Oregon Administrative Code

629-605-0120 Consultation Department personnel shall consult with personnel of other state agencies concerned with the forest environment situations where expertise from such agencies is desirable or necessary. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: OR…

629-605-0130 Compliance with the Rules and Regulations of the Department of Environmental Quality Each operation, as defined by ORS 527.620, shall be conducted in full compliance with the rules and regulations of the Department of Environmental Quality relating to air and water p…

629-605-0140 Notification to the State Forester — Types of Operations Under the provisions of ORS 527.670: (1) Notification to the State Forester shall be given for the following types of operations: (a) Harvesting of forest tree species including, but not limited to, felling, bu…

629-605-0150 Notification to the State Forester — When, Where and How (1) The operator, landowner or timber owner shall notify the State Forester as required by ORS 527.670(6), at least 15 days before starting an operation. (2) The State Forester may waive the 15-day waiting peri…

629-605-0160 Forest Practices Regions The state is divided into three regions to better achieve the purposes of the forest practice rules. These regions are: (1) Eastern Oregon Region Boundary: All land east of the summit of the Oregon Cascade Range as described by the following …

629-605-0170 Written Plans (1) Definition of “Directly Affect” and “Physical Components” For the purpose of section (4) of this rule: (a) “Physical components” means materials such as, but not limited to, vegetation, snags, rocks and soil; and (b) “Directly affect” means that phy…

629-605-0173 Plans for an Alternate Practice (1) Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting forest practices utilizing protection standards or methods different than those specified in rule or statute. (2) …

629-605-0175 Harvest Type 3 Units Exceeding 120 Acres (1) The purpose of this rule is to describe the process that operators shall follow to gain approval of a plan for an alternate practice for a harvest type 3 unit that is between 120 and 240 acres in size. (2) Operators must o…

629-605-0180 Interim Process for Protecting Sensitive Resource Sites Requiring Written Plans Protection practices for sites requiring written plans under OAR 629-605-0170(5)(a) or (d) shall be determined for each site as follows: (1) The State Forester shall notify the operator a…

629-605-0190 Written Plans for Operations Near Critical, Threatened, or Endangered Wildlife Habitat Sites Operators must submit a written plan to the State Forester before operating near or within: (1) Critical wildlife or aquatic habitat sites that are listed in a 1984 cooperati…

629-605-0200 Compliance with Statutory Requirements (1) In addition to all other requirements of administrative rule promulgated under the Forest Practices Act, operators, landowners and timber owners who conduct forest operations shall comply with the requirements in: (a) ORS 52…

629-605-0210 Harvest Type 3 Units within Single Ownerships (1) For the purposes of ORS 527.740 and this rule, “single ownership” as defined in 527.620, shall be interpreted broadly to prohibit manipulation of ownership entities or property transfers intended to avoid the provisio…

629-605-0220 Judicial Determinations of Rule Validity It is the intent of the Board that if any section of a rule is declared invalid or is remanded by the Court of Appeals under ORS 183.400, the remaining sections of the rule will remain valid. Statutory/Other Authority: ORS 527…

629-605-0400 Forest Activity Safety Compliance with worker safety regulations is essential for ensuring the safety of operators and their employees. Regulation of forest practices must be achieved in a manner which allows operators to comply with applicable federal and state safe…

629-605-0500 Modification of Requirements for Forest Health and Public Safety Protection requirements for streams, lakes, wetlands and riparian management areas may be modified by approval of a plan for an alternate practice by the State Forester for reasons of forest health or b…

629-607-0000 Purpose and Goals (1) OAR 629-607-0000 through 629-607-0800 shall be known as the small forestland owner rules. (2) Small forestland owners play a vital and distinct role from industrial forestland owners to manage and conserve Oregon’s private forests. Small forestl…

629-607-0100 Small Forestland Owner Alternatives (1) Forest practice rules apply to small forestland owners unless addressed directly or by reference in the rules. (2) Resource protection standards may have a disproportionate economic or operational impact on small forestland own…

