Current through Register Vol. 63, No. 9, September 1, 2024
(1) Operators must obtain written approval of
a plan for an alternate practice from the State Forester before conducting
forest practices utilizing protection standards or methods different than those
specified in rule or statute.
(2)
Plans for an alternate practice must include sufficient information to allow
the State Forester to assess the plan to determine that the practices described
in the plan will yield results consistent with ORS
527.610 to
527.770 and administrative rules
adopted thereunder.
(3) Plans for
alternate practices proposed as part of a written plan required by ORS
527.670(3)
shall be subject to the hearings provisions of 527.700(3) (Appeals from orders
of State Forester hearings procedure; stay of operation); and shall be subject
to the provisions of 527.670(10), (11) and (12) (Commencement of operations;
when notice and written plan required; appeal of plan) prescribing certain
waiting periods and procedures.
(4)
An operator must comply with all provisions of an approved plan for an
alternate practice.
(5) The
following rules require an operator to submit a plan for an alternate practice
and obtain approval from the State Forester of the plan before starting the
specified practice or operation:
(a)
629-605-0100(2)(a) - Waiving or modifying the rules or statutes for a bona fide
research project conducted by a federal or state agency, a college or
university, or a private landowner;
(b)
629-605-0100(2)(b) - Waiving or modifying
a specific practice when doing so will result in less environmental damage than
if the practice is applied;
(c)
629-605-0100(2)(c) - Waiving or modifying a specific practice when doing so
will improve soil, water quality, fish habitat, or wildlife habitat;
(d)
629-605-0100(2)(d) - Waiving or modifying
rules to provide for public safety or to accomplish a land use
change;
(e)
629-605-0100(4) -
Waiving or modifying rules for resource sites when a county has an adopted
program under OAR 660-016-0005 and OAR 660-016-0010 that has evaluated the
resource sites;
(f)
629-605-0173(1)
- Conducting forest practices utilizing protection standards or methods
different than those specified in rule or statute;
(g)
629-605-0175(2) - Conducting operations
that result in a single harvest type 3 unit, or combinations of harvest type 3
units, that exceed the contiguous 120 acre limit on a single
ownership;
(h)
629-605-0175(7) -
Waiving the harvest type 3 acreage limitations for conversions or disasters
described in ORS 527.740(4);
(i)
629-605-0180(3) - Describing reasonable
measures to resolve conflicts between an operation and protection of a resource
site requiring a written plan under OAR 629-605-0170(5)(a) or (d);
(j)
629-605-0500 - Modifying the protection
requirements for streams, lakes, wetlands and riparian management areas for
reasons of forest health or because of hazards to public safety or
property;
(k)
629-610-0020(3) -
Waiving or modifying the reforestation requirements following a stand
improvement operation where the residual stand conditions will result in
enhanced long-term tree growth;
(l)
629-610-0020(10) - Modifying or waiving reforestation stocking levels if the
purposes of the reforestation rules will be achieved or for a research project
conducted by a public agency or educational institution;
(m)
629-610-0030(3) - Utilizing natural
reforestation methods when an operation results in a reforestation
requirement;
(n)
629-610-0040(3) -
Extending the time allowed for reforestation when natural reforestation methods
are utilized;
(o)
629-610-0050(2) -
Counting hardwoods to meet more than 20% of the applicable stocking standards
when an operation results in a reforestation requirement;
(p)
629-610-0060(1) - Counting non-native
tree species to meet the applicable stocking standards when an operation
results in a reforestation requirement;
(q)
629-610-0070(1) - Suspending the
reforestation rules for the salvage or conversion of low value forest stands
when participating in a forest incentive program;
(r)
629-610-0090(1) - Exempting the
reforestation requirements for the purpose of developing forestland for a use
that is not compatible with the maintenance of forest tree cover;
(s)
629-610-0100(5) - Waiving or modifying
the reforestation requirements for the purposes of establishing a wildlife food
plot.
(t)
629-615-0300(5) -
Modifying the protection requirements for riparian areas, aquatic areas and
wetlands when the need for prescribed burning outweighs the benefits of
protecting components required to be left;
(u)
629-620-0400(7)(d) - Modifying the
protection requirements for aerial application of fungicides or nonbiological
insecticides;
(v)
629-625-0320(3) -
Modifying the culvert sizing requirements of 629-625-320(2)(a) to reduce the
height of fills where roads cross wide flood plains;
(w)
629-643-0100(8) - Modifying the
vegetation retention requirements in the riparian management area along Type F
and Type SSBT streams in Western Oregon to allow the removal of trees upslope
of roads which pose a safety hazard;
(x)
629-643-0105(10) - Modifying the
vegetation retention requirements in the riparian management area along Type N
streams in Western Oregon to allow the removal of trees upslope of roads which
pose a safety hazard;
(y)
629-643-0120(8) - Modifying the vegetation retention requirements in the
riparian management area along Type F and Type SSBT streams in Eastern Oregon
to allow the removal of trees upslope of roads which pose a safety
hazard;
(z)
629-643-0125(8) -
Modifying the vegetation retention requirements in the riparian management are
along Type N streams in Eastern Oregon to allow the removal of trees upslope of
roads which pose a safety hazard;
(aa)
629-643-0400(3) - Utilizing site specific vegetation retention prescriptions
for streams and riparian management areas;
(bb)
629-645-0020(1) - Utilizing site
specific vegetation retention prescriptions for significant wetlands;
(cc)
629-645-0050(3) - Modifying the
vegetation retention requirements for significant wetlands for reasons of
forest health;
(dd)
629-650-0040(3)
- Modifying the vegetation retention requirements for lakes for reasons of
forest health;
(ee)
629-665-0020(1)(b)(C) - Structural or temporal exceptions when proposed forest
practices conflict with a resource site;
(ff)
629-665-0110(3) - Structural replacement
of an osprey site;
(gg)
629-665-0110(4) - Temporal exceptions near an osprey site;
(hh)
629-665-0120(3) - Structural exceptions
of a great blue heron site;
(ii)
629-665-0120(5) - Temporal exceptions near a great blue heron
site.
Statutory/Other Authority: ORS
527.710,
527.630(3),
527.714(1),
526.016(4)
& 527.678(3)(a)
Statutes/Other Implemented: ORS
527.670(10)-(12),
527.700(2), (5), (6), (8) & (9)
