72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3217
A-Engrossed
House Bill 3264
Ordered by the House April 29
Including House Amendments dated April 29
Sponsored by Representative KROPF
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.
Provides that State Forester does not approve plans for
forestry operations. Specifies that State Forester reviews plan
for forestry operations and provides comments to
{ - operator - } { + person who submitted plan + }. Specifies
that failure of State Forester to provide comment on plan is not
approval of plan nor does that failure ensure compliance with
applicable statutes or rules. { + Modifies time period in
which State Board of Forestry must hold hearing on plan and in
which board must issue final order rescinding, affirming or
modifying plan. + }
A BILL FOR AN ACT
Relating to forest operations; creating new provisions; and
amending ORS 527.620, 527.670, 527.700, 527.710, 527.750 and
527.992.
Whereas the Oregon Forest Practices Act is not a permit-based
regulatory system but a system of statutes and rules that sets
standards for forest practices with the expectation that
operators and landowners will willingly comply, seek
clarification or technical advice if there is confusion, or face
enforcement penalties for noncompliance; and
Whereas in many cases under the Oregon Forest Practices Act an
operator, landowner or timber owner merely notifies the State
Forester of an intent to begin operations and after a brief
waiting period may begin operations; and
Whereas for some more sensitive forest practices, written plans
are used as a preventative mechanism to ensure an adequate
understanding of rule requirements and preplanning; and
Whereas written plans merely describe how the operator proposes
to comply with existing state statutes and rules; and
Whereas the State Forester reviews and comments on written
plans as to whether the operation, if conducted as described, is
likely to comply with applicable standards, but the State
Forester is not authorized to require additional constraints not
contemplated in statutes or administrative rule; and
Whereas in very limited circumstances where statutes do require
State Forester approval before a specific forest practice can be
used, the State Forester is still not authorized to require
additional constraints not contemplated by statutes or
administrative rule; now, therefore,
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' 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 trees grown to be Christmas
trees as defined in ORS 571.505 on land used solely for the
production of Christmas trees.
(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
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 conducted in a
unit of less than 120 contiguous acres within a single ownership.
(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) 'Plan for an alternate practice' means a document
prepared by the operator, timber owner or landowner, subject to
approval by the State Forester, that describes practices that are
different than those prescribed in statute or administrative
rule, but that are designed to result in the same effect or to
meet the same purpose with equivalent or better results, or to
carry out a legitimate research project. + }
{ - (14) - } { + (15) + } '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) - } { + (16) + } 'State Forester' means the State
Forester or the duly authorized representative of the State
Forester.
{ - (16) - } { + (17) + } '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) - } { + (18) + } '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) - } { + (19) + } '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) - } { + (20) + } 'Wildlife leave trees' means
trees or snags required to be retained as described in ORS
527.676 (1).
{ - (20) - } { + (21) + } 'Written plan' means a { - plan
submitted - } { + document prepared + } by an operator,
{ - for written approval by the State Forester, which - }
{ + timber owner or landowner that + } describes how the
operation { - will - } { + is proposed to + } 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 - } .
SECTION 2. ORS 527.670 is amended to read:
527.670. (1) The State Board of Forestry shall designate the
types of operations for which notice shall be required under this
section.
(2) The board shall determine by rule what types of operations
require a written plan { - to be approved by the State
Forester - } . { + The State Forester shall review a written
plan and provide comments to the person who submitted the written
plan. Any review conducted pursuant to rules adopted under this
subsection shall be for the purpose of providing comment on
whether the operation as proposed is likely to comply with
applicable forest practices rules. + }
(3)(a) The board's determination under subsection (2) of this
section shall require a written plan for operations:
(A) Within one hundred feet of a stream determined by the State
Forester to be used by fish or for domestic use, unless the
board, by rule, provides that a written plan is not required
because the proposed operation will be conducted according to a
general vegetation retention prescription described in
administrative rule; { + or + }
(B) Within three hundred feet of a resource site inventoried
pursuant to ORS 527.710 (3)(a) { - ; or - }
{ - (C) That will result in harvest type 3 in excess of 120
acres pursuant to ORS 527.750. - }
{ - (b) Plans submitted under paragraph (a)(C) of this
subsection are not subject to appeal under ORS 527.700 (3) - } .
