Chapter 340 Oregon Laws 2001

AN ACT

HB 2163

Relating to wildlife leave trees; creating new provisions; and amending ORS 526.490 and 527.676.

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

SECTION 1. ORS 527.676 is amended to read:

527.676. (1) [In a harvest type 2 or harvest type 3 unit exceeding 25 acres, in order to contribute to the overall maintenance of wildlife, nutrient cycling, moisture retention and any other resource benefits of retained wood, the operator shall leave, on average per acre harvested, at least:] In order to contribute to the overall maintenance of wildlife, nutrient cycling, moisture retention and other resource benefits of retained wood, when a harvest type 2 unit exceeding 25 acres or harvest type 3 unit exceeding 25 acres occurs the operator shall leave on average, per acre harvested, at least:

(a) Two snags or two green trees at least 30 feet in height and 11 inches DBH or larger, at least 50 percent of which are conifers; and

(b) Two downed logs or downed trees, at least 50 percent of which are conifers, that each comprise at least 10 cubic feet gross volume and are no less than six feet long. One downed conifer or suitable hardwood log of at least 20 cubic feet gross volume and no less than six feet long may count as two logs.

[(2) In meeting the requirements of subsection (1) of this section, the required snags, trees and logs may be left in one or more clusters rather than distributed throughout the unit. The location and distribution of the material shall be in the sole discretion of the landowner or operator, consistent with safety and fire hazard regulations. The requirements of subsection (1) of this section are in addition to all other requirements pertaining to forest operations and may be met by counting snags, trees or logs otherwise required to be left in riparian management areas or resource sites listed in ORS 527.710 (3) only as specifically permitted by the State Board of Forestry, by rule.]

(2) In meeting the requirements of this section, the operator has the sole discretion to determine the location and distribution of wildlife leave trees, including the ability to leave snags, trees and logs in one or more clusters rather than distributed throughout the unit and, if specifically permitted by the State Board of Forestry by rule, to meet the wildlife leave tree requirements by counting snags, trees or logs otherwise required to be left in riparian management areas or resource sites listed in ORS 527.710, subject to:

(a) Safety and fire hazard regulations;

(b) Rules or other requirements relating to wildlife leave trees established by the State Board of Forestry or the State Forester; and

(c) All other requirements pertaining to forest operations.

[(3) Notwithstanding subsection (2) of this section:]

[(a) The State Forester shall consult with the operator on the selection of green trees and snags required to be left pursuant to this section whenever the State Forester determines that retaining certain trees or groups of trees would provide increased benefits to wildlife.]

[(b) Operators may submit, and the State Forester may approve, alternate plans to meet the provisions of this section, including but not limited to waiver of the requirement that wildlife leave trees be at least 50 percent conifers, upon a showing that the site is being intensively managed for hardwood production. The State Forester may also approve an alternate plan to waive, in part or in whole, the requirements of this section for one harvest type 2 or harvest type 3 operation if the plan provides for an equal or greater number of trees or snags to be left in another harvest type 2 or harvest type 3 operation that, in the opinion of the State Forester, would, in the aggregate, achieve better overall benefits for wildlife.]

[(c) For harvest type 2 or harvest type 3 operations adjacent to fish-bearing or domestic use streams, the State Forester may require up to 25 percent of the green trees required to be left pursuant to this section to be left in or adjacent to the riparian management area of the fish-bearing or domestic use stream if such requirement would provide increased benefits to wildlife. Such trees shall be in addition to trees otherwise required by rule to be left in riparian management areas. The operator shall have sole discretion to determine which trees to leave, either in or adjacent to a riparian management area, pursuant to this paragraph.]

(3) In meeting the requirements of this section, the State Forester:

(a) Shall consult with the operator concerning the selection of wildlife leave trees when the State Forester believes that retaining certain trees or groups of trees would provide increased benefits to wildlife.

(b) May approve alternate plans submitted by the operator to meet the provisions of this section, including but not limited to waiving:

(A) The requirement that at least 50 percent of wildlife leave trees be conifers, upon a showing that a site is being intensively managed for hardwood production; and

(B) In whole or in part, the requirements of this section for one operation if an alternate plan provides for an equal or greater number of wildlife leave trees in another harvest type 2 or harvest type 3 operation, that the State Forester determines would achieve better overall benefits for wildlife.

