Current through Register Vol. 63, No. 12, December 1, 2024
(1)
The purpose of this rule is to provide the standard practice vegetation
retention prescription for Eastern Oregon Type N streams, as shown in Table 2.
The riparian management area distances described in Table 2 are listed for each
stream size category, as defined in OAR
629-635-0200. The operator shall
apply the vegetation retention requirements described in this rule. Small
forestland owners, as defined in OAR
629-600-0100, may follow the
alternative vegetation retention option described in OAR
629-643-0142.
[Table 2: Eastern Oregon Standard Practice Vegetation Retention
Riparian Management Area Distances]
(2) The standard practice prescriptions and
riparian management widths apply to Type N streams, depending on whether the
stream classification is perennial (Np) or seasonal (Ns). The State Forester
shall determine the classification of a Type N stream as Np or Ns following the
process described in OAR
629-635-0200(18).
(a) To apply the appropriate vegetation
requirements as described in Table 2, a small Type Np stream shall be
classified as either terminal or lateral.
(b) The State Forester shall provide maps
that show the stream class.
(3) For large and medium Type Np streams, the
operator shall:
(a) Retain all trees and
vegetation within the inner zone.
(b) Retain all trees leaning over the
channel.
(A) For the outer zone, a minimum of
60 square feet of basal area per acre beyond the 30-foot inner zone, using the
distances shown for the stream size described in Table 2. The operator shall
measure the outer zone starting from the edge of the inner zone. To meet the
basal area target requirement, the operator shall retain 27 trees from the
largest diameter class per acre.
(B) The remainder of the trees shall consist
of trees greater than eight inches DBH.
(C) When present, retained species shall
consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other
species that are considered fire-resilient.
(D) Retained trees shall be well distributed
within the outer zone unless limited by existing site or stand
conditions.
(E) Notwithstanding (A)
through (D) above, the distribution, species, and size of retained trees shall
be left on site in such a way that promotes fire resiliency and overall stand
health and shall be described in the written plan.
(F) The operator shall submit to the State
Forester a written plan that describes how the operator will meet these
requirements and the goals of the desired future condition.
(c) Adhere to an ELZ in the outer
zone, for 30 feet extending from the outer edge of the inner zone.
(d) For locations upstream from the tree
retention requirements in this rule, the operator shall apply an R-ELZ or ELZ
as required in OAR 629-643-0130 and as further
defined in OAR 629-630-0700(6)
and
629-630-0800(8).
(4) For a small terminal Type Np
stream flowing into a Type F or Type SSBT stream, the operator shall retain all
trees within:
(a) 30 feet from the edge of
the active channel, for a maximum distance of 500 feet upstream of the
confluence with the Type F or Type SSBT stream. The operator shall determine
the total distance of the tree retention area above the confluence according to
the requirements in OAR
629-643-0130. This distance may
extend to the RH max of 500 feet.
(b) Outside of 30 feet and extending to 60
feet from the active channel, the outer zone retention requirements shall apply
upstream for the same distance required in (a) as follows:
(A) A minimum of 60 square feet of basal area
per acre.
(B) To meet the basal
area target requirement, the operator shall retain 27 trees from the largest
diameter class per acre.
(C) The
remainder of the trees shall consist of trees greater than eight inches
DBH.
(D) When present, retained
species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods,
and other species that are considered fire-resilient.
(E) Retained trees shall be well distributed
within the outer zone limited by existing site or stand conditions.
(F) Notwithstanding (A) through (E) above,
the distribution, species, and size of retained trees shall be left on site in
such a way that promotes fire resiliency and overall stand health.
(G) The operator shall submit to the State
Forester a written plan that describes how the operator shall meet these
requirements and the desired future condition for the outer zone.
(c) The operator shall adhere to
an ELZ in the outer zone for 30 feet, extending from the outer edge of the
inner zone.
(d) For locations
upstream from the tree retention requirements in this rule, the operator shall
apply an R-ELZ or ELZ as required in OAR
629-643-0130 and as further
defined in OAR 629-630-0700(6)
and 629-630-0800(8).
(5) For small lateral Type Np
streams flowing into a Type F or Type SSBT stream, the operator shall retain
all trees within 30 feet from the edge of the active channel for a maximum
distance of 250 feet upstream of the confluence with the Type F or Type SSBT
stream.
(a) The operator shall determine the
total distance of the tree retention area above the confluence according to the
process in OAR 629-643-0130.
(b) The operator shall adhere to an ELZ in
the inner zone for 30 feet, extending from the edge of the active
channel.
(c) For locations upstream
of the tree retention requirements in this rule, the operator shall apply an
R-ELZ or ELZ as required in OAR
629-643-0130 and as further
defined in OAR 629-630-0700(6)
and
629-630-0800(8).
(6) For small Type Ns streams
flowing into Type F or Type SSBT stream within 30 feet of the active channel,
the operator shall:
(a) Adhere to an R-ELZ
for 750 feet extending the from the confluence and retain all shrubs and trees
under six inches DBH to the extent that is practical due to site
conditions.
(b) Adhere to an ELZ
upstream of the R-ELZ and for the remainder of the Type Ns channel.
(7) The operator may conduct
pre-commercial thinning and other release activities to maintain the growth and
survival of reforestation or to promote fire resiliency within riparian
management areas if the operator conforms to the following:
(a) The operator shall ensure that such
activities contribute to and are consistent with enhancing the stand's ability
to meet the desired future condition.
(b) The operator shall submit to the State
Forester a written plan that describes how the operator will meet these
requirements and the goals of the desired future condition.
(8) If the vegetation retention
requirements span a road and a safety hazard presents a risk to road users, the
operator may request that the State Forester approve a plan to remove trees
upslope of the road. The State Forester shall authorize tree removal within the
designated tree retention area only under the following conditions:
(a) Within the tree retention area, the width
of the area where trees may be harvested from the upslope edge of the road
shall be less than 15 feet.
(b) An
equivalent basal area is retained elsewhere within the harvest unit adjacent to
the tree retention area.
(9) For all Type N streams, the operator may
count all retained trees in the outer zone that otherwise meet the wildlife
leave trees requirements within harvest type 2 or harvest type 3 units,
pursuant to ORS 527.676.
To view attachments referenced in rule text,
click here to view
rule.
Statutory/Other Authority: ORS
527.710 & Section 2(1),
Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS
527.715,
527.765 & Section 2(2),
Chapter 33, Oregon Laws 2022