Title 38, Protection from Fire

During a fire season inside or within one-eighth of one mile of a forest protection district: (1) Every person conducting an operation shall provide and maintain, at the operation area or at a location designated by the forester, fire-fighting tools that are in conformity with ru…

During a fire season when in the judgment of the forester any operation inside or within one-eighth of one mile of a forest protection district has a fire hazard requiring additional protection, the operator shall provide such other facilities or services as the forester by writt…

(1) During a fire season inside or within one-eighth of one mile of a forest protection district, every operator using power-driven machinery in an operation area shall provide fire watch service on the operation area. The fire watch service shall consist of not less than one com…

During a fire season inside or within one-eighth of one mile of a forest protection district situated west of the summit of the Cascade Mountains, if the forestland in such district, or any part thereof, is susceptible in the judgment of the forester to damage by fire, the forest…

(1) Every person operating a railroad of any kind in this state inside or within one-eighth of one mile of a forest protection district shall annually or more often, if so ordered in writing by the forester, in a manner and to an extent ordered by the forester, destroy or remove …

The State Forestry Department shall adopt rules to clarify that a person may: (1) Conduct a prescribed fire that burns across land ownership boundaries if the person obtains a permit for the fire as described in ORS 477.515 or 477.625 and complies with the conditions of the permi…

It is unlawful for any person to start a campfire or other open fire without first clearing the area immediately around and above it of material that will carry fire, or leave a campfire or other open fire unattended, or permit a campfire or other open fire to spread. This sectio…

(1) It is unlawful, having accidentally set fire to any forestland, or any place from which fire may be communicated to forestland, to fail to extinguish the fire or use every possible effort so to do. (2) It is unlawful, having built a fire on or near forestland, through careles…

A person commits the offense of unlawful use of fire if the person: (1) In the ignition of a fire: (a) Unlawfully sets on fire, or causes to be set on fire, any grass, grain, stubble or other material being or growing on any lands within the state; (b) Intentionally or negligentl…

(1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by the forester in suppressing fires on forestland caused by such minor child. However, a parent who is not entitled to legal custody of t…

The State Forestry Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of State Lands and any other state agency with oversight responsibilities for state forestlands shall promote the effective use of state resources b…

(1) As used in this section, “small forestland owner” means an individual, group, federally recognized Indian tribe in Oregon or association that owns: (a) Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade Mountains; or (b) Up to 640 acres of no…

(1) The Oregon Forest Land Protection Fund is created, separate and distinct from the General Fund. (2) The Oregon Forest Land Protection Fund shall be held by the State Treasurer as a trust fund for the uses and purposes provided in ORS 477.750 to 477.775. (3) The State Treasure…

(1) As used in this section, “annual expenditure” means the expenses of the Oregon Forest Land Protection Fund obligated in any 12-month period, consistent with the fiscal year budgeting of the State Forestry Department. (2) Notwithstanding ORS 291.238, the moneys in the Oregon F…

The Emergency Fire Cost Committee shall: (1) Adopt rules relating to the administration of the Oregon Forest Land Protection Fund. (2) Annually determine the unencumbered balance of the fund as of the end of the preceding calendar year. [1969 c.524 §4; 1985 c.158 §1; 1985 c.759 §…

In addition to rules adopted under ORS 477.760, the Emergency Fire Cost Committee shall adopt rules relating to the disposition of moneys from the Oregon Forest Land Protection Fund. The rules may: (1) Set forth a process for reviewing the disbursement of moneys from the fund; an…

(1) At the first regularly scheduled meeting of the Emergency Fire Cost Committee in a calendar year, the committee and the State Forester shall consult regarding the purchase of emergency fire suppression costs insurance and the level of coverage to purchase for the fire season …

(1) As part of the preparation of the agency request budget submitted to the Oregon Department of Administrative Services pursuant to ORS 291.208 for the State Forestry Department, the State Forester shall prepare, in addition to any amounts budgeted for forest protection distric…

(1) In collaboration with the Department of Consumer and Business Services, the Department of the State Fire Marshal shall establish and implement a grant program called the Wildfire Prepared Structure Program to facilitate the retrofitting of dwellings existing on September 26, …

The State Board of Forestry, by rule, shall establish the enforcement policy for violations prescribed in ORS 477.993. In determining the enforcement policy, the board may consider the following factors: (1) Prior violation of the same or similar statutes, rules or orders. (2) Th…

(1) As used in this section: (a) “Credible witness” means a person who has observed conduct alleged to constitute a violation and whose statement about the observation is reliable based on: (A) The content of the observation; (B) The circumstances around the observation; and (C) …

(1) Violation of any of the provisions of ORS 477.510, 477.515, 477.535 to 477.550, 477.565, 477.615, 477.625, 477.635 to 477.670, 477.695, 477.710, 477.720 or 477.740, or any rule or order adopted pursuant thereto, is a violation punishable as follows: (a) For the first offense,…