Current through Register Vol. 63, No. 9, September 1, 2024
(1) A landowner must submit to the State
Forester a plan for an alternate practice to suspend the reforestation rules
for the salvage or conversion of low value forest stands, to establish forest
stands that are adequately stocked and free to grow.
(2)
(a) The
State Forester may approve the plan for an alternate practice when the harvest
area is a conversion of underproducing forestland, or a salvage of forest
stands where the merchantable trees are dead or dying due to wildfire, insects,
diseases or other factors beyond the landowner's control and the State Forester
determines:
(A) The landowner is approved for
funding from a forest incentive program, for which the State Forester is the
technical advisor; and
(B) The
gross harvest revenues will not exceed the total costs of harvest, taxation,
and reforestation.
(b)
For the purposes of this rule, "conversion of underproducing forestland" means
an operation that:
(A) Is conducted on
forestland that is subject to the reforestation requirements;
(B) Does not currently support the minimum
number of free to grow trees required under OAR
629-610-0020;
(C) Has the objective of removing
undesirable competing vegetation and establishing an adequately stocked, free
to grow forest stand; and
(D) May
include the incidental harvest of forest products.
(3) To determine whether
subsection (2)(a)(B) of this rule is met on a harvest operation that has not
started, the State Forester shall make a field observation of the harvest area
to determine:
(a) The estimated merchantable
volume;
(b) The value of the
merchantable volume by applying current local market values; and
(c) The estimated harvest, taxation, and
reforestation costs.
(4) When the State Forester is not able to
determine the projected revenues and projected costs from the field observation
described in subsection (3) of this rule, the State Forester may require the
landowner to submit one or more of the following:
(a) A third party estimate, by species and
grade, of the volumes and values of logs to be delivered to the mill;
(b) The projected costs of
harvesting the forest products, including, but not limited to, harvest planning
and administration, road construction and maintenance, felling and bucking,
yarding, and loading and hauling;
(c) The projected severance, harvest, and
income taxes;
(d) The projected
costs of reforestation, including planning and administration, site
preparation, trees, tree planting, tree protection, and moisture conservation;
or
(e) The projected costs of any
other measures necessary to establish a forest stand in an adequately stocked
and free to grow condition, as specified in the reforestation rules.
(5) To determine whether
subsection (2)(a)(B) of this rule is met on a harvest operation that has
started, but is not yet complete, the landowner shall submit to the State
Forester one or more of the following:
(a)
The contracts executed to sell and harvest forest products, including but not
limited to, all logging costs and receipts;
(b) All the forest products scaling summaries
showing gross and net volumes, by species and corresponding mill receipts
showing payment; or
(c) Any tax
forms, records or reports submitted by the landowner that detail the gross and
net volumes of forest products harvested, by species, plus logging and
management costs used to determine harvest and severance taxes.
(6) Operations that are complete
are not eligible for a suspension of the reforestation rules.
(7) The State Forester shall revoke the
suspension of the reforestation rules at any time within 6 years of completing
the operation if the landowner fails to establish a forest stand:
(a) According to the specifications and time
lines required under the applicable forest incentive program; or
(b) In an adequately stocked and free to grow
condition, as specified in the reforestation rules.
Stat. Auth.: ORS 527.670, 527.700, 527.710, 527.730, 527.765,
919.3 & 919.9
Stats. Implemented: ORS
527.74
