Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
goals of the small forestland owner minimum option vegetation retention
requirements are to recognize the inherent differences in the needs and
requirements of these owners while meeting the overall objectives of the
Private Forest Accord Report, including but not limited to:
(a) Minimizing the conversion of timberlands
to other uses while recognizing conversion to other land uses may
occur;
(b) Minimizing the
conversion of timberlands through a system of incentives, education, and
regulatory stability for the small forestland owner; and
(c) Providing a landowner who may face
disproportionate economic impact from revised riparian vegetation retention
rules with an optional prescription while providing for equal environmental
outcomes and the potential for increased financial outcomes.
(2) For the purposes of this rule,
a landowner who qualifies as a small forestland owner, as described in OAR
629-607-0200, may use one of the following riparian vegetation retention
options:
(a) The standard practice retention
prescriptions described in Table 1 for Western Oregon and Table 2 for Eastern
Oregon. The standard practice is available to optimize environmental benefits
and mitigate risks to natural resources.
[Table 1. Western Oregon Standard Practice Vegetation Retention
Riparian Management Area Distances]
[Table 2: Eastern Oregon Standard Practice Vegetation Retention
Riparian Management Area Distances]
(b) The small forestland owner minimum option
vegetation retention prescriptions described in Table 3 for Western Oregon and
Table 4 for Eastern Oregon, as limited by the terms of this rule and OAR
629-607-0400. The small forestland owner minimum option prescription applies to
harvest types 1, 2, and 3 within the riparian areas of both Western Oregon and
Eastern Oregon streams.
[Table 3: Western Oregon Small Forestland Owner Minimum Option
Vegetation Retention Riparian Management Area Distances]
[Table 4: Eastern Oregon Small Forestland Owner Minimum Option
Vegetation Retention Riparian Management Area Distances]
(c) The forest conservation tax credit
option. The standard practice riparian vegetation retention prescription with
the option to apply for the forest conservation tax credit, as described in OAR
629-607-0400 through 629-607-0800. When the small forestland owner requests the
forest conservation tax credit as part of a notice of operation, the State
Forester shall review the request and notify the small forestland owner whether
the small forestland owner is eligible for the credit. If the State Forester
approves a request for a forest conservation tax credit, the small forestland
owner shall receive a state tax credit for the stumpage value of this
timber.
(3) Forest
conservation tax credit. In addition to the small forestland owner minimum
option, the small forestland owner may follow the standard practice vegetation
retention requirements available to small forestland owners. When the small
forestland owner selects the standard practice retention requirements in either
Western Oregon or Eastern Oregon, the small forestland owner may apply for a
forest conservation tax credit.
(a) A small
forestland owner who selects the standard practice shall follow the same
requirements in the standard practice retention rules for the riparian
management area for harvest types 1, 2, and 3.
(b) A small forestland owner who selects the
standard practice shall define the forest conservation area as the area between
the outermost edge of the standard practice width and the outermost edge of the
small forestland owner minimum option width.
(c) The forest conservation tax credit is
equal to 100 percent of the stumpage value of standing trees that are retained
in the forest conservation area, as described in OAR 629-607-0500. A small
forestland owner who receives the forest conservation tax credit shall retain
the trees within the forest conservation area for 50 years as required by the
forest conservation tax credit program.
(d) A small forestland owner completing a
harvest type 4 is not eligible to claim the forest conservation tax credit. No
other limitations are in place for using a harvest type 4 within the
fifth-field watershed.
(4) Fifth field watershed restriction for
using the small forestland owner minimum option. There is a limit to the use of
the small forestland owner minimum option within a fifth field watershed as
delineated by the U.S. Geological Survey. It is limited to five percent of the
riparian areas owned by small forestland owners in a fifth field watershed
within a five-year period. The department will track the use of the small
forestland owner minimum options as described in (4)(a)(C). Within 90 days
after a small forestland owner completes a timber harvest adjacent to a
riparian area, the small forestland owner who selects the small forestland
owner minimum option shall report to the State Forester the total lineal feet
of riparian area where the small forestland owner minimum option is applied
within the harvest area. When reporting total lineal feet, the small forestland
owner shall include each side of the stream. The small forestland owner shall
report lineal feet in horizontal distance. The small forestland owner may use
the small forestland owner minimum option harvest prescription in any defined
fifth-field watershed based on the following criteria:
(a) When there are multiple small forestland
owners within a fifth-field watershed, the small forestland owners within the
watershed may use the small forestland owner minimum option for harvest types
1, 2, and 3 on no more than five percent of the total horizontal lineal feet of
streams in the watershed. The five percent maximum harvest limitation applies,
in aggregate, to all small forestland owners within the fifth-field watershed.
The five percent is measured within a five-year period.
(A) For the five percent maximum harvest
limitation described in (a), the State Forester shall track stream distances
for Type F and Type N streams separately. For this rule's tracking purposes,
Type F streams shall include Type SSBT streams.
(B) The State Forester shall calculate the
five percent maximum harvest limitation per fifth-field watershed using the
five-year rolling average for each stream classification. The five percent
maximum harvest limitation is calculated using the total horizontal lineal feet
of riparian area harvest per stream classification (Type F or Type N), divided
by the total available lineal feet of Type F and Type N streams in the defined
watershed. Type F and Type N restrictions may be different in a fifth field
watershed.
(i) Consideration of the five-year
rolling average for calculating the lineal feet of riparian harvest shall be
continuous.
(ii) Any harvest and
the associated lineal feet that is older than five years shall be excluded from
tracking and from the calculation of the watershed harvest limitation for each
stream classification.
(C) The State Forester shall track lineal
feet for each side of the stream associated with the small forestland owner
minimum option tracking. Harvest occurring exclusively on one side of the
stream shall be counted as one-half the lineal feet for the stream
segment.
(b) When the
five percent maximum harvest limitation exists for a defined watershed and the
small forestland owner chooses to use the small forestland owner minimum option
prescription, the small forestland owner may select from either option (A) or
(B):
(A) Enroll on a waiting list to utilize
the small forestland owner minimum option prescription at a time when the
limitation has lowered below the calculation in (5)(a).
(i) The State Forester shall maintain and
update the list on a first come, first served basis. The department shall
notify any enrolled small forestland owner when the opportunity to utilize the
small forestland owner minimum option becomes available.
(ii) After the State Forester provides the
small forestland owner with a notification of eligibility, the small forestland
owner shall elect to harvest according to the small forestland owner minimum
option or forfeit priority on the waiting list.
(B) The small forestland owner may use the
standard practice retention requirement and apply for a tax credit for the
forest conservation area at 125 percent of the value for which the small
forestland owner would have been eligible under the forest conservation tax
credit program in OAR 629-607-0400 through 629-607-0800.
(c) OAR 629-607-0400(9) outlines a process if
the forest conservation tax credit changes.
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
