communication framework for dissemination through local ODF and federal district offices to their respective local public h…

629-048-0200 Alternatives to Burning (1) When planning forest management prescriptions and particularly final harvests (prior to reforestation), owners are encouraged to use practices that will eliminate or significantly reduce the volume of prescribed burning necessary to meet t…

629-048-0210 Best Burn Practices; Emission Reduction Techniques (1) "Best burn practices" as used in this rule refers to those practices designed to minimize emissions from prescribed burning or accomplish burning at times and under such conditions as to minimize the likelihood t…

629-048-0220 Forecast Procedures (1) There are several concepts and procedural steps involved in accomplishing the Smoke Management Plan objectives, designed to maximize opportunities for accomplishing burning while minimizing the likelihood of public health effects or visibility…

629-048-0230 Burn Procedures (1) Before any prescribed burning is initiated, burn bosses should have a well thought out plan that takes into account: (a) How weather will be monitored and changes in conditions will be communicated; (b) Resources needed and actions taken to reduce…

629-048-0300 Registration of Intent to Burn (1) In all instances of prescribed burning on forestland within a forest protection district, the operator, federal land manager, landowner, or timber owner must first register with the forester all forestland that is intended to be bur…

629-048-0310 Fees for Prescribed Burning (1) Any prescribed burning on forestland subject to level 1 regulation (OAR 629-048-0100) requires payment of a non-refundable registration fee of $.50/acre and upon accomplishment (see section (3) of this rule), a burn fee as further desc…

629-048-0320 Reporting of Accomplishments (1) Accomplishment information for all prescribed burning that takes place on forestland within the regulated area described in OAR 629-048-0100 must be recorded in a manner that details the amount of burning each day and must be reported…

629-048-0330 Emission Inventories (1) In addition to the emissions information collected from prescribed burning under OAR 629-048-0320, the forester will annually estimate, using appropriate models and the best available information on acres burned and fuel type, the emissions p…

629-048-0400 Coordination with Other Regulating Jurisdictions and for Other Pollutants (1) In order to meet the air quality maintenance and visibility objectives of the Smoke Management Plan (OAR 629-048-0120 and 629-048-0130), it is important that the forester, field administrat…

629-048-0450 Periodic Evaluation and Adaptive Management (1) The department is responsible for analysis and evaluation of the prescribed burning operations conducted under the Smoke Management Plan. (2) Reports summarizing annual activities of the program shall be published by th…

629-048-0500 Enforcement (1) Violations of the Smoke Management Plan may be enforced either as violations of the fire prevention statutes and rules (ORS 477.980 to 477.993) or as violations of the forest practice rules (ORS 527.680 to 527.690, 527.990 to 527.992 and OAR 629-670).…

629-051-0210 Management and Control Actions Planned activity to manage forest insects and diseases on private lands will be developed with the consent of the appropriate landowner(s). In the event that a landowner ignores an actual or threatened impact of a forest insect or disea…

629-051-0220 Costs of Control When suppression activities are necessary, the State Forester shall seek to offset the cost of control through contributed funds or labor from affected private landowners and any agency of state or federal government. When private landowners or gover…

629-051-0230 Introduced Pests Introduced forest insects or diseases may present a serious threat to forest resources. In the event of introduction of a new forest insect or disease pest, the State Forester shall cooperate with other responsible federal and state agencies and priv…

629-065-0005 Oregon Forest Resources Institute Election Process — Definitions For purposes of OAR 629-065-0005 through 629-065-0410. (1) "Forest products processing activity" means an activity, conducted at a facility that converts raw logs to finished products; (2) "No direct fi…

629-065-0200 Duty of the State Forester to Appoint/Remove OFRI Members of the Board (1) It is the duty of the State Forester to appoint fully qualified members to the Oregon Forest Resources Institute Board of Directors as vacancies occur. (2) The members of the board of director…

629-065-0210 Make Up of Board — Representation The board shall consist of 11 voting members plus two nonvoting members appointed as follows: (1) Three voting members to represent small producers of 20 million board feet or less per year. (2) Three voting members to represent medi…

629-065-0220 Qualifications Each voting member of the board of directors of the Oregon Forest Resources Institute shall have the following qualifications: (1) Be a citizen of the United States. (2) Be a bona fide resident of this state. (3) Be a producer in this state, an employe…

629-065-0400 Application for OFRI Board Member (1) The State Forester shall annually solicit applications for the OFRI board of directors. The solicitation shall be by publication in a newspaper of general statewide circulation, by solicitation to the OFRI Board of Directors and …

629-065-0410 Appointment Generally (1) Prior to appointing a member to the OFRI board, the State Forester shall furnish names of all applicants to the State Forester to the current OFRI Board for their review and comment. (2) The State Forester shall appoint the best qualified ap…

629-160-0000 Administrative Rule Notification Prior to the adoption, amendment, or repeal of any rule, the Emergency Fire Cost Committee 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 …

629-160-0005 Model Rules of Procedure Pursuant to ORS 183.341, the Emergency Fire Cost Committee adopts the Attorney General's Model Rules of Procedure, effective January 31, 2012. Statutory/Other Authority: ORS 321, 477 & 477.770 Statutes/Other Implemented: ORS 183.335, 183.341,…

