Title 38, Protection from Fire

The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760 (1). The civil penalty may not exceed: (1) For a person that distributes or offers to sell cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarett…

As used in this chapter: (1) “Additional fire hazard” means a hazard that has been determined to exist by the forester pursuant to ORS 477.580. (2) “Board” means the State Board of Forestry. (3) “Campfire” means any open fire used for cooking, personal warmth, lighting, ceremonia…

(1) The preservation of the forests and the conservation of the forest resources through the prevention and suppression of forest fires hereby are declared to be the public policy of the State of Oregon. (2) In order to accomplish the purposes of the policy stated in this section…

(1) For the purpose of an investigation as to liability for cost of hazard abatement, fire abatement or damages under this chapter, the Attorney General, at the request of the State Forester, may administer oaths and affirmations, take testimony or depositions and by subpoena com…

(1) For the purpose of maintaining air quality, the State Forester and the Department of Environmental Quality shall approve a plan for the purpose of managing smoke in areas they shall designate. The plan shall delineate regulated areas to which this section applies. The plan sh…

As used in this section and ORS 477.025: (1) “Wildland” means: (a) Forestland, as defined in ORS 477.001; or (b) An unimproved area that contains enough unmanaged vegetation, at any time of the year, to constitute a fire hazard, in the judgment of the forester, regardless of how …

The Legislative Assembly recognizes that the wildland-urban interface in Oregon varies by condition, situation, fire hazard and risk, that different wildland-urban interface fire protection problems exist across the state because of this variability, and that these different prob…

(1) All forestland that by reason of its lack of adequate fire protection endangers life, forest resources or property is declared to be a public nuisance. (2) Whenever the forester learns thereof, the forester may direct the owner or operator of such forestland to take proper st…

Any fire on any forestland in Oregon burning uncontrolled or without proper action being taken to prevent its spread, notwithstanding its origin, is declared a public nuisance by reason of its menace to life, forest resources or property. The spread of fire in forestland across a…

(1) Each owner and operator of forestland on which a fire exists or from which it may have spread, notwithstanding the origin or subsequent spread thereof, shall immediately proceed to control and extinguish such fire when its existence comes to the knowledge of the owner or oper…

For the purpose of ORS 477.066, notification to the owner or operator of the forestland, is considered sufficient notification to the owner of the existence of a fire. [Formerly 477.042 and then 477.071]

(1) In case an owner or operator fails to perform the duty required by ORS 477.066, or is willful, malicious or negligent in the origin or subsequent spread of the fire, the actual cost incurred by the forester or a forest protective association or agency in controlling or exting…

Notwithstanding any other law, in any action authorized by ORS 477.068 to collect the costs incurred, the plaintiff may unite in the same complaint causes of action based upon any or all of the grounds therein mentioned. [1957 c.157 §1; 1961 c.603 §9; 1965 c.253 §54]

Any person who willfully or negligently sets a fire or causes a fire to be set for which efforts to control or extinguish the fire in order to protect forestland within a forest protection district from fire are exerted by the forester or any forest protective association or agen…

(1) As used in this section: (a) “Economic and property damage” means the sum of: (A) The lesser of the difference in the fair market value of property immediately before and immediately after a wildfire or the cost of restoring property to the condition the property was in immed…

(1) As used in this section, “wildfire” has the meaning given that term in ORS 477.089. (2) A person is not liable in a civil action for injury to or destruction of property arising out of a wildfire, except to the extent evidence demonstrates that: (a) An action or inaction of t…

(1) An owner of forestland shall not be subject to the provisions of ORS 477.068 and 477.089, where the origin or subsequent spread of a fire was the direct result of training activity by the Oregon National Guard or of any component of the Armed Forces of the United States. (2) …

(1) The State Forester, or any agency or organization with responsibility under this chapter to suppress fires, may not prohibit an owner or the owner’s agent from suppressing a fire occurring on the owner’s property or that poses a threat to the owner’s property. (2) Notwithstan…

(1) Except as provided in subsections (2) and (3) of this section, the owner or operator of forestland is not subject to the obligations or penalties of ORS 164.335 and 477.740 or 477.064, 477.066 and 477.068 if: (a) Forest patrol assessments are regularly paid for the forestland…

(1) As used in this section: (a) “Voluntarily” means not undertaken as a condition of employment or with an expectation of remuneration. (b) “Wildfire” means a fire burning uncontrolled: (A) On private forestland; (B) On private cropland, pasture, rangeland or other private agric…

(1) A forest protective association, rangeland protection association as defined in ORS 477.315 or public body as defined in ORS 174.109, or a person acting as an agent of a forest protective association, rangeland protection association or public body, is not liable for any inju…

(1) As used in this section, “firefighter” means an employee of the State Forestry Department or of a forest protective association, as defined in ORS 477.001, whose duties include the abatement of uncontrolled fire as described in ORS 477.064. (2) The State Forester may authoriz…

(1) The State Forestry Department shall establish and maintain an expanded system of automated smoke detection cameras that includes staffing in detection centers to monitor and alert fire suppression staff when fires are detected. (2) The system must serve the purposes of quickl…

The State Forestry Department: (1) Shall consult and coordinate with federal agencies, private stakeholders and other state agencies to determine the adequacy of state, federal and private wildfire response capacity. The department shall act to facilitate wildfire prevention and …

As used in the Northwest Wildland Fire Protection Agreement as set forth in ORS 477.200, “all possible aid” means the assistance that a member can provide in response to a request for aid without materially diminishing the overall fire prevention or protection capabilities of the…

If the Northwest Wildland Fire Protection Agreement is amended in accordance with Article IX of the agreement, the Governor shall invoke Article X of the agreement to withdraw from the agreement until such time as the Legislative Assembly ratifies the amendment, or during the int…

The Governor shall make reasonable efforts to use local available fire protection resources within Oregon before calling on forces from other members of the Northwest Wildland Fire Protection Agreement. [1999 c.258 §5] Note: See note under 477.175.

