Current through Register Vol. 63, No. 12, December 1, 2024
As used in OAR chapter 629, divisions 670 through 680:
(1) "Board" means the State Board of
Forestry.
(2) "Damage" means an
adverse disturbance to a resource protected by the Oregon Forest Practices Act
that cannot be immediately stabilized and corrected, resulting from a forest
practice that is not in compliance with the Oregon Forest Practices Act or the
forest practice rules.
(3) "Forest
practice rule" means any rule regulating operations under the Oregon Forest
Practices Act, as found in OAR chapter 629, divisions 600 through
680.
(4) "Operation" means any
commercial activity relating to the establishment, management or harvest of
forest tree species except as provided by the following:
(a) The establishment, management or harvest
of Christmas trees, as defined in ORS
571.505, on land used solely for
the production of Christmas trees.
(b) The establishment, management or harvest
of hardwood timber, including but not limited to hybrid cottonwood that is:
(A) Grown on land that has been prepared by
intensive cultivation methods and that is cleared of competing vegetation for
at least three years after tree planting;
(B) Of a species marketable as fiber for
inclusion in the furnish for manufacturing paper products;
(C) Harvested on a rotation cycle that is 12
or fewer years after planting; and
(D) Subject to intensive agricultural
practices such as fertilization, cultivation, irrigation, insect control and
disease control.
(c) The
establishment, management or harvest of trees actively farmed or cultured for
the production of agricultural tree crops, including nuts, fruits, seeds and
nursery stock.
(d) The
establishment, management or harvest of ornamental, street or park trees within
an urbanized area, as that term is defined in ORS
221.010.
(e) The management or harvest of juniper
species conducted in a unit of less than 120 contiguous acres within a single
ownership.
(f) The establishment or
management of trees intended to mitigate the effects of agricultural practices
on the environment or fish and wildlife resources, such as trees that are
established or managed for windbreaks, riparian filters or shade strips
immediately adjacent to actively farmed lands.
(g) The development of an approved land use
change after timber harvest activities have been completed and land use
conversion activities have commenced.
(5) "Operator" means any person, including a
landowner or timber owner, who conducts an operation.
(6) "Plan for an Alternate Practice" means a
document prepared by the landowner, operator or timber owner, submitted for
approval in writing by the State Forester describing practices different than
those prescribed in statute or administrative rule.
(7) "State Forester" means the State Forester
or the duly authorized representative of the State Forester.
(8) "Timely corrective action" means action
to be taken by the operator within a specified time to prevent or reverse the
damage potentially caused by an unsatisfactory condition.
(9) "Unsatisfactory condition" means the
circumstance which exists when an operator or landowner fails to comply with a
practice specified in a forest practice rule or statute listed in ORS
527.990(1) or
527.992 and the State Forester
determines that all of the following conditions exist:
(a) The forest practice rule or statute
applies to the type of operation conducted;
(b) The practice is necessary to meet the
purpose of the statute or rule; and
(c) The operator has not been exempted from
the rule or statute by obtaining approval for, or having obtained approval has
not followed, a plan for an alternate practice as prescribed by OAR
629-605-0100.
(10) "Violation" means the circumstances
which exist any time one or more of the following occurs:
(a) An operator fails to comply with any
provision of ORS 527.670(6) or
(7) requiring notification to the State
Forester before commencing an operation.
(b) An unsatisfactory condition exists, and:
(A) Damage has resulted; or
(B) The State Forester has determined that it
is not feasible for the operator, by timely corrective action, to eliminate the
consequences of the unsatisfactory condition; or
(C) A written statement of unsatisfactory
condition has been issued to the operator, the deadline for action has passed
and appropriate action has not been taken by the operator.
(c) The operator has failed to follow a
procedural practice required in statute or rule including, but not limited to,
failure to submit a required written plan.
(d) An operator has failed to comply with any
term or condition of any order of the State Forester issued in accordance with
ORS 527.680.
(11) "Written statement of unsatisfactory
condition" means a written statement issued by the State Forester to a
landowner or an operator that describes the nature of an unsatisfactory
condition and that specifies the corrective action to be taken within a
definite time limit.
Statutory/Other Authority: ORS
527.710 &
526.016
Statutes/Other Implemented: ORS
527.674, 527.685527.700 &
527.715