629-170-0001 Title, Scope and Effective Date (1) OAR 629-170-0001 through 629-170-0040 are known as the Firefighter Criminal Defense Expenditure rules. (2) As provided in ORS 477.128, the scope of this division is limited to firefighters employed by the State Forestry Department …

629-170-0005 Definitions (1) Terms used in OAR chapter 629, division 170 have the meaning given in ORS 477.001. (2) In addition, as used in this division, (a) “Firefighter” means an employee of the State Forestry Department or of a forest protective association, employed at the t…

629-170-0010 Purpose (1) OAR 629-170-0001 through 629-170-0040 are intended to provide procedures to guide the exercise of authority granted in ORS 477.128 for the State Forestry Department to pay costs and reasonable attorney fees for defense of a firefighter charged with a crim…

629-170-0015 Request for Reimbursement of Defense Costs (1) Prior to any consideration by the State Forester to authorize expenditures under ORS 477.128, at the earliest practicable time after the firefighter reasonably suspects or has been informed of criminal charges being soug…

629-170-0020 State Forester’s Investigation (1) Upon receipt of a request pursuant to OAR 629-170-0015, the State Forester may initiate an investigation into the events and circumstances leading to criminal charges against a firefighter. (2) The State Forester’s investigation mus…

629-170-0025 Determination of Eligibility for Reimbursement (1) If the State Forester finds affirmative answers to the questions in OAR 629-170-0020(2)(a) and (c); and relative to (2)(b) finds that the underlying actions leading to charges did not actually occur as charged, or fi…

629-170-0030 Funding Prior to authorizing expenditures for costs and reasonable attorney fees pursuant to ORS 477.128, the State Forester must determine the source of funding to be used and the amount that may be available for such expenditures. Statutory/Other Authority: ORS 526…

629-170-0035 Written Agreement; Terms of Reimbursement (1) As a condition of authorizing expenditures for costs and reasonable attorney fees pursuant to ORS 477.128, the State Forester may request the firefighter, the firefighter’s legal counsel or both, enter into a written agre…

629-170-0040 Special Case If the firefighter seeking reimbursement of legal costs under this division is the State Forester, all authorities and responsibilities of the State Forester under ORS 477.128 and this division must be delegated to a management service employee of the de…

629-600-0050 Forest Practice Rules OAR chapter 629, divisions 600 through 680 are known as the forest practice rules. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.715 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13

629-600-0100 Definitions As used in OAR chapter 629, divisions 603 through 669 and divisions 680 through 699, unless otherwise required by context: (1) "Abandoned resource site" means a resource site that the State Forester determines is not active. (2) "Abandoned roads" are defi…

629-603-0000 Adaptive Management Program Purpose (1) The purpose of the adaptive management program rules is to provide science-based recommendations and technical information to assist the Board of Forestry in determining when it is necessary or advisable to adjust rules, guidan…

629-603-0100 Adaptive Management Program Overview (1) The adaptive management program must: (a) Conduct effectiveness monitoring by assessing the degree to which the rules facilitating particular forest conditions and ecological processes achieve the biological goals and objectiv…

629-603-0130 Adaptive Management Program Budget (1) It is the intent of the Board of Forestry that the State Forester and its cooperators place a high priority on the adaptive management program, which requires securing adequate resources to conduct the necessary work of the AMPC…

629-603-0160 Adaptive Management Participation Grants (1) Organizations on the AMPC and the IRST are eligible for participation grants to compensate the organization for organizational resources the organization dedicated to support the AMPC or the IRST. The Department of Forestr…

629-603-0200 Adaptive Management Program Process Steps (1) This rule specifies communications between the Board of Forestry, the AMPC, and the IRST to implement the adaptive management program. To the extent there needs to be communications not identified in this rule for adaptiv…

629-603-0300 Adaptive Management Program Committee (1) The purpose of the Adaptive Management Program Committee (AMPC) is to complete work described in division 603 of OAR chapter 629 and section 36(7), chapter 33, Oregon Laws 2022. (2) The AMPC shall develop its operating proced…

629-603-0400 Independent Research and Science Team (1) The purpose of the Independent Research and Science Team (IRST) is to complete work described in division 603 of OAR chapter 629 and section 38(8), chapter 33, Oregon Laws 2022. (2) The IRST shall develop its operating proced…

629-603-0450 Housing Agency for IRST (1) The department shall have an agreement with Oregon State University-Institute for Natural Resources to house the Independent Research and Science Team with an initial six-year agreement. At the end of the initial term, and for all periods …

629-603-0500 Adaptive Management Program Coordinator The State Forester will appoint an Adaptive Management Program Coordinator to serve as the program administrator. The Adaptive Management Program Coordinator will be a neutral facilitator whose primary function is to assist the…

629-603-0600 Rulemaking Topics In addition to requirements specified in section 39, chapter 33, Oregon Laws 2022 and other law, the Board of Forestry may use the adaptive management program rulemaking process for rules that are not intended to achieve the biological goals and obj…

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 t…

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 Specie…

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 …