629-607-0200 Program Participation (1) Small forestland owners intending to implement minimum options as described in OAR 629-607-0100, exclusively available to small forestland owners, shall do the following: (a) Notify the State Forester of intent by submitting a notification o…

629-607-0250 Notification Requirements (1) Small forestland owners as defined in OAR 629-607-0200 shall submit: (a) A notification of operation not less than 15 days prior to the expected start date of the operation; and (b) Include other required information not less than 15 day…

629-607-0300 Small Forestland Investment in Stream Habitat Program (1) The department shall establish the Small Forestland Investment in Stream Habitat (SFISH) Program Fund as a grant program to fund projects on small forestland owner lands. The Small Forestland Owner Assistance …

629-607-0400 Forest Conservation Tax Credit – Process for Determining Eligibility (1) To be eligible to apply for a forest conservation tax credit, a small forestland owner shall: (a) Certify that they meet the definition and criteria of a small forestland owner as described in O…

629-607-0450 Forest Conservation Tax Credit Area (1) The width of the forest conservation area is the difference between the outermost edge of the standard practice width as described in OAR 629-643-0100 through 629-643-0135 and the outermost edge of the small forestland owner mi…

629-607-0500 Forest Conservation Tax Credit – Stumpage Value Certification (1) For the purposes of this rule only, "professional forester" means a person that is engaged in the business of appraising or valuing timber or forestland as described in ORS 674.100. (2) To determine th…

629-607-0600 Forest Conservation Tax Credit - Transfer to Heirs (1) Upon the death of a small forestland owner who has been granted a forest conservation tax credit and where there is a credit balance remaining, the executor of the small forestland owner’s estate shall provide no…

629-607-0700 Forest Conservation Tax Credit – Deed Restriction (1) The Small Forestland Owner Assistance Office shall provide the small forestland owner with the appropriate deed restriction document for recording with the county where the eligible forest conservation area is loc…

629-607-0750 Forest Conservation Tax Credit – Deed Restriction Removal (1) If the small forestland owner, or their estate heirs or devisees, elect to conduct a timber harvest in the forest conservation area for which the forest conservation tax credit has been claimed or otherwis…

629-607-0800 Forest Conservation Tax Credit – Appeal Rights A small forestland owner who wishes to appeal a decision made by the State Forester regarding the forest conservation tax credit shall use the following procedure: (1) A small forestland owner shall notify the State Fore…

629-610-0000 Purpose (1) Timely reforestation of forestland is an essential factor in assuring continuous growing and harvesting of forest tree species, considering landowner objectives and consistent with the sound management of timber and other forest resources. Reforestation o…

629-610-0010 Forestlands Suitable for Reforestation (1) Any forestland which is capable of annual wood production of at least 20 cubic feet per acre at culmination of mean annual increment (Cubic Foot Site Class VI or better) shall be subject to the requirements of the reforestat…

629-610-0020 Reforestation Stocking Standards (1) The landowner shall increase tree stocking to a level that meets the applicable productivity-based stocking standards described in sections (4), (5) and (6) of this rule within the time limits established by OAR 629-610-0040 whene…

629-610-0030 Natural Reforestation Methods (1) Natural reforestation methods may be the best means to meet a variety of resource management objectives on some forestlands. Successful natural reforestation requires careful, flexible, site-specific pre-harvest planning and post-har…

629-610-0040 Time Allowed for Reforestation (1) The time period for compliance with the reforestation rules begins at the completion of the operation or 12 months after tree stocking has been reduced, whichever comes first. (2) The landowner shall begin reforestation, including a…

629-610-0050 Acceptable Species for Reforestation and Residual Stand Stocking (1) The State Forester shall determine if tree species are acceptable for artificial reforestation, natural reforestation, and as residual seedling, sapling and pole, or larger tree stocking based on al…

629-610-0060 Use of Non-Native Tree Species (1) When an operation will result in a reforestation requirement, and the landowner intends to plant or seed a tree species not native to the operation area, the landowner shall submit for approval a plan for an alternate practice to th…

