Chapter 268 Oregon Laws 2001

AN ACT

SB 412

Relating to regulation of forest practices; amending ORS 527.722.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 527.722 is amended to read:

527.722. (1) Notwithstanding any provisions of ORS chapters 195, 196, 197, 215 and 227, and except as provided in subsections (2), (3) and (4) of this section, no unit of local government shall adopt any rules, regulations or ordinances or take any other actions that prohibit, limit, regulate, subject to approval or in any other way affect forest practices on forestlands located outside of an acknowledged urban growth boundary.

(2) Nothing in subsection (1) of this section prohibits local governments from adopting and applying a comprehensive plan or land use regulation to forestland to allow, prohibit or regulate:

(a) Forest practices on lands located within an acknowledged urban growth boundary;

(b) Forest practices on lands located outside of an acknowledged urban growth boundary, and within the city limits as they exist on July 1, 1991, of a city with a population of 100,000 or more, for which an acknowledged exception to an agriculture or forestland goal has been taken;

(c) The establishment or alteration of structures other than temporary on-site structures which are auxiliary to and used during the term of a particular forest operation;

(d) The siting or alteration of dwellings;

(e) Physical alterations of the land, including but not limited to those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities, when such uses are not auxiliary to forest practices; or

(f) Partitions and subdivisions of the land.

(3) Nothing in subsection (2) of this section shall prohibit a local government from enforcing the provisions of ORS 455.310 to 455.715 and the rules adopted thereunder.

(4) Counties [can] may prohibit, but in no other manner regulate, forest practices on forestlands:

(a) Located outside an acknowledged urban growth boundary; and

(b) [prohibit forest practices on land] For which an acknowledged exception to an agricultural or forest land goal has been taken.

(5) To [insure] ensure that all forest operations in this state are regulated to achieve protection of soil, air, water, fish and wildlife resources, in addition to all other forestlands, the Oregon Forest Practices Act applies to [forestlands] forest operations inside any urban growth boundary [unless] except in areas where a local government has adopted land use regulations for forest practices. For purposes of this subsection, “land use regulations for forest practices” means local government regulations that are adopted for the specific purpose of directing how forest operations and practices may be conducted. [Such] These local regulations shall:

(a) Protect soil, air, water, fish and wildlife resources; [and]

(b) Be acknowledged as [being] in compliance with land use planning goals[.];

(c) Be developed through a public process;

(d) Be developed for the specific purpose of regulating forest practices; and

(e) Be developed in coordination with the State Forestry Department and with notice to the Department of Land Conservation and Development.

(6) To coordinate with local governments in the protection of soil, air, water, fish and wildlife resources, the State Forester shall provide local governments with a copy of the notice or written plan for a forest operation within any urban growth boundary. Local governments may review and comment on an individual forest operation and inform the landowner or operator of all other regulations that apply but that do not pertain to activities regulated under the Oregon Forest Practices Act.

[(6)] (7) The existence or adoption by local governments [which have, before September 29, 1991, adopted] of a comprehensive plan policy or land use regulation [allowing, prohibiting or] regulating forest practices consistent with subsections (1) to (5) of this section shall [inform the State Forester of such policies and regulations within 60 days of September 29, 1991. Existence or adoption of such policies or regulations relieves] relieve the State Forester of responsibility to administer the Oregon Forest Practices Act within the affected area.

[(7)] (8) The Director of the Department of Land Conservation and Development shall provide the State Forester copies of notices submitted pursuant to ORS 197.615, whenever such notices concern the adoption, amendment or repeal of a comprehensive land use regulation allowing, prohibiting or regulating forest practices.

Approved by the Governor May 30, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date January 1, 2002

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