Chapter 526 — Chapter 526
187 sections in this chapter.
ORS 526.332 Appeal. (1) Any owner of land classified under ORS 526.328 or 526.340 who is aggrieved by the classification may, within 30 days after the date of the order making the classification, appeal to the circuit court for the county in which the property is located. If the forestland classification committee has been established for more than one county and the property is located in more than one of those counties, the owner of the land may appeal to the circuit court for any of those counties. Notice of an appeal shall be promptly served on the secretary of the committee or, if the classification was made under ORS 526.340, on the State Forester
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(2) The appeal shall be tried by the circuit court as an action not triable by right to a jury. (3) The State Forester may intervene as a matter of right in an appeal under this section from a forestland classification committee order. The State Forester may defend a forestland c…
ORS 526.335 State Board of Forestry rules. The State Board of Forestry may adopt rules as necessary to implement ORS 526.305 to 526.340. [2009 c.69 §11]
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[Repealed or reserved.]
ORS 526.340 Classification by State Forester. (1) The State Forester may identify and classify forestland in a county, consistent with ORS 526.324 and 526.328, if
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(a) The governing body of a county has failed to establish a forestland classification committee within two years after the State Forester made a request under ORS 526.310 (1); (b) A forestland classification committee has failed to adopt and file a final classification pursuant …
ORS 526.350 Policy in administering forest and fire laws; contracts for care of forestland. (1) All forest laws relating to forestland classified pursuant to ORS 526.328 or 526.340, and all rules promulgated under such laws, shall be so administered as best to promote the primary use for which that land is classified. Any contract by the State Board of Forestry or the State Forester with any forest protective association or agency for the care of any such forestland shall provide that the care shall be in accord with the provisions of this section relating to that land
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(2) It shall be the policy of the board and the forester as to all forestland classified in: (a) Class 1, to give primary consideration to timber production and reforestation, in preference to grazing or agricultural uses, not excluding, however, recreation needs or scenic values…
ORS 526.360 Assistance with developing lands; supervision of certain burning; refusal of supervision or permit; Certified Burn Manager program; rules; liability for damage. (1) The State Board of Forestry, the State Forester and forest protective associations may assist to the extent practical in developing, for forestry, grazing or agricultural uses, lands within a forest protection district, as described in ORS 477.205 to 477.281, for such uses, including the burning of brush or other flammable material for the purpose of
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(a) Removing a fire hazard to any property; (b) Preparing seed beds; (c) Removing obstructions to or interference with the proper seeding or agricultural or grazing development or use of that land; (d) Promoting the establishment of new forest crops on cutover, denuded or underpr…
ORS 526.370 Seeding agreements as condition of supervision of burning on forestlands; seeding at owner’s expense on breach; lien; foreclosure. (1) The forester may, as a condition precedent to supervising of any burning as provided in ORS 526.360, require the owner or the agent of the owner in control of the land involved to agree in writing to seed properly the land over which the burning operation is to be conducted, with such seed or seed mixtures as may be suitable for that area
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(2) In the event of failure by the owner or agent of the owner to seed the property in accordance with such agreement, the governing body of that county may cause the seeding to be done and the cost thereof may be recovered by the governing body from the owner or the agent of the…
ORS 526.375 Fire protection cost offset. (1) In each biennium, the State Forestry Department shall apply an offset against the annual costs of fire protection provided by the department for forestland that is
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(a) Classified as Class 3 under ORS 526.324; and (b) Located within a forest protection district. (2) The department shall apply the offset equally to each acre of forestland subject to the offset. [2025 c.581 §41] Note: 526.375 was enacted into law by the Legislative Assembly bu…
ORS 526.400 Small Forestland Owner Assistance Office; rules. (1) The Small Forestland Owner Assistance Office is created within the State Forestry Department
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(2) The office shall: (a) Support and promote implementation of financial incentives and technical assistance programs for small forestland owners that align with the intent of the Private Forest Accord Report dated February 2, 2022, and published by the department on February 7,…
ORS 526.402 Small Forestland Investment in Stream Habitat Program; rules. (1) The State Board of Forestry shall adopt by rule a Small Forestland Investment in Stream Habitat Program
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(2) The purpose of the program is to provide grants to certain small forestland owners to fund projects that: (a) Result in environmental benefits to fish species addressed in the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department …
ORS 526.404 Small Forestland Investment in Stream Habitat Program Fund. (1) The Small Forestland Investment in Stream Habitat Program Fund is established, separate and distinct from the General Fund. Interest earned by the Small Forestland Investment in Stream Habitat Program Fund shall be credited to the fund
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(2) Moneys in the fund are continuously appropriated to the State Forestry Department to be distributed by the Small Forestland Owner Assistance Office described in ORS 526.400 as grants to small forestland owners under the Small Forestland Investment in Stream Habitat Program es…
ORS 526.406 Adopting rules as part of rule package. The State Board of Forestry shall adopt the rules described in ORS 526.400, 526.402 and 527.738 as part of the rule package described in ORS 527.711. [2022 c.33 §20]
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Note: 526.406 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 526.400). Note: See second note under 526.400.