{ - (c) - } { + (b) + } Notwithstanding paragraph (a) of
this subsection, written plans { - shall not be - } { + are
not + } required for operations conducted in accordance with a
stewardship agreement as described in ORS 527.662.
(4) The distances set forth in subsection (3)(a)(A) and (B) of
this section are solely for the purpose of defining an area
within which a hearing may be requested under ORS 527.700 and not
the area to be protected by the board's rules adopted pursuant to
ORS 527.710 (3)(c).
(5) For the purpose of determining the distances set forth in
subsection (3)(a)(A) and (B) of this section 'site' means the
specific resource site and not any additional buffer area.
(6) An operator, timber owner or landowner, before commencing
an operation, shall notify the State Forester. The notification
shall be on forms provided by the State Forester and shall
include the name and address of the operator, timber owner and
landowner, the legal description of the operating area, and any
other information considered by the State Forester to be
necessary for the administration of the rules promulgated by the
board pursuant to ORS 527.710. Promptly upon receipt of such
notice, the State Forester shall send a copy of the notice to
whichever of the operator, timber owner or landowner did not
submit the notification. The State Forester shall send a copy of
notices involving chemical applications to persons within 10
miles of the chemical application who hold downstream surface
water rights pursuant to ORS chapter 537, if such a person has
requested that notification in writing. The board shall adopt
rules specifying the information to be contained in the notice.
All information filed with the State Forester pertaining to
chemical applications shall be public record.
(7) An operator, timber owner or landowner, whichever filed the
original notification, shall notify the State Forester of any
subsequent change in the information contained in the
notification.
(8) Within three working days of receipt of a notice or a
written plan filed under subsection (6) or (7) of this section,
the State Forester shall send a copy of the notice or written
plan to any person who requested of the State Forester in writing
that the person be sent copies of notice and written plan and who
has paid any applicable fee established by the State Forester for
such service. The State Forester may establish a fee for sending
copies of notices and written plans under this subsection not to
exceed the actual and reasonable costs. In addition, the State
Forester shall send a copy of the notification to the Department
of Revenue and the county assessor for the county in which the
operation is located, at times and in a manner determined through
written cooperative agreement by the parties involved.
(9) Persons may submit written comments pertaining to the
operation to the State Forester within 14 calendar days of the
date the notice or written plan was filed with the State Forester
under subsection (2), (6) or (7) of this section. Notwithstanding
the provisions of this subsection, the State Forester may waive
any waiting period for operations not requiring a written plan
under subsection (3) of this section, except those operations
involving aerial application of chemicals.
(10) Whenever an operator, timber owner or landowner is
required to submit a written plan of operations to the State
Forester under subsection (3)(a)(A) or (B) of this section, the
State Forester { - shall not approve - } { + may not complete
the review of + } any such written plan until 14 calendar days
following the date the written plan was filed with the State
Forester. An operation may commence upon { - approval - }
{ + completion of the review + } of the written plan { + and
the provision of comments by the State Forester to the
operator + }.
(11) { - (a) The State Forester shall issue a decision on a
written plan within five working days after the end of the 14-day
period described in subsection (10) of this section. - }
{ - (b) - } If the State Forester fails to { - issue a
decision - } { + comment + } within five working days after the
end of the 14-day period described in subsection (10) of this
section, { - the written plan shall be deemed approved and - }
the operation may be commenced. { + The failure of the State
Forester to comment after review of the plan does not ensure that
the plan complies with applicable statutes or administrative
rules. + }
(12) When the operation is required to have a written plan
under subsection (3)(a)(A) or (B) of this section and comments
have been timely filed under subsection (9) of this section
pertaining to the operation requiring a written plan, the State
Forester shall:
(a) Send a copy of the { - approved written plan - }
{ + State Forester's review and comments, if any, + } to persons
who submitted timely written comments under subsection (9) of
this section pertaining to the operation; and
(b) Send to the operator, timber owner and landowner a copy of
{ - the approved written plan and copies of - } all timely
comments submitted under subsection (9) of this section.
SECTION 3. ORS 527.700 is amended to read:
527.700. (1) Any operator, timber owner or landowner affected
by any finding or order of the State Forester issued under ORS
527.610 to 527.770 and 527.992 may request a hearing within 30
days after issuance of the order. The hearing shall be commenced
within 14 days after receipt of the request for hearing and a
final order shall be issued within 28 days of the request for the
hearing unless all parties agree to an extension of the time
limit.
