Current through Register Vol. 63, No. 9, September 1, 2024
(1) The State Forester's classification of
forest lands, required by OAR
629-035-0050,
shall be accomplished pursuant to this section.
(2) Land Classifications. All forest lands
subject to this rule shall be classified into one of the following four
classifications: General Stewardship, Focused Stewardship, Special Use, or High
Value Conservation Areas. These classifications apply to lands designated as
Silviculturally Capable and Non-Silviculturally Capable.
(3) Distinguishing Characteristics. All
forest lands will be classified according to the following distinguishing
characteristics. In addition, forest lands will be further classified into
subclasses when they are classified as Focused Stewardship, Special Use, or
High Value Conservation Areas.
(a) General
Stewardship lands include all those whose forest resources are managed using
integrated management practices in a manner which is intended to accomplish
forest management planning goals, and are compatible over time and across the
landscape when actively managed.
(b) Focused Stewardship lands include all
those whose forest resources are managed using integrated management practices
in a manner which is intended to accomplish forest management planning goals,
and are compatible over time and across the landscape when actively managed,
but for which a forest management plan, habitat conservation plan, or other
legal requirement identifies a requirement for one or more of the following for
a specific resource: supplemental planning, before conducting management
practices, that helps to achieve identified goals for the specific resource;
modified management practices that help achieve the identified goals for the
specific resource; or, compliance with legal or contractual requirements above
those required on lands classified as General Stewardship.
(A) In addition, other lands may be
classified as Focused Stewardship where more specific, small scale, or
time-limited plans developed by the State Forester to implement forest
management plans call for supplemental planning and/or modified management
practices to help achieve the identified goals for a specific resource.
(B) These lands will be further
classified into one of the following subclasses:
(i) Agriculture, Grazing or Wildlife Forage -
lands where agricultural crops, domestic livestock grazing values, or wildlife
forage values exist and are the focus of the supplemental planning, modified
management practices, or legal requirements described above.
(ii) Aquatic and Riparian Habitat - lands
where aquatic and riparian habitat exists and where the habitat is the focus of
the supplemental planning, modified management practices, or legal requirements
described above.
(iii) Cultural
Resources - lands where cultural resources exist and where those resources are
the focus of the supplemental planning, modified management practices, or legal
requirements described above.
(iv)
Deeds - lands where deed requirements are a focus of the integrated management
of a variety of forest resources.
(v) Domestic Water Use - lands where
individuals or communities have water rights, where surface water is being used
for domestic water use and where the State Forester determines water quality
and/or quantity is a focus of the integrated management of a variety of forest
resources. For the purposes of this section, "domestic water use" means the use
of water for human consumption and other household human use.
(vi) Easements - lands where contractual
obligations are a focus of the integrated management of a variety of forest
resources.
(vii) Energy and
Minerals - lands where commercial quantities of energy or minerals exist,
commercial extraction is occurring or likely to occur, and where those
resources are the focus of the supplemental planning, modified management
practices, or legal requirements described above.
(viii) Plants - lands where a specific plant
species or a community of plants exist and where those resources are the focus
of the supplemental planning, modified management practices, or legal
requirements described above.
(ix)
Recreation - lands that receive moderate or high levels of dispersed
recreational use and where recreation management is the focus of the
supplemental planning, modified management practices, or legal requirements
described above.
(x)
Research/Monitoring - lands that are part of a research or monitoring project
and where the design of the project requires supplemental planning or modified
management practices.
(xi)
Transmission - lands used for the transmission of energy, materials, data,
video, and/or voice and where the transmission is a focus of the integrated
management of a variety of forest resources.
(xii) Visual - lands which have been
identified as having high or moderate visual sensitivity according to criteria
in a forest management plan and where those visual resources are the focus of
the supplemental planning, modified management practices, or legal requirements
described above.
(xiii) Wildlife
Habitat - lands where wildlife habitat for a specific species or group of
species exists and where that habitat is the focus of the supplemental
planning, modified management practices, or legal requirements described above.
(c) Special
Use areas are those lands for which a forest management plan, habitat
conservation plan, or other legal requirement identifies one or more of the
following: a legal or contractual constraint dominates the management of the
lands and precludes the integrated management of all forest resources; lands
are committed to a specific use and management activities are limited to those
that are compatible with the specific use.
(A) In addition, other lands may be
classified as Special Use areas, where more specific, small-scale, or
time-limited plans developed by the State Forester to implement forest
management plans call for a level of protection or a specific use that
precludes the integrated management of all forest resources.
