Chapter 477 — Chapter 477
286 sections in this chapter.
ORS 477.720 Accidentally setting fire to forestland; failure to prevent spread. (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
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(2) It is unlawful, having built a fire on or near forestland, through carelessness or neglect to permit the fire to spread to or through the forestland. [1965 c.253 §130]
ORS 477.730 [Formerly 477.306; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 477.735 [Formerly 477.308; 1971 c.743 §389; repealed by 1987 c.905 §37]
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[Repealed or reserved.]
ORS 477.740 Unlawful use of fire. A person commits the offense of unlawful use of fire if the person
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(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 negligently allows fire to escape from the person’s own land, or land of which…
ORS 477.745 Liability of parents for costs of suppressing fire caused by minor child. (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 the minor child at the time of the fire shall not be liable for such damages
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(2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $5,000 payable to the forester for one or more acts. (3) When an action is brought under this section on parental responsibility f…
ORS 477.747 Policies and plans for restoration of burned forestland. 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 by adopting and implementing policies and management plans to begin efforts to restore and recover forestlands burned by fire so that social, economic and environmental values are not lost due to delay. These agencies shall coordinate, to the extent needed, to promote the efficient use of state resources in developing their fire restoration and recovery policies and plans. The Oregon Department of Administrative Services may assist state agencies under this section in developing contract and other procedures to expedite restoration and recovery efforts. The Oregon Department of Administrative Services shall provide appropriate contracting assistance and exceptions as may be necessary to expedite restoration and recovery efforts. [2003 c.456 §1]
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Note: 477.747 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 477.748 Small forestland grant program. (1) As used in this section, “small forestland owner” means an individual, group, federally recognized Indian tribe in Oregon or association that owns
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(a) Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade Mountains; or (b) Up to 640 acres of nonindustrial private forestland east of the crest of the Cascade Mountains. (2) The State Forestry Department shall establish a small forestland grant pr…
ORS 477.750 Oregon Forest Land Protection Fund; source; use. (1) The Oregon Forest Land Protection Fund is created, separate and distinct from the General Fund
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(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 Treasurer shall deposit and invest moneys in the fund as provided by law, taking into account its uses and p…
ORS 477.755 Appropriation of fund; limitation on expenditures. (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
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(2) Notwithstanding ORS 291.238, the moneys in the Oregon Forest Land Protection Fund are continuously appropriated to the Emergency Fire Cost Committee for the purposes of: (a) Making payments for the fiscal year budgets of forest protection districts, but not for centralized ad…
ORS 477.760 Rules for administration of fund; annual determination of fund balance. The Emergency Fire Cost Committee shall
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(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 §34; 1989 c.769 §4; 1991 c.639 §6; 1993 c.…
ORS 477.765 [1969 c.524 §5; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.770 Rules relating to use of fund. 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
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(1) Set forth a process for reviewing the disbursement of moneys from the fund; and (2) Establish best practices for reviewing forest protection district budgets and emergency fire suppression costs. [1969 c.524 §6; 1977 c.182 §3; 1981 c.321 §5; 2007 c.847 §3; 2025 c.581 §26a]
ORS 477.775 Emergency fire suppression costs insurance; considerations. (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 of that year
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(2) In determining whether the purchase of insurance is advisable, the State Forester and the committee shall consider: (a) The cost, coverage and deductible of insurance available from private insurance carriers; (b) The funding available for fire suppression; (c) The current co…
ORS 477.777 Agency request budget; expenditures; report. (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 districts pursuant to ORS 477.205 to 477.281, a request for a General Fund appropriation for the following purposes
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(a) Providing funds for the purchase of emergency fire suppression costs insurance under ORS 477.775. (b) Acquiring and placing centrally managed fire suppression resources for statewide use. (c) Acquiring fast-mobilizing, short-term contingency resources to be used based on pred…
ORS 477.780 [1969 c.524 §14; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.805 [1967 c.429 §37; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.810 [1961 c.689 §2; 1965 c.253 §145; repealed by 1967 c.429 §61]
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[Repealed or reserved.]
ORS 477.820 [1961 c.689 §3; 1967 c.429 §39; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.830 [1961 c.689 §§4,5(3); 1969 c.524 §11; 1977 c.182 §4; 1981 c.321 §2; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.840 [1961 c.689 §5(1),(2); repealed by 1969 c.524 §15]
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[Repealed or reserved.]
ORS 477.850 [1961 c.689 §6; repealed by 1985 c.759 §40]
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WILDFIRE PREPARED STRUCTURE PROGRAM
ORS 477.855 Wildfire Prepared Structure Program; implementing grant program; rules. (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, 2025, as well as dwellings constructed following wildfire damage, to be resistant and resilient to wildfire
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(2) To implement the program, the Department of the State Fire Marshal shall: (a) Publish a list of eligible retrofits and materials that reduce the vulnerability of structures to wildfire and flying embers, as identified in section R327 of the Oregon Residential Specialty Code o…
ORS 477.880 [1969 c.524 §§7,8; 1981 c.321 §3; 1985 c.759 §35; 1989 c.769 §5; 1991 c.639 §8; 2003 c.14 §318; 2007 c.779 §4; repealed by 2025 c.581 §30]
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[Repealed or reserved.]
ORS 477.885 [1969 c.524 §9; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.910 [1959 c.320 §1; 1965 c.253 §146; repealed by 1967 c.429 §61]
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[Repealed or reserved.]
ORS 477.920 [1959 c.320 §7; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.930 [1959 c.320 §2; 1967 c.429 §41; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.940 [1959 c.320 §3; 1967 c.429 §42; 1969 c.524 §12; 1981 c.321 §4; repealed by 1985 c.759 §40]
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[Repealed or reserved.]
ORS 477.950 [1959 c.320 §4; 1961 c.689 §7; 1965 c.428 §17; repealed by 1969 c.524 §15]
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[Repealed or reserved.]
ORS 477.960 [1959 c.320 §5; 1961 c.689 §8; 1965 c.312 §4; 1967 c.179 §1; 1967 c.429 §43; 1985 c.759 §36; 1991 c.459 §417; repealed by 2025 c.581 §30]
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[Repealed or reserved.]
ORS 477.970 [1959 c.320 §6; 1961 c.689 §9; 1967 c.429 §44; 1985 c.759 §37; repealed by 2025 c.581 §30]
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PENALTIES
ORS 477.980 Enforcement policy; rules; factors considered. 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
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(1) Prior violation of the same or similar statutes, rules or orders. (2) The gravity and magnitude of the violation. (3) Whether the violations were repeated or continuous. (4) Whether the cause of the violation was an unavoidable accident or a willful, malicious or negligent ac…
ORS 477.985 Enforcement procedure. (1) As used in this section
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(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) Whether the observation is co…
ORS 477.990 [Amended by 1953 c.68 §19; subsection (5) of 1957 Replacement Part enacted as 1953 c.68 §17; subsections (11) and (12) of 1957 Replacement Part enacted as 1953 c.152 §§6,7; repealed by 1959 c.363 §14 (subsections (1) to (5) of 477.993 (1963 Replacement Part) enacted in lieu of 477.990)]
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[Repealed or reserved.]
ORS 477.992 [Repealed by 1959 c.363 §21]
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[Repealed or reserved.]
ORS 477.993 Penalties. (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
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(a) For the first offense, as a Class D violation. (b) For the second offense, as a Class C violation. (c) For the third offense, as a Class A violation. (2) Multiple violations of any single requirement of this chapter, or of any rule or order adopted pursuant thereto, in an ope…