Oregon Administrative Code

629-665-0210 Interim Requirements for Northern Spotted Owl Nesting Sites (1) Whenever the State Forester determines that an operation will conflict with protection of a nesting site of the northern spotted owl (Strix occidentalis caurina), the operator must submit to the State Fo…

629-670-0000 Purpose Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. Rules that relate t…

629-670-0010 Definitions Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. Rules that rela…

629-670-0015 Enforcement Policy Effective administration of the Oregon Forest Practices Act and forest practice rules is a balance of technical design, education and enforcement. The forest practice rules require compliance with a practice specified in a rule unless a plan for an…

629-670-0100 Inspections; Compliance Determination Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December…

629-670-0105 The Concept of Damage (1) Understanding the concept of damage is important when an unsatisfactory condition results in damage, or if there is the potential for damage to occur. (2) Damage, as defined in OAR 629-670-0010(2), can be characterized as an adverse disturba…

629-670-0110 Enforcement Action The State Forester may initiate enforcement action by issuing and serving to the responsible person, persons, or corporation either a: (1) Written statement of unsatisfactory condition under OAR 629-670-0115, 629-670-0120, or 629-670-0125; or (2) C…

629-670-0115 Using the Written Statement of Unsatisfactory Condition to Prevent Damage (1) Enforcement action may be initiated by the State Forester by issuing and serving a written statement of unsatisfactory condition to the landowner or operator when the State Forester determi…

629-670-0120 Using the Written Statement of Unsatisfactory Condition for Failure to Begin Timely Reforestation The State Forester may issue a written statement of unsatisfactory condition when the landowner fails to begin reforestation, including any necessary site preparation, w…

629-670-0125 Using the Written Statement of Unsatisfactory Condition for Noncompliance with Procedural Rules (1) Some forest practice rules deal with administrative procedures rather than resource protection. Rules requiring notification, written plans and plans for an alternate …

629-670-0130 Issuing a Citation and an Order to Cease Further Violation (1) When the State Forester determines a violation exists, enforcement action may be initiated by issuing and serving a citation to the responsible persons or corporations in accordance with ORS 527.680. (2) …

629-670-0140 Criminal Prosecution Citations for violation of any forest practice rule or statute shall be presented to the District Attorney for the county where the violation occurred, along with a case brief, for the purpose of filing a complaint or information pursuant to ORS …

629-670-0200 Assessment of Civil Penalties; Notice of Penalty Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or befo…

629-670-0210 Amount of Civil Penalties Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. R…

629-670-0212 Reducing the Civil Penalty after Repairs are Complete A person may request that a civil penalty be reduced by the actual costs of the repairs up to an amount equal to $B x D x R. The request must be in writing and received by the State Forester within 20 days of serv…

629-670-0214 Civil Penalty Administrator Discretion Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before Decembe…

629-670-0220 Amount of Penalties; Special Circumstances (1) Notwithstanding OAR 629-670-0210, when an operator has had three or more separate incidents of forest practice violations within any three year period, the State Forester may assess a civil penalty of any amount up to th…

629-670-0225 Significant Violation Civil Penalties that have been Committed by Repeat Violators Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the ope…

629-670-0228 Repeat Violators and Financial Assurances Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before Dece…

629-670-0300 Civil Penalties Contested Case Hearings Procedures A person being assessed a penalty has the right to request a hearing and resolution process that allows a fair review of the facts and circumstances of an alleged violation. The Office of Administrative Hearings Rule…

629-670-0310 Requesting a Hearing; Stating Claims and Defenses (1) When requesting a hearing, or within ten (10) days following a request for hearing, the person assessed a civil penalty must admit or deny, in writing, all factual matters stated in the notice of penalty. Any fact…

629-670-0315 Requesting a Reduced Civil Penalty Due to Financial Hardship (1) A person may submit a written request to reduce a civil penalty due to financial hardship. The written request shall be made within the same timelines of the request for hearing in OAR 629-670-0310. (2)…

629-670-0350 Orders Prohibiting New Operations Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31,…

629-672-0100 Orders of the State Forester Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023…

629-672-0200 Hearings for Operators, Landowners or Timber Owners Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or b…

629-672-0210 Hearings for Persons Adversely Affected by an Operation for Which a Written Plan is Required under ORS 527.670(3) (1) If a written plan under ORS 527.670(3) is required for an operation, any person who submitted written comments on the operation and who is adversely …

629-672-0300 Stay of Operation (1) The State Forester is authorized to issue temporary orders pertaining to a stay of operations under ORS 527.700(8). (2) Any person entitled to a hearing under OAR 629-672-0210 may apply to the State Forester for a stay of the operation pending a…

629-672-0310 Actual Damages Resulting from a Stay; Attorney’s Fees (1) If the board determines in its comments that the written plan of an operation for which a stay was granted is likely to result in compliance with ORS 527.610 to 527.770 or the rules of the board, the board sha…

629-674-0100 Procedures for Requesting Copies of Notifications and Written Plans; Fees (1) Any person may examine or request copies of notifications or written plans filed with the State Forester as required by the Forest Practices Act. Examination of records, or requests for cop…