(B) These lands will be further classified
into the following subclasses:
(i)
Administrative Sites - lands where administrative requirements restrict the
integrated management of forest resources. These lands include but are not
limited to building sites, rock stockpile sites, log storage/sorting sites, and
demonstration areas.
(ii)
Agriculture, Grazing, or Wildlife Forage - lands where agricultural crops,
domestic stock grazing, or wildlife forage values exist in a quantity or
quality that restricts the integrated management of forest resources.
(iii) County or Local
Comprehensive Plans - lands identified in county or local comprehensive plans
where the integrated management of forest resources is restricted. Counties or
local governments must take an exception to statewide land use planning Goal 4
for these lands.
(iv) Cultural
Resources - lands where cultural resources exist in a quantity or quality that
restricts the integrated management of forest resources.
(v) Deeds - lands where deed requirements
restrict the integrated management of forest resources.
(vi) Domestic Water Use - lands where
individuals or communities have water rights, where surface water is being used
for domestic water use and where the State Forester determines the need to
protect water quality or quantity restricts the integrated management of forest
resources. For the purposes of this section, "domestic water use" means the use
of water for human consumption and other household human use.
(vii) Easements - lands where contractual
obligations restrict the integrated management of forest resources.
(viii) Energy and Minerals - lands where
commercial quantities of energy or minerals exist, extraction is occurring or
likely to occur, and where the extraction restricts the integrated management
of forest resources.
(ix)
Operationally Limited - lands where current technology or engineering
techniques are considered by the State Forester to be inadequate to reasonably
ensure that integrated management practices would not cause significant
long-term adverse effects. The State Forester may limit, restrict, or prohibit
management activities in these areas as needed to protect forest resources or
to accomplish the management goals for surrounding areas.
(x) Recreation - lands devoted to
concentrated, formal recreation, or public education that restricts the
integrated management of forest resources. These lands include but are not
limited to campgrounds, forest parks, waysides, rest areas, and interpretive
centers.
(xi) Research/Monitoring
- lands that are part of a research or monitoring project and the design of the
project restricts the integrated management of forest resources.
(xii) Transmission - lands dedicated to the
transmission of energy, materials, data, video and/or voice and where
integrated management of forest resources is restricted. These lands include
but are not limited to power lines, pipelines, and communication sites.
(xiii) Visual - lands subject to
laws or regulations related to visual qualities or lands where the management
practices needed to meet visual management objectives dominate over the
integrated management of forest resources.
(d) High Value Conservation Areas are lands
for which a forest management plan, habitat conservation plan, or other legal
requirement identifies areas in the landscape which need to be appropriately
managed in order to maintain, enhance, or restore important conservation values
and one or more of the following: a legal or contractual constraint dominates
the management of the lands and directs the management of forest resources;
lands are committed to a specific conservation value and management activities
are limited to those that are compatible with achieving goals for the specific
conservation value.
(A) In addition, other
lands may be classified as High Value Conservation Areas, where more specific,
small-scale, or time-limited plans developed by the State Forester to implement
forest management plans call for a level of resource protection that directs
the management of forest resources.
(B) These lands will be further classified
into the following subclasses:
(i) Aquatic
and Riparian Habitat - lands where aquatic or riparian habitat exists and where
a legal requirement or the need to protect the habitat directs management of
forest resources.
(ii) Unique,
Threatened or Endangered Plants - lands where a specific plant species or a
community of plants exist and where a legal requirement or the need to protect
the plant(s) directs management of forest resources.
(iii) Wildlife Habitat - lands where a legal
requirement or the need to maintain, protect, or enhance a wildlife habitat
directs management of forest resources.
(4) Types of Management.
(a) General Stewardship lands shall be
actively managed, in compliance with OAR
629-035-0020,
to provide healthy, productive, and sustainable forest ecosystems that over
time and across the landscape provide a full range of social, economic, and
environmental benefits to the people of Oregon. Lands within this
classification which are designated as Silviculturally Capable will be actively
managed to meet the requirements of
629-035-0020(2).
Lands within this classification which are designated as Non-Silviculturally
Capable are not managed for sustainable timber harvest and revenues, but are
managed to be consistent with the remaining management direction provided by
629-035-0020(2).
All management practices shall be consistent with the direction provided by
629-035-0020(3).
(b) Focused Stewardship lands
shall be managed in the manner provided for General Stewardship lands in the
preceding subparagraph. However, because one or more specific forest resources
on these lands require a heightened or focused awareness, supplemental planning
and/or modified management practices may be required to achieve the goals of
forest management plans, habitat conservation plans or legal requirements.