ORS 526.410 [Repealed by 1953 c.138 §2]
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[Repealed or reserved.]
ORS 526.420 [Repealed by 1953 c.139 §2]
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NONINDUSTRIAL PRIVATE LANDOWNER ASSISTANCE (Generally)
ORS 526.425 Management assistance to nonindustrial private forest landowners; rules. Recognizing that nonindustrial private forests make a vital contribution to Oregon by providing jobs, products, tax base and other social and economic benefits, it is hereby declared to be the public policy of the State of Oregon to encourage management of nonindustrial private forestlands for tree production. Therefore, under the direction of the State Board of Forestry and to the extent funds are available, the State Forester shall
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(1) Provide for coordinated technical and financial assistance to the nonindustrial private forest landowner; (2) Provide management planning for nonindustrial private forestlands; (3) Advise and encourage nonindustrial private forest landowners to carry out young growth manageme…
ORS 526.450 ORS 318.031 and 526.450 to 526.475 may be cited as the “Woodland Management Act of 1979.”
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[Repealed or reserved.]
ORS 526.455 As used in ORS 318.031 and 526.450 to 526.475, unless the context requires otherwise
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(1) “Approved forest management practice” means and includes site preparation, tree planting, precommercial thinning, release, fertilization, animal damage control, insect and disease management or such other young growth management practices that increase wood growth as the Stat…
ORS 526.460 Policy to manage forests to maximize benefits. (1) The State of Oregon recognizes that the forest makes a vital contribution to Oregon. Economic benefits provided include a large tax base, substantial employment and wood products for a world market. The environmental benefits include maintenance of a forest cover and soil, air and water resources. Other benefits provided are habitats for wildlife and aquatic life, recreation and forest range. Management of all forestlands in Oregon should be encouraged to provide continuous production of all forest benefits
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(2) Nonindustrial private forestlands are an important part of Oregon’s forest resource base. They can make major contributions to Oregon’s economy and provide many other social benefits. Therefore, it is the policy of the State of Oregon to provide conditions favorable for long …
ORS 526.465 The purpose of ORS 318.031 and 526.450 to 526.475 is to encourage long term forestry investments that lead to increased management of Oregon’s forestlands by
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(1) Promoting programs that provide forest credit on young stands and encourage harvesting of mature forest crops. (2) Promoting the establishment of new forest crops on cutover, denuded or underproductive privately owned forestlands. (3) Protecting the public interest by assurin…
ORS 526.470 Forest tree seed bank; sale to recover costs; disposition of funds; use of funds for research and development activities. (1) A state forest tree seed bank may be operated by the State Forester and the State Board of Forestry to provide forest tree seed for the raising of forest tree seedlings suitable for reforestation. Such tree seed bank is to provide for the research and development, production, purchase, collection, storage, care and maintenance of forest tree seed and for the sale of such tree seed to private, state and other public owners of forest nurseries or forestland
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(2) Each year the State Forester shall determine the costs of tree seed bank operation and shall offer tree seed for sale to forest or nursery owners at prices that will recover actual costs. (3) All revenues derived from the operation of the tree seed bank shall be credited to t…
ORS 526.472 Forest tree seed orchard; purposes; cooperative agreements; recovery of costs; revenues. (1) A state forest tree seed orchard may be operated by the State Forester and the State Board of Forestry to produce high quality forest tree seed suitable for reforestation. The purposes of the state forest tree seed orchard are to
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(a) Grow, care for and maintain seed orchard stock and produce seed, pollen, cuttings and other propagules for reforestation uses by private entities and public bodies as defined in ORS 174.109; (b) Promote the conservation of genetic resources; and (c) Support research and devel…
ORS 526.475 (1) Any owner affected by a determination of the State Forester made under ORS 318.031 and 526.450 to 526.475 may appeal to the State Board of Forestry under such rules as it may adopt. An appeal to set aside any decision of the board with respect to ORS 318.031 may be taken within 60 days of the decision to the Oregon Tax Court in the manner provided for tax cases under ORS chapter 305
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(2) Any owner affected by a determination of the Department of Revenue made under ORS 318.031 may appeal directly to the tax court under ORS 305.404 to 305.560.