The Governor may take any action necessary to carry out the Northwest Wildland Fire Protection Agreement as set forth in ORS 477.200. The Governor may delegate the authority granted under this section or ORS 477.180 and 477.185 to the State Forester. [1999 c.258 §6] Note: See not…

(1) The Legislative Assembly of the State of Oregon hereby ratifies the Northwest Wildland Fire Protection Agreement set forth in ORS 477.200, and the provisions of such agreement hereby are declared to be the law of this state upon such agreement becoming effective as provided i…

The provisions of the Northwest Wildland Fire Protection Agreement are as follows: ______________________________________________________________________________ ARTICLE I The purpose of this agreement is to promote effective prevention, presuppression and control of forest fires…

As used in ORS 477.205 to 477.281: (1) “Budget” means an estimate of the amount of moneys a forest protection district needs for preparedness for, and for the prevention and suppression of, forest fires on forestland, not including centralized administration costs. (2) “Grazing l…

(1) During the season of the year when there is danger of fire, every owner of forestland shall provide adequate protection against the starting or spread of fire thereon or therefrom, which protection shall meet with the approval of the State Board of Forestry. (2) Subsection (1…

(1) The forester is not required to provide protection for forestland that is either a small parcel or a tract isolated from a forest protection district and which land is found by the forester as not practicable to be included in a forest patrol system. (2) ORS 477.205 to 477.28…

The State Forester, by rule, shall designate areas of forestland within this state as forest protection districts within which the forester is required to provide protection pursuant to this chapter. In establishing new boundaries or changes in boundaries of the districts, the St…

(1) The annual cost of protection provided by the State Forester for forestland within a forest protection district shall be as described in this section. (2)(a) Grazing land within the district shall be protected by the State Forester at a pro rata cost of not less than 30 cents…

Subject to the forest patrol assessment limitations set forth in ORS 477.230: (1) Actual costs incurred by the State Forester in accordance with ORS 321.011 for adequate protection against fire on grazing land or timberland located within a forest protection district, in excess o…

The forester shall prepare tentative budget estimates for each forest protection district for the ensuing fiscal year beginning July 1, in a manner consistent with accounting and budgetary procedures prescribed by the State Board of Forestry. [Formerly 477.041; 1967 c.429 §3]

In any forest protection district wherein the forester has entered into a cooperative agreement or contract with a forest protective association or agency described in ORS 477.406 (1), and the association or agency has appointed an advisory and guidance committee for the purposes…

(1) All owners of lands assessed under ORS 477.205 to 477.281 shall have an opportunity to be heard on matters pertaining to the budgeting of moneys required to defray the cost of protection in each forest protection district. The forester, under the direction of the State Board …

(1) Not more than four weeks preceding each budget meeting, the forester shall cause notice of such meeting to be published once a week for two consecutive weeks in one or more newspapers published in or having general circulation in each of the counties in the forest protection …

(1) The public budget meeting shall be held at the time and place as stated in the published notice, or at such other time and place to which the meeting may be adjourned. (2) A member of the State Board of Forestry, or the forester, shall act as chairperson of the meeting. The f…

(1) Any owner of grazing land or timberland within the boundary of the forest protection district who is adversely affected by the proposed budget may file an appeal within 30 days after the date of the public budget meeting. (2) Any owner of grazing land or timberland subject to…

The State Board of Forestry shall annually review the forest protection district budgets, make any changes in the budgets that are proper and consistent with law, and pass final approval on all district budgets and the prorated acreage rates therein. [Formerly 477.051; 1999 c.355…

(1) Subject to the forest patrol assessment limitations set forth in ORS 477.230: (a) The budgeted cost of the forester, as provided for in ORS 477.205 to 477.281, in providing protection for privately owned forestland shall be a lien upon such property, shall be reported by the …

(1)(a) In addition to any other assessment prescribed by ORS 477.205 to 477.281, a surcharge shall annually be levied and assessed in the amount of $58 for each improved lot or parcel to defray the increased cost of fire suppression on forestland that is caused by the existence o…

(1) The obligation of an owner of timberland or grazing land for payment of assessments and taxes for fire protection of forestland is limited to: (a) The payment of moneys pursuant to ORS 321.015 (2), 477.277 and 477.295 into the Oregon Forest Land Protection Fund; and (b) The p…

(1)(a) For purposes of making the levy and assessment of costs against forestland under ORS 477.270, the minimum cost to provide fire protection or suppression for any lot or parcel of real property separately assessed for ad valorem taxes or other taxes provided by law in lieu t…

(1) Moneys available at any time in the State Forestry Department Account for the purposes of this chapter, particularly ORS 477.205 to 477.281, which moneys are not specifically obligated for other purposes, may be used by the forester with the approval of the State Board of For…

The forester is authorized to enforce the provisions of ORS 164.805 insofar as such affects forestland within forest protection districts established under this chapter. [1965 c.428 §2; 1971 c.743 §387]

As used in ORS 477.315 to 477.325: (1) “Rangeland” means any land: (a) That is located in that part of the state lying easterly of the summit of the Cascade Mountains; (b) That has not been classified as Class 1, Class 2 or Class 3 forestland under ORS 526.305 to 526.370; and (c)…