Title 38, Protection from Fire

The State Forestry Department: (1) May provide funding to rangeland protection associations for firefighting and rangeland fire readiness. (2) Shall assist rangeland protection associations with pursuing federal grant funding for volunteers to assist with firefighting and for rur…

(1) Before June 1 each year, the owners of rangeland to be protected under ORS 477.320, and all rangeland protection associations, shall prepare in cooperation with the State Board of Forestry or its authorized representative, and submit to the board, a proposed budget for the fi…

(1) The State Forester shall appoint one or more district fire wardens for each forest protection district. (2) The State Forester shall appoint such additional fire wardens as are needed to enforce this chapter. [1965 c.253 §86; 1997 c.274 §8]

The district fire warden, under the direction of the State Forester, has charge of the fire prevention and suppression system in the forest protection district of the warden and such other duties as are required by law and the rules of the State Board of Forestry. Any other warde…

(1) Under instructions from the forester as to their exercise of state authority, all wardens shall: (a) Take proper steps for the prevention and extinguishment of fires within the localities in which they exercise their functions. (b) Control the use of fire for clearing land du…

(1) For the prevention, mitigation and suppression of fire on forestland or on land other than forestland, or both, the forester and a forest protective association may: (a) Jointly or separately purchase and dispose of, or contract for, goods, services, supplies, equipment or mo…

Contracts or agreements under ORS 477.406 may provide, among other things, for any or all of the parties to do any one or more of the following: (1) Exchange services on a cooperative basis. (2) Provide services, supplies and equipment in return for cash payment or other compensa…

(1) The Department of Transportation and the Douglas Forest Protective Association, the Coos Forest Protective Association, the Walker Range Forest Protective Association or any successor association may enter into contracts that provide for seasonal fire prevention and suppressi…

(1) Unless otherwise provided in a contract or agreement, and except as provided in subsection (2) of this section: (a) A party to a contract or agreement under ORS 477.406, who is performing services for the benefit of another party, is not liable for injury or damages to person…

All money received by the forester pursuant to a contract or agreement described in ORS 477.406 shall be paid into the State Treasury, credited to the State Forestry Department Account and used pursuant to law for the purposes of the contract or agreement. [1967 c.429 §28]

(1) As used in this section: (a) “Grazing land owner” means an individual, combination of individuals, partnership, corporation or association that holds an ownership interest in grazing land in this state. (b) “Large forest owner” means an individual, combination of individuals,…

The Emergency Fire Cost Committee shall: (1) Oversee the distribution of funds from the Oregon Forest Land Protection Fund established under ORS 477.750. (2) Review expenditures from the fund. (3) Review budgets for forest protection districts and provide recommendations on the b…

(1) The Emergency Fire Cost Committee shall meet and elect one of its members as chairperson. (2) Whenever the office of chairperson of the committee becomes vacant, the committee at its next regular or special meeting shall elect one of its members to fill the vacancy. [Formerly…

(1) Regular meetings of the Emergency Fire Cost Committee shall be held quarterly. (2) Special meetings of the committee may be called by its chairperson or by a majority of the voting members. (3) The act or decision of a majority of the voting members shall be deemed the act or…

(1) The administrator described in ORS 477.455 shall: (a) Act as secretary of the Emergency Fire Cost Committee; and (b) Carry out the provisions of ORS 477.440 to 477.460 in such manner as the committee shall direct. (2) The salary and other expenses of the administrator and of …

(1) As used in this section, “order” has the meaning given that term in ORS 183.310. (2) An order issued by the State Forestry Department under ORS 477.490 (2023 Edition) that assigns property to a wildfire hazard zone is null and void. [2025 c.590 §8] Note: 477.491 was enacted i…

The Landscape Resiliency Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Landscape Resiliency Fund shall be credited to the fund. The fund shall consist of all moneys placed in the fund as provided by law and any gift…

(1) As used in this section, “wildland-urban interface” has the meaning given that term in ORS 477.015. (2)(a) The State Forestry Department shall design and implement a program to reduce wildfire risk through the restoration of landscape resiliency and the reduction of hazardous…

ORS 477.503 does not expand, diminish or otherwise affect a right, privilege, duty or function established under federal, state or local laws or rules that pertain to the management of private lands in this state. [2021 c.592 §19] Note: See note under 477.503.

(1) The State Forestry Department shall annually report regarding the wildfire risk reduction program and the implementation of a 20-year landscape resiliency plan to a committee or interim committee of the Legislative Assembly related to wildfire issues, in the manner provided i…

(1) When conditions of fire hazard exist in a forest protection district or any part thereof, the State Forester may designate for that district or any part thereof the date of the beginning of a fire season for that year. The fire season shall continue for that district or part …

It is unlawful, during a fire season inside or within one-eighth of one mile of a forest protection district, to: (1) Smoke while working in or traveling through any operation area. (2) Use fuse and caps for blasting unless approval is granted by the forester. [Formerly 477.165; …

(1) As used in this section: (a) “Exploding target” means a device: (A) Designed for use or used as a target for small arms ammunition or for other projectiles; (B) Consisting of a flammable substance or flammable combination of substances; and (C) Capable of exploding when struc…