629-674-0110 Exemption from Sending Written Plans to Department of Revenue or County Assessors (1) Notwithstanding ORS 527.670(8), the State Forester may enter into cooperative agreements with the Director of the Department of Revenue and any of the county assessors for the purpo…

629-676-0100 Regional Forest Practice Committee Responsibilities (1) Pursuant to ORS 527.650 and 527.660, Regional Forest Practice Committees are advisory committees established to assist the Board of Forestry in developing appropriate forest practice rules. The committees are co…

629-676-0200 Member Qualifications, Appointments, Organization (1) The regional committee members shall be appointed by the Board of Forestry and shall be qualified as prescribed by ORS 527.650. (2) The chairperson and vice-chairperson of each committee shall be selected by the c…

629-676-0300 Conduct of Meetings (1) The regional committees may determine operating procedures governing the transaction of their business. (2) The chairperson shall have the usual duties and power of a presiding officer. (3) All meetings of the regional committees will be condu…

629-678-0000 Purpose and Goals (1) The purpose of the compliance monitoring program is to monitor forest practice rules implementation and analyze compliance rates. (2) The compliance monitoring program shall assess the Forest Practices Act and rule compliance and report findings…

629-678-0100 Administration (1) The Department of Forestry shall administer the compliance monitoring program. (2) Compliance monitoring may be conducted by the department, through department contractors, or both. (3) The department shall determine the status of the completion of…

629-678-0110 Rule Group Priorities for Compliance (1) The compliance monitoring program shall prioritize rules related to biological and aquatic resources, including the following: (a) Division 625 Forest Road Construction and Maintenance rules. (b) Division 630 Harvesting rules …

629-678-0200 Reports The compliance monitoring program shall develop the following information and monitoring reports: (1) Information to support any required reporting to the federal services in support of a habitat conservation plan; (2) Information to support an annual report …

629-680-0000 Purpose (1) OAR 629-680-0000 to 0430 shall be known as the Resource Site Inventory and Protection Process Rules. (2) The purpose of the rules in OAR 629, division 680 is to set criteria to inventory and protect special resources described in ORS 527.710(3)(a) on fore…

629-680-0010 Definitions In addition to the definitions listed in OAR 629-600-0100, as used in OAR 629, division 680: (1) “Critical period of use” means the time of year the State Forester determines a species is sensitive to disturbance at a resource site. (2) “Disturbance” mean…

629-680-0020 Resource Site Defined for the Purpose of a Hearing (1) Notwithstanding OAR 629-600-0100(108), 629-665-0110(1), 629-665-0120(1), and 629-665-0130(1), key components are not considered a part of the resource site in determining the place from which distances are measur…

629-680-0030 Reporting The department shall review the resource site rules for sensitive bird nesting, roosting and watering sites; for threatened and endangered fish and wildlife species; and for significant wetlands to determine if protection levels are effective. Every two yea…

629-680-0100 Process for Board Evaluation of Threatened and Endangered Fish and Wildlife Species that Use Resource Sites that Are Sensitive to Forest Practices (1) When a species is listed as threatened or endangered by state or federal authorities, the Board shall adopt rules to…

629-680-0200 Process for Board Listing and De-listing Species that Use Sensitive Bird Nesting, Roosting, and Watering Sites (1) The department, a person, an organization or other agency may propose listing species that use sensitive bird nesting, roosting and watering sites. The …

629-680-0210 Criteria to Identify Sensitive Bird Nesting, Roosting, and Watering Sites Resource sites must meet the following criteria in order to be listed as sensitive bird nesting, roosting or watering sites: (1) The resource sites must be used by native species and require si…

629-680-0220 Process for Determining Forest Practices Conflicts and Consequences; Protection Requirements for the Resource Site (1) The following process shall be used by the Board to evaluate forest practices conflicts and consequences and in setting appropriate protection for t…

629-680-0300 Purpose ORS 527.710(3)(a)(D) requires the Board to identify and protect significant wetlands. The purpose of these rules is to identify significant wetlands types on forestlands. Significant wetlands require site-specific protection and written plans. Protection rule…

629-680-0310 Significant Wetland Types The following wetland types are determined by the Board to be significant: (1) Wetlands that are larger than eight acres; (2) Estuaries; (3) Bogs; and (4) Important springs in eastern Oregon. Statutory/Other Authority: ORS 527.710 Statutes/O…

629-680-0400 Definition Biological sites are resource sites which contain examples of ecologically and scientifically significant living natural resources. Biological sites include important native plant associations or animal communities, or both. Statutory/Other Authority: ORS …

629-680-0410 Protection Goal for Biological Sites The protection goal for biological sites is to assure that forest practices maintain the biological (plant and animal) diversity and the essential habitat at the resource site over time. Statutory/Other Authority: ORS 527.710 Stat…

629-680-0420 Process to Inventory a Biological Site (1) A technical site report is used to propose a biological site for listing on the inventory. The report is written by an individual, a landowner, an agency, or an organization. The report shall: (a) Identify the key components…