71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 985
B-Engrossed
House Bill 2163
Ordered by the Senate May 8
Including House Amendments dated March 9 and Senate Amendments
dated May 8
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for State Forestry Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Allows State Forester to require { + by rule + } certain
harvest operations to leave green trees and snags in or adjacent
to small, nonfish-bearing streams that are subject to rapidly
moving landslides.
A BILL FOR AN ACT
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. + }
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