ORS 526.490 Afforestation of certain idle lands; harvest requirements; inspection fees; lands subject to Oregon Forest Practices Act; rules; fees. (1) It is the policy of the State of Oregon to encourage the afforestation of idle land for the purpose of establishing commercial forests if such afforestation is consistent with landowner objectives. The purpose of this section is to provide an incentive for afforestation by providing assurance that the State of Oregon will not prohibit the harvesting of trees planted on such lands within the first crop rotation
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(2) As used in this section: (a) “Free to grow” means a stand of well-distributed trees that has a high probability of remaining or becoming vigorous, healthy and dominant over undesired competing vegetation. (b) “Parcel” has the meaning given that term in ORS 92.010. (3) Notwith…
ORS 526.500 Definitions for ORS 526.500 to 526.515. As used in ORS 526.500 to 526.515, unless the context requires otherwise
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(1) “Urban forest” means the area in and around a city that contains trees and associated plant and animal life. The area may be public or private and may include single trees, small groups of trees or trees in large groups that would be identified commonly as a forest or woodlan…
ORS 526.505 Policy. Trees not only are important to the economic and environmental well-being of Oregon, but also represent a significant component of the quality of life for urban residents. As a matter of policy, it is important to promote and protect the human habitat values that accrue from a healthy urban forest. Therefore, it is declared to be the public policy of the State of Oregon to encourage cities to plant and properly care for trees within the cities’ urban growth boundaries and develop management plans to protect and promote urban forests. [1993 c.347 §3]
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[Repealed or reserved.]
ORS 526.510 Department to provide technical assistance to governmental units. (1) The State Forestry Department shall provide technical assistance to cities, counties, other governmental units, nonprofit and civic organizations and other groups interested in planting and caring for trees in communities. Technical assistance may include, but is not limited to, the following areas
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(a) Establishing and maintaining local urban and community forestry programs; (b) Developing local tree management ordinances; (c) Developing public information programs to promote awareness of the values and benefits of the urban forest as a resource of the urban community; (d) …
ORS 526.515 Gifts, grants and donations; fees for services. (1) The State Forestry Department may receive and disburse such gifts, grants, bequests, federal moneys and endowments and donations of labor, material, seedlings, trees and equipment from public and private sources for the purpose of conducting an urban and community forestry program. In addition, the department is authorized to charge fees for services and for attendance at workshops and conferences and to sell various publications and other materials that the department prepares
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(2) All revenues received under subsection (1) of this section and any interest earned on all cash balances except federal moneys shall be credited to the State Forestry Department Account and may be expended only for urban and community forestry purposes. [1993 c.347 §5]
ORS 526.520 Urban tree canopy assessment. (1) The State Forestry Department shall acquire and maintain a statewide urban tree canopy assessment tool
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(2) The assessment tool must provide geospatial mapping that includes: (a) A visualization of urban tree canopies, viewable at the census tract level; (b) Community demographic, economic, social and health data; (c) A comprehensive inventory of tree canopies on public lands; (d) …
ORS 526.600 Definitions for ORS 526.600 to 526.675. As used in ORS 526.600 to 526.675, unless the context requires otherwise
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(1) “Institute” means the Oregon Forest Resources Institute. (2) “Producer” means a producer of forest products and includes any person, partnership, association, corporation, cooperative or other business entity involved in the growing, harvesting or producing of timber or timbe…
ORS 526.605 Findings. The State of Oregon recognizes that the forest products industry is one of the largest industries in the state. It provides monetary returns to labor, forestland owners, mill owners and operators, public timber purchasers, timber harvesters, investors and others. It is a source of local and state taxes. It is a major supporter of many secondary businesses that supply goods and services in our communities. The welfare of the state is therefore largely dependent on the health and vigor of the forest products industry. The Oregon Forest Resources Institute’s objectives support this important industry and the wise stewardship of natural resources for the benefit of Oregonians. [1991 c.949 §3; 2003 c.423 §1]
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[Repealed or reserved.]