(1) It is unlawful to set or cause to be set an open fire inside or within one-eighth of one mile of a forest protection district, either on one’s own land or on the land of another, without first securing a written permit for burning from the forester and complying with the cond…

The forester may refuse, suspend or revoke a permit authorized by or issued under ORS 477.515 (1), when necessary in the judgment of the forester to prevent danger to life, health, forest resources or property. The forester may also refuse, suspend or revoke a permit authorized b…

None of the functions of the Environmental Quality Commission under ORS 477.013, 477.515 and 477.520 shall be performed by any regional air quality authority established pursuant to ORS 468A.105. [1969 c.680 §5; 1997 c.274 §49] (Restricted Uses)

(1) If the forester determines that any forestland inside or within one-eighth of one mile of a forest protection district is particularly exposed to fire danger, by proclamation the forester may designate such forestland as an extra fire hazard and may restrict the use of such f…

(1) The forester shall cause a notice of the closure proclaimed under ORS 477.535 to be posted in conspicuous locations that are in or near the designated areas. The forester shall cause a notice of each proclamation to be published in at least one newspaper published in each for…

(1) Regulated closures require entrants into designated areas to comply with the requirements set forth in the proclamation under ORS 477.535, which requirements in the judgment of the forester are necessary to prevent danger to life, forest resources or property. (2) Absolute cl…

(1) Except as provided in subsection (2) of this section, it is unlawful to enter any restricted area except in compliance with ORS 477.535 and 477.545, or to violate any of the requirements or restrictions under such sections. (2) Nothing in this section applies to an owner’s ri…

It is the policy of the State of Oregon: (1) To improve the management of prescribed burning as a forest management and protection practice; and (2) To minimize emissions from prescribed burning consistent with the air quality objectives of the federal Clean Air Act and the State…

(1) With the advice and assistance of the advisory committee established under ORS 477.556, and subject to the review of the State Board of Forestry, the State Forester shall adopt and implement programs for meeting the objectives set forth in ORS 477.013 and 477.552 to 477.562. …

(1) An advisory committee shall be created by the State Forester to advise and assist the State Forester in carrying out the programs required by ORS 477.013, 477.515 and 477.552 to 477.562. The advisory committee shall consist of five members as set forth in subsections (2) and …

The advisory committee created under ORS 477.556 shall: (1) Advise the State Forestry Department in collecting information about prescribed burning operations; and (2) Advise the State Forestry Department on the collection, analysis and distribution of information required under …

(1) The Oregon Forest Smoke Management Account is established separate and distinct from the General Fund in the State Treasury. (2) The following moneys shall be credited to the Oregon Forest Smoke Management Account: (a) Nonrefundable registration fees received by the State For…

(1) The State Forestry Department shall collect a nonrefundable registration fee for Class 1 forestland under ORS 526.324 to be burned west of the summit of the Cascade Mountains, not including Hood River County. (2) Any owner of Class 1 forestland under ORS 526.324 and any agenc…

(1) In an operation area on forestland inside or within one-eighth of one mile of a forest protection district: (a) If power-driven machinery is used at any location to load and assemble forest products, the operator shall fell all dead trees and snags of such size and within suc…

(1) Following the issuance of a permit pursuant to ORS 477.625, and after slashing has been created in an operation area inside or within one-eighth of one mile of a forest protection district, the forester may make a determination if such slashing and debris exists on the operat…

Any person violating any provisions of ORS 477.615 and 477.645 to 477.655 may be enjoined in an appropriate judicial proceeding from the further use of such equipment until the person complies with these sections. [Formerly 477.218; 1997 c.274 §19]

(1) Notwithstanding any other law, the State Forester, in cooperation with other forest protection associations and agencies, shall carry on a continuous program for the standardization of equipment used for the protection of forestland from fire, and may issue rules, with the ap…

(1) During a fire season inside or within one-eighth of one mile of a forest protection district, when, in the judgment of the forester, an operation is of sufficient size or so planned and operated as to justify additional protection from fire, the owner or operator, when so dir…

(1) Every person conducting an operation inside or within one-eighth of one mile of a forest protection district that uses fire in any form or power-driven machinery shall first obtain from the forester a written permit, which shall require that the holder of the permit: (a) Take…

(1) Each permit issued under ORS 477.625 shall include: (a) The legal description of the area upon which any operation is to be conducted, or an alternate description of the area permitted by the forester; (b) The name and address of the operator and owner; and (c) Any other info…

The forester may issue the permits required in ORS 477.625 and suspend or revoke such permits because of violation of the terms thereof or noncompliance with this chapter. The forester shall refuse to issue a permit to any person for the conduct of an operation when, in the judgm…

During a fire season, every person using, operating or fueling a saw powered by an internal combustion engine inside or within one-eighth of one mile of a forest protection district shall comply with the rules of the State Forester relating thereto, promulgated for the prevention…

(1) During a fire season every person operating an internal combustion engine inside or within one-eighth of one mile of a forest protection district shall equip and maintain the engine in conformity with rules promulgated by the State Forester. These rules shall prescribe such e…