(c) May require, for operations adjacent to a fish-bearing or domestic use stream, in addition to trees otherwise required to be left in riparian management areas, up to 25 percent of the green trees required to be retained under this section to be left in or adjacent to the riparian management area of the stream.

(d) May require by rule, for operations adjacent to a small, nonfish-bearing stream subject to rapidly moving landslides as defined in ORS 195.250, that available green trees and snags be left in or adjacent to the stream. The operator must leave available green trees and snags under this paragraph within an area that is 50 feet on each side of the stream and no more than 500 feet upstream from a riparian management area of a fish-bearing stream.

(4) When a harvest type 2 or harvest type 3 unit occurs adjacent to a prior harvest type 2 or harvest type 3 unit, resulting in a combined total contiguous acreage of harvest type 2 or harvest type 3 [on a] under single ownership exceeding 25 acres, the [snag or tree and downed log retention] wildlife leave tree and downed log requirements of subsection (1) of this section [shall] apply to the combined total contiguous acreage.

SECTION 2. ORS 526.490 is amended to read:

526.490. (1) It is the policy of the State of Oregon to encourage the afforestation of idle land for the purpose of establishing commercial forests if such afforestation is consistent with landowner objectives. The purpose of this section is to provide an incentive for afforestation by providing assurance that the State of Oregon will not prohibit the harvesting of trees planted on such lands within the first crop rotation.

(2) As used in this section:

(a) “Free to grow” means a stand of well-distributed trees that has a high probability of remaining or becoming vigorous, healthy and dominant over undesired competing vegetation.

(b) “Parcel” has the meaning given that term in ORS 92.010.

(3) Notwithstanding ORS 527.676, 527.710[,] or 527.755[, section 5, chapter 919, Oregon Laws 1991,] or any rules promulgated thereunder, and except as provided in subsection (4) of this section, a person who, after September 9, 1995, plants or causes to be planted a stand of timber that is intended to become a merchantable stand of timber as defined in ORS 321.005 on a parcel owned by the person, or a portion of such parcel not less than five contiguous acres, shall not be prohibited from harvesting the planted timber provided that:

(a) Prior to the time of planting, the parcel or portion thereof has not been subject to any forest practice as defined in ORS 527.620 since July 1, 1972; and

(b) Prior to the time of planting, the stocking of forest tree species on the subject parcel or portion thereof is less than 25 square feet of basal area per acre.

(4) The provisions of subsection (3) of this section shall not apply to any land or timber located within 20 feet of any large or medium stream, or any small stream that is a fish-bearing or domestic use stream, as defined by the State Board of Forestry.

(5)(a) If, within two to five years of planting under subsection (3) of this section, the person notifies the State Forester, the State Forester shall inspect the timber and shall issue a certificate to the owner indicating that a free to grow stand of timber has been established under subsection (3) of this section and identifying the location of the timber. Upon request of the owner and payment of any applicable fee, the county clerk in the county wherein the parcel is located shall record the certificate as specified under ORS 205.130.

(b) A person who notifies the State Forester and requests certification shall provide an accurate plat of the parcel or portion planted under subsection (3) of this section to the State Forester as well as photographs that accurately depict the condition of the land prior to planting.

(c) The State Forester may, by rule, establish a fee or schedule of fees adequate to cover such necessary expenses incurred by the State Forester in conducting inspection and certification activities. Fees may be charged to the person requesting certification.

(6)(a) Except as provided in subsection (3) of this section, all forest practices conducted on the planted parcel or portion thereof shall be subject to the provisions of ORS 527.610 to 527.770, 527.990 (1) and 527.992.

(b) No parcel or portion of such parcel shall be subject to the provisions of subsections (3) and (5) of this section more than once.

SECTION 3. The amendments to ORS 527.676 by section 1 of this 2001 Act apply to harvest type 2 or harvest type 3 operations commenced on or after the effective date of this 2001 Act.

Approved by the Governor June 8, 2001

Filed in the office of Secretary of State June 8, 2001

Effective date January 1, 2002

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