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 1100
 
                         Senate Bill 412
 
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 as
introduced.
 
  Specifies that Oregon Forest Practices Act applies to
forestland inside urban growth boundary unless local government
adopts land use regulations for forest practices that meet
certain guidelines. Allows counties to prohibit but not regulate
forest practices on certain lands located outside urban growth
boundary.
 
                        A BILL FOR AN ACT
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 inside any urban growth boundary unless 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
and that are: + }   { - Such local regulations shall: - }
  (a)  { + Developed to + } protect soil, air, water, fish and
wildlife resources;   { - and - }
  (b)   { - Be - }  Acknowledged as being in compliance with land
use planning goals  { - . - }  { + ;
  (c) Developed through a public process for the specific purpose
of regulating forest practices;
  (d) Developed in consultation with the State Forestry
Department; and
  (e) Developed in consideration of forest practice regulation
guidelines jointly developed by the State Forestry Department and
the Department of Land Conservation and Development. + }
  (6) Local governments which have, before September 29, 1991,
adopted 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 the State Forester of responsibility to
administer the Oregon Forest Practices Act within the affected
area.
  (7) 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.
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