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 984
 
                           A-Engrossed
 
                         Senate Bill 315
                  Ordered by the Senate March 1
            Including Senate Amendments dated March 1
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (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.
 
  Revises definitions of forest tree species and operation in
Oregon Forest Practices Act.
 
                        A BILL FOR AN ACT
Relating to forest practices; amending ORS 527.620.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 527.620 is amended to read:
  527.620. As used in ORS 527.610 to 527.770, 527.990 and
527.992:
  (1) 'Board' means the State Board of Forestry.
  (2) 'Cumulative effects' means the impact on the environment
which results from the incremental impact of the forest practice
when added to other past, present and reasonably foreseeable
future forest practices regardless of what governmental agency or
person undertakes such other actions.
  (3) 'DBH' means the diameter at breast height which is measured
as the width of a standing tree at four and one-half feet above
the ground, on the uphill side.
  (4) 'Edge of the roadway' means:
  (a) For interstate highways, the fence.
  (b) For all other state highways, the outermost edge of
pavement, or if unpaved, the edge of the shoulder.
  (5) 'Forest practice' means any operation conducted on or
pertaining to forestland, including but not limited to:
  (a) Reforestation of forestland;
  (b) Road construction and maintenance;
  (c) Harvesting of forest tree species;
  (d) Application of chemicals; and
  (e) Disposal of slash.
  (6) 'Forest tree species'   { - does not include: - }
    { - (a) Christmas trees on land used solely for the
production of cultured Christmas trees as defined in ORS 215.203
(3). - }
 
    { - (b) Hardwood timber, including but not limited to hybrid
cottonwood, which is: - }
    { - (A) Grown or growing on land which has been prepared by
intensive cultivation methods and which 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 within 12 years after
planting; and - }
    { - (D) Subject to intensive agricultural practices such as
fertilization, insect and disease control, cultivation and
irrigation. - }  { +  means any tree species capable of producing
logs, fiber or other wood materials suitable for the production
of lumber, sheeting, pulp, firewood or other commercial forest
products except:
  (a) Trees grown to be Christmas trees as defined in ORS 571.505
on land used solely for the production of Christmas trees; and
  (b) Juniper species. + }
  (7) 'Forestland' means land that is used for the growing and
harvesting of forest tree species, regardless of how the land is
zoned or taxed or how any state or local statutes, ordinances,
rules or regulations are applied.
  (8) 'Harvest type 1' means an operation that requires
reforestation but does not require wildlife leave trees. A
harvest type 1 is an operation that leaves a combined stocking
level of free to grow seedlings, saplings, poles and larger trees
that is less than the stocking level established by rule of the
board that represents adequate utilization of the productivity of
the site.
  (9) 'Harvest type 2' means an operation that requires wildlife
leave trees but does not require reforestation. A harvest type 2
does not require reforestation because it has an adequate
combined stocking of free to grow seedlings, saplings, poles and
larger trees, but leaves:
  (a) On Cubic Foot Site Class I, II or III, fewer than 50
11-inch DBH trees or less than an equivalent basal area in larger
trees, per acre;
  (b) On Cubic Foot Site Class IV or V, fewer than 30 11-inch DBH
trees or less than an equivalent basal area in larger trees, per
acre; or
  (c) On Cubic Foot Site Class VI, fewer than 15 11-inch DBH
trees or less than an equivalent basal area in larger trees, per
acre.
  (10) 'Harvest type 3' means an operation that requires
reforestation and requires wildlife leave trees. This represents
a level of stocking below which the size of operations is limited
under ORS 527.740 and 527.750.
  (11) 'Landowner' means any individual, combination of
individuals, partnership, corporation or association of whatever
nature that holds an ownership interest in forestland, including
the state and any political subdivision thereof.
  (12) 'Operation' means any commercial activity relating to the
 { - growing or harvesting - }   { + 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.
  (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 + }.
  (13) 'Operator' means any person, including a landowner or
timber owner, who conducts an operation.
  (14) 'Single ownership' means ownership by an individual,
partnership, corporation, limited liability company, trust,
holding company or other business entity, including the state or
any political subdivision thereof. Single ownership includes
ownership held under different names or titles where the same
individual or individuals, or their heirs or assigns, are
shareholders (other than those of public corporations whose stock
is traded on the open market), partners, business trustees or
officers, or otherwise have an interest in or are associated with
each property.
  (15) 'State Forester' means the State Forester or the duly
authorized representative of the State Forester.
  (16) 'Suitable hardwood seedlings' means any hardwood seedling
that will eventually yield logs or fiber, or both, sufficient in
size and quality for the production of lumber, plywood, pulp or
other forest products.
  (17) 'Timber owner' means any individual, combination of
individuals, partnership, corporation or association of whatever
nature, other than a landowner, that holds an ownership interest
in any forest tree species on forestland.
  (18) 'Visually sensitive corridor' means forestland extending
outward 150 feet, measured on the slope, from the outermost edge
of the roadway of a scenic highway referred to in ORS 527.755,
along both sides for the full length of the highway.
  (19) 'Wildlife leave trees' means trees or snags required to be
retained as described in ORS 527.676 (1).
  (20) 'Written plan' means a plan submitted by an operator, for
written approval by the State Forester, which describes how the
operation will be conducted, including the means to protect
resource sites described in ORS 527.710 (3)(a) and information
required by ORS 527.745 and 527.750, if applicable.
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