ORS 526.610 Oregon Forest Resources Institute; board of directors; eligibility. There is created the Oregon Forest Resources Institute. The institute shall be governed by a board of directors appointed by the State Forester. In making the appointments, the State Forester shall take into consideration any nominations or recommendations made to the State Forester by producers or organizations that represent producers. The board shall consist of 11 voting members plus two nonvoting members appointed as follows
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(1) Three voting members to represent small producers of 20 million board feet or less per year. (2) Three voting members to represent medium producers of more than 20 million board feet but less than 100 million board feet per year. (3) Three voting members to represent large pr…
ORS 526.615 Qualifications of voting members. Except as provided in ORS 526.610 (5), each voting member of the board of directors of the Oregon Forest Resources Institute shall have the following qualifications
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(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 employee of such a producer or own between 100 and 2,000 acres of forestland in this state on which harvest taxes are paid, but have no direct financial interest …
ORS 526.620 Terms of voting members; vacancies. Each voting member of the board of directors of the Oregon Forest Resources Institute shall be appointed for a term ending three years from the date of the expiration of the term for which the member’s predecessor was appointed. If there is a vacancy on the board of a voting member, other than a vacancy caused by expiration of a term, the State Forester shall fill the vacancy for the remainder of the unexpired term with a person who represents the same class as the member whose term was vacated. [1991 c.949 §7; 1995 c.225 §5; 2003 c.423 §4]
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[Repealed or reserved.]
ORS 526.625 Effect of failure to maintain qualification; removal of member. (1) The State Forester shall immediately declare the office of any member of the board of directors of the Oregon Forest Resources Institute vacant whenever the member becomes a resident of another state or is unable to perform the duties of office. In addition, the State Forester shall immediately declare the office of any member of the board who represents producers vacant if the member ceases to be an active producer in the state
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(2) The State Forester may remove any member of the board of directors for inefficiency, neglect of duty or misconduct in office, but not until after a public hearing thereon and service upon such member of a copy of the charges together with a notice of the time and place of suc…
ORS 526.630 Expenses of members and staff. Directors, officers and employees of the institute may receive their actual and necessary travel and other expenses incurred in the performance of their official duties. The board of directors shall adopt uniform and reasonable rules governing the incurring and paying of such expenses. [1991 c.949 §9]
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[Repealed or reserved.]
ORS 526.632 Employees not subject to certain personnel regulation. Notwithstanding any other provision of law, wages or salaries of employees of the Oregon Forest Resources Institute are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250. [1993 c.584 §2]
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[Repealed or reserved.]
ORS 526.635 Officers. (1) The board of directors annually shall elect a chairperson
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(2) The board of directors shall meet regularly at least once each quarter, and at such other times as called by the chairperson. [1991 c.949 §10]
ORS 526.640 General authority of institute. The Oregon Forest Resources Institute shall enhance and provide support for Oregon’s forest products industry. In achieving these objectives the institute may
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(1) Increase public understanding of the practice of forestry and the use and benefits of forest products. (2) Support education and cooperative efforts among private forest landowners and within the forest products industry to: (a) Practice good stewardship of the land, and prot…
ORS 526.645 Additional powers. In addition to the functions listed in ORS 526.640, the Oregon Forest Resources Institute may
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(1) Conduct research and disseminate reliable information based upon such research. (2) Sue and be sued as an institute without individual liability for acts of the board of directors within the scope of the powers conferred upon it by law. (3) Enter into contracts which the boar…
ORS 526.650 Expenditure of funds restricted. (1) Notwithstanding ORS 526.645 (2), no funds shall be expended by the Oregon Forest Resources Institute for the purpose of supporting or opposing litigation or other legal action which is unrelated to the administration of the institute
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(2) No funds shall be expended by the institute for the purpose of influencing, or attempting to influence, any legislation or any rulemaking or other administrative activity of any state board, commission or agency. [1991 c.949 §13]
ORS 526.655 Acceptance of grants, donations and gifts. The Oregon Forest Resources Institute may accept grants, donations or gifts from any source for expenditures for any purposes consistent with the purposes of ORS 526.600 to 526.675. All funds so received shall be handled as specified in ORS 526.600 to 526.675 for other moneys received by the institute. [1991 c.949 §14]
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[Repealed or reserved.]