Management practices may be modified to emphasize the protection and management
of identified forest resources, but the practices will be consistent with the
direction provided by OAR
629-035-0020(3)
and will avoid long-term adverse impacts to the specified resources.
(c) Special Use areas shall be managed for a
specific forest use. Integrated management is conducted on these lands to the
extent possible without interfering with the management of the specific forest
use. Management practices will be modified to emphasize the protection and
management of identified forest uses and will avoid long-term adverse impacts
to the specified resources.
(d)
High Value Conservation Areas shall be managed for a specific conservation
value. Forest management may be conducted to the extent that forest management
activities promote the conservation values and are consistent with applicable
legal requirements and will avoid long-term adverse impacts to the specified
conservation value.
(5)
Range of Management Activities.
(a) On lands
classified for General Stewardship, all management activities that meet or
exceed the requirements of applicable state and federal laws, habitat
conservation plans and forest management plans are allowed.
(b) On lands classified for Focused
Stewardship, all management activities that meet or exceed the requirements of
applicable state and federal laws, habitat conservation plans and forest
management plans are allowed. However, management activities may require
supplemental planning and/or modified practices to achieve the goals identified
in the forest management plans for the specific forest resources. Management of
the specific forest resources may have minor effects on the management of other
forest resources, but will not preclude the integrated management of forest
resources.
(c) On lands classified
for Special Use or High Value Conservation Areas, management activities that
protect, maintain, enhance, or restore the specific forest uses or conservation
values, or are necessary to comply with the legal requirements, are allowed.
Management of other forest resources on these lands must have no significant
long-term adverse effect on the specific forest use or conservation value which
required the classification.
(6) Resources Addressed.
(a) The General Stewardship classification
will provide for management of all resources included in Forest Management
Plans. All resources may not be treated equally on every acre, but across the
landscape the resources will be managed to meet the goals identified in the
Forest Management Plans.
(b) The
Focused Stewardship classification will provide for management of all resources
included in Forest Management Plans. Lands having forest resources described in
a subclass designation will be assigned to that subclass. The subclass
designation will be used to identify the specific forest resources that, with
supplemental planning and/or modified management practices, can be managed in
an integrated approach with other forest resources. All resources may not be
treated equally on every acre, but across the landscape the resources are
managed to meet the goals identified in the Forest Management Plans.
(c) The Special Use and High Value
Conservation Area classifications address all forest resources included in the
Forest Management Plan that meet the distinguishing characteristics of these
classifications. Lands having forest resources described in a subclass
designation will be assigned to that subclass. The subclass designation will be
used to identify the specific forest resources or uses that are the emphasis of
the management of these lands.
(7) Forest Land Management Classification
Considerations. The following considerations apply to Forest Land Management
Classifications:
(a) Prescriptions are not
part of Forest Land Management Classifications. Prescriptions will be based
upon goals and strategies in a forest management plan, statutory, or
contractual requirements, and site-specific conditions.
(b) The identification and mapping of
streams, wetlands, and the associated Aquatic and Riparian Habitat subclasses
will be based upon criteria in Forest Management Plans and habitat conservation
plans and will be accomplished using existing information or map-based
estimates. The information will be updated through watershed assessments,
planning for site-specific management activities or site-specific field visits
conducted over time. The updated information will be used to determine any
changes that may be needed to the classification of aquatic and riparian
habitat.
(c) Land management
classifications will be applied to broad geographic areas. Normally, areas
smaller than five acres will not be classified, but will be included as part of
an adjacent classification. Areas smaller than five acres will only be
classified where specific information exists and the classification will be
meaningful for making decisions on management activities.
(d) The boundary lines shown on maps for
forest land management classifications are approximate locations. Exact
locations of boundary lines will be determined on the site and will depend upon
the conditions that exist on the site. Management activities will be conducted
based upon boundaries determined on site rather than boundaries shown on maps.
(e) More than one classification
or subclass may be assigned to a parcel of land. Where this occurs, the
resource requiring the highest level of protection will determine the
management approach. For example, if a Focused Stewardship resource and a High
Value Conservation Area resource exist on the same parcel, then the High Value
Conservation Area resource will be given the emphasis in the management of the
resources. If multiple resources exist on a parcel and they are all within the
same classification i.e. Focused Stewardship or High Value Conservation Area,
the management approach will seek to achieve the goals for all of the
identified resources to the maximum extent practicable.
(f) For the purposes of protecting threatened
and endangered species and certain specific sites used by threatened and
endangered species, locations of specific sites, such as nest trees and
roosting trees, will not be displayed on classification maps. Broader
geographic areas within which the sites exist will be displayed. The
appropriate size of the area to be displayed may vary with the specific site.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS
530.050