629-610-0070 Suspension of the Reforestation Rules (1) A landowner must submit to the State Forester a plan for an alternate practice to suspend the reforestation rules for the salvage or conversion of low value forest stands, to establish forest stands that are adequately stocke…

629-610-0080 Revegetation When Reforestation is Not Required When reforestation is not required or planned, the landowner shall ensure sufficient revegetation of the site to provide continuing soil productivity and stabilization within 12 months of the completion of the operation…

629-610-0090 Exemption from Reforestation for Land Uses Not Compatible with Forest Tree Cover (1) A landowner, through a plan for an alternate practice, may request all, or portions of, an operation area be exempted from the reforestation requirements for the purpose of developin…

629-610-0100 Exemption from Reforestation for Wildlife Food Plots (1) For the purposes of this rule only, “small forestland” means forestland as defined in ORS 527.620 that: (a) Has an owner that owns or holds common ownership interest in at least 10 acres of Oregon forestland bu…

629-611-0000 Purpose (1) The purpose of OAR 629-611-0000 to 629-611-0020 is to implement ORS 526.490, providing an incentive for landowners to convert parcels of idle land or land in other uses to commercial forest use. (2) The provisions of ORS 526.490 shall be called the affore…

629-611-0010 Qualifications and Procedures (1) To qualify for the afforestation incentive, a parcel or any separate portion thereof must meet all of the following requirements: (a) It must be at least five contiguous acres. (b) The State Forester must obtain evidence that, regard…

629-611-0020 Fee for Inspection and Certification The State Forester shall charge a fee to persons requesting certification to offset the costs of inspecting parcels and preparing certificates. This fee shall be $50 per parcel plus $2 per acre for each acre in excess of five acre…

629-615-0000 Purpose (1) OAR 629-615-0000 to 0300 shall be known as the treatment of slash rules. (2) For the purposes of these rules, treatment of slash is recognized as a necessary tool for the protection of reproduction and residual stands from the risk of fire, insects, and d…

629-615-0100 Maintenance of Productivity and Related Values (1) Operators shall plan and conduct forest operations in a manner which will provide adequate consideration to treatment of slash to protect residual stands of timber and reproduction to optimize conditions for reforest…

629-615-0200 Mechanical Site Preparation Near Waters of the State (1) When mechanical site preparation is necessary in riparian management areas or near waters of the state, operators shall conduct the operations in a way that sediment or debris does not enter waters of the state…

629-615-0250 Protection of Soil Productivity During Mechanical Site Preparation On land clearing projects where mechanical methods are used, operators shall minimize compaction and movement of topsoil to protect soil productivity. Statutory/Other Authority: ORS 527.710 Statutes/O…

629-615-0300 Prescribed Burning (1) Prescribed burning is a tool used to achieve reforestation, maintain forest health, improve wildlife habitat and reduce wildfire hazard. Prescribed burning is to be done consistent with protection of air and water quality, and fish and wildlife…

629-620-0000 Purpose (1) OAR 629-620-0000 through 629-620-0800 shall be known as the chemical and other petroleum product rules. In addition to the application of chemicals, operators should be aware that certain requirements of these rules also apply to the use of other petroleu…

629-620-0100 Preventing, Controlling, and Reporting Leaks and Spills of Chemicals and Other Petroleum Products (1) The operator shall maintain equipment used for transportation, on-site storage, or application of chemicals in a leak proof condition. If there is evidence of chemic…

629-620-0200 Protection of Water Quality During Mixing of Chemicals (1) Whenever water is taken from any stream or water impoundment for use in the mixing of chemicals, the operator shall prevent chemicals from entering the waters of the state by taking at least the following pre…

629-620-0300 Locations of Mixing, Transfer, and Staging Areas for Chemicals and Other Petroleum Products (1) Operators shall conduct the following activities only in locations where spillage of chemicals or other petroleum products will not enter the waters of the state: (a) Mixi…