ORS 526.660 Application of budget and expenditure control laws. The provisions of ORS 576.410 to 576.450 as set forth in the 2001 Edition of Oregon Revised Statutes, pertaining to budget and expenditure control, apply to budgets and expenditures of the Oregon Forest Resources Institute except that
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(1) All references in such statutes to the Director of Agriculture shall be considered references to the State Forester. (2) All references in such statutes to the board shall be considered references to the State Board of Forestry. (3) All references in such statutes to the comm…
ORS 526.665 Exemption from certain financial administration laws. Except as otherwise provided in ORS 526.600 to 526.675, ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply to the Oregon Forest Resources Institute or to the administration and enforcement of ORS 526.600 to 526.675. [1991 c.949 §17]
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[Repealed or reserved.]
ORS 526.670 Books and records; audit. The Oregon Forest Resources Institute shall keep accurate books, records and accounts of all its dealings which shall be open to inspection and audit by the Secretary of State. [1991 c.949 §18]
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[Repealed or reserved.]
ORS 526.675 Oregon Forest Resources Institute Fund; use of moneys; rules. (1) The Oregon Forest Resources Institute Fund is created in the State Treasury, separate and distinct from the General Fund. Except as otherwise provided by law, all moneys received by the Oregon Forest Resources Institute shall be paid into the State Treasury and credited to the fund. All moneys in the fund are appropriated continuously to the institute to carry out its duties, functions and powers. Interest earnings on all moneys in the fund shall be retained in the fund
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(2) The board of directors of the institute may repay moneys from the fund to persons who paid a privilege tax levied under ORS 321.017. The board may repay the amount of tax paid upon application by the person who paid the tax. The board shall adopt rules necessary for the imple…
ORS 526.680 [1991 c.949 §15; repealed by 2003 c.423 §10]
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[Repealed or reserved.]
ORS 526.685 [1991 c.949 §19; repealed by 2003 c.423 §10]
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FOREST RESOURCE TRUST
ORS 526.695 Definitions for ORS 526.695 to 526.775. As used in ORS 526.695 to 526.775, unless the context otherwise requires
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(1) “Contract” means the contract signed by the forestland owner and the State Forester, acting on behalf of the Forest Resource Trust pursuant to ORS 526.705. (2) “Ecosystem services” means environmental benefits arising from the conservation and management of forestland, includ…
ORS 526.700 Forest Resource Trust; purpose; trustees; advisory committee; rules; duties. (1) The Forest Resource Trust is established in the State Forestry Department. The Forest Resource Trust shall provide funds for financial, technical and related assistance to qualified private and local government forestland owners for stand establishment and improved management of forestlands for timber production as well as wildlife, water quality and other environmental purposes
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(2) The members of the State Board of Forestry shall have overall responsibility for management of the Forest Resource Trust. The board is authorized to establish policies and programs in addition to those created by ORS 526.695 to 526.775 to further the purposes of the trust. (3…
ORS 526.703 Cost share program; purpose; advance of moneys and assistance. (1) The State Board of Forestry shall establish a voluntary cost share program to ensure that the purposes of the Forest Resource Trust are achieved. The purpose of the program is to provide financial and other incentives for stand establishment and improved management of nonindustrial private forestlands
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(2) In advancing moneys and providing other assistance for stand establishment and improved forest management, the State Forester shall: (a) Give priority, to the extent possible, to lands zoned for forest use under county comprehensive plans and to other lands with moderate to h…
ORS 526.705 Loan program; financial assistance terms and conditions; rules. (1) To carry out the duties, functions and powers of the Forest Resource Trust, there is created a voluntary loan program to finance establishment of stands of trees and the improved management of qualified private and local government forestlands
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(2) In advancing moneys and providing other assistance for stand establishment, the State Board of Forestry shall: (a) Give priority to lands zoned for forest uses under county comprehensive plans and to other lands with moderate to high probability of success for long-term stand…