Current through Register Vol. 63, No. 9, September 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
