Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) The purpose of these rules is to protect
the functions and values of significant wetlands, including wetlands larger
than eight acres, estuaries, bogs and important springs in eastern Oregon on
forestlands.
(b) Significant
wetlands on forestlands provide a wide range of functions and values, including
those related to water quality, hydrologic function, fish and other aquatic
organisms, and wildlife.
(c)
Estuaries are unique systems because they form transitions between terrestrial,
marine, and freshwater environments. Because of this link, estuarine systems
are among the most biologically productive in the world. Estuaries support many
resident species. Estuaries also provide food, spawning area, and shelter for
numerous other species at critical points in their life cycles. Removal of
shoreline trees reduces the overall productivity of the estuary by reducing
leaf and litter fall, thus depriving the estuary of substrate, and by removing
feeding and resting habitat for birds and small mammals.
(d) Bog communities are a result of specific
hydrologic, soil, and nutrient conditions. Bogs are usually saturated, low in
nutrients, and highly acidic. Changes in runoff, sediment loading, and nutrient
loading can alter the plant community composition. The peat soils have evolved
over time. Compaction damages plant communities and may encourage the invasion
of exotic species. Harvesting may disrupt shade tolerant vegetation, alter
plant community characteristics, and hasten succession. Compaction, saturated
conditions, and poor nutrient status make reforestation difficult.
(e) In arid parts of eastern Oregon, springs
provide a critical source of water. These important springs have established
wetland vegetation, flow year round in most years, and are used by a
concentration of diverse animal species. By reason of sparse occurrence,
important springs have a major influence on the distribution and abundance of
upland species. Important springs shall be identified by the State Forester.
(2)
(a) The goals of significant wetland
protection are to maintain the functions and values of significant wetlands on
forestlands over time, and to ensure that forest practices do not lead to
resource site destruction or reduced productivity, while at the same time
ensuring the continuous growth and harvest of forest tree species. To
accomplish these goals, the rules focus on the protection of soil, hydrologic
functions, and specified levels of vegetation.
(b) The intent of the rules is to minimize
soil disturbance and to minimize disturbance to the natural drainage patterns
of the significant wetland.
(c)
Vegetation retention (including understory vegetation, snags, downed wood, and
live trees) is needed to prevent erosion and sedimentation into the significant
wetland, minimize soil disturbance and hydrologic changes, and to maintain
components of the vegetation structure to provide for other benefits,
particularly fish and wildlife values.
(3) Significant wetlands other than
estuaries, bogs or important springs in eastern Oregon shall have riparian
management areas extending 100 feet from the wetlands. When an operation is
proposed within 300 feet of an estuary or within 100 feet of a wetland larger
than eight acres (non estuary), bog or important spring in eastern Oregon, the
resource site evaluation process in OAR
629-665-0020 shall be followed by the landowner, operator or timber owner. If the proposed
operation conflicts with the significant wetland, the operator shall submit a
written plan to the State Forester before starting operations. The written plan
shall comply with the requirements of
629-605-0170,
Written Plans.
(4) For all
significant wetlands, operators shall provide the following to the wetlands and
riparian management areas:
(a) Live tree
retention (OAR
629-645-0010);
(b) Soil and hydrologic
function protection (OAR
629-645-0030);
(c) Understory vegetation
retention (OAR
629-645-0040); and
(d) Snag and down wood
retention (OAR
629-645-0050).
(5) For forested
significant wetlands, written plans must address reforestation.
(6) When an operation is proposed within 300
feet of an estuary, bog or important spring in eastern Oregon, the State
Forester shall determine the riparian management area during the resource site
inspection required by OAR
629-665-0020.
Riparian management areas shall extend outward 100 to 200 feet from the
estuary, 50 to 100 feet from the bog, or 50 to 100 feet from the important
spring in eastern Oregon. The distance determination of the State Forester
shall depend on:
(a) Stocking level of the
timber stand adjacent to the estuary, bog or spring;
(b) Ability of the area to withstand
windthrow;
(c) Size of the
estuary, bog or spring. As the size increases, the size of the riparian
management area shall increase; and
(d) For bogs and springs only, topography and
erodibility of adjacent uplands.
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.715 &
527.765