(2) The State Board of Forestry may delegate to the hearing
officer the authority to issue final orders on matters under this
section. Hearings provided under this section shall be conducted
as contested case hearings under ORS 183.413 to 183.470. The
board may establish such rules as it deems appropriate to carry
out the provisions of this section. Appeals from final hearing
orders under this section shall be provided in ORS 183.482.
(3) Any person adversely affected or aggrieved by an operation
described in subsection (4) of this section may file a written
request to the board for a hearing if the person submitted
written comments pertaining to the operation within the time
limits established under ORS 527.670 (9).
(4) A request for hearing may be filed under subsection (3) of
this section only if a written plan was required pursuant to ORS
527.670 (3).
(5) A request for hearing filed under subsection (3) of this
section shall be filed within 14 calendar days of the date the
{ - written plan was approved - } { + State Forester
completed review of the written plan and issued comments + }.
Copies of the complete request shall be served, within the 14-day
period, on the operator, timber owner and landowner. The request
shall include:
(a) A copy of the written plan on which the person is
requesting a hearing;
(b) A copy of the comments pertaining to the operation that
were filed by the person requesting the hearing;
(c) A statement that shows the person is adversely affected or
aggrieved by the operation and has an interest which is addressed
by the Oregon Forest Practices Act or rules adopted thereunder;
and
(d) A statement of facts that establishes that the operation is
of the type described in ORS 527.670 (3).
(6) If the board finds that the person making the request meets
the requirement of subsection (5)(c) of this section, the board
shall set the matter for hearing within { - 14 - } { + 21 + }
calendar days after receipt of the request for hearing. The
operator, timber owner and landowner shall be allowable parties
to the hearing. The person requesting the hearing may raise, in
the hearing, only those issues that the person raised in written
comments filed under ORS 527.670 (9) relating to conformity with
the rules of the board. A final order shall be issued rescinding,
affirming or modifying the written plan within { - 28 - }
{ + 45 + } days after the request for hearing was filed, unless
all parties agree to an extension of the time limit.
(7) The board may award reasonable attorney fees and expenses
to each of the prevailing parties against any other party who the
board finds presented a position without probable cause to
believe the position was well-founded, or made a request
primarily for a purpose other than to secure appropriate action
by the board.
(8)(a) Upon the written request of a person requesting a
hearing under subsection (3) of this section, a stay of the
operation subject to the hearing may be granted upon a showing
that:
(A) Commencement or continuation of the operation will
constitute a violation of the rules of the board;
(B) The person requesting the stay will suffer irreparable
injury if the stay is not granted; and
(C) The requirements of subsections (3), (4) and (5) of this
section are met.
(b) If the board grants the stay, it shall require the person
requesting the stay to give an undertaking which may be in the
amount of the damages potentially resulting from the stay, but in
any event shall not be less than $15,000. The board may impose
other reasonable requirements pertaining to the grant of the
stay. The board shall limit the effect of the stay to the
specific geographic area or elements of the operation for which
the person requesting the stay has demonstrated a violation of
the rules and irreparable injury under paragraph (a) of this
subsection.
(c) If the board affirms the written plan pertaining to the
operation for which the stay was granted, the board shall award
reasonable attorney fees and actual damages in favor of each of
the prevailing parties, to the extent incurred by each, against
the person requesting the stay.
(9) If the board disapproves or changes the written plan as
submitted { - and approved by the State Forester - }
pertaining to any operation, the board shall award reasonable
attorney fees and costs against the state in favor of each of the
prevailing parties.
(10) As used in this section, 'person' means any individual,
partnership, corporation, association, governmental subdivision
or public or private organization of any character.
SECTION 4. ORS 527.750 is amended to read:
527.750. (1) Notwithstanding the requirements of ORS 527.740, a
harvest type 3 unit within a single ownership that exceeds 120
acres but does not exceed 240 acres may be approved by the State
Forester if all the requirements of this section and any
additional requirements established by the State Board of
Forestry are met. Proposed harvest type 3 units that are within
300 feet of the perimeter of a prior harvest type 3 unit, and
that would result in a total combined harvest type 3 area under a
single ownership exceeding 120 acres but not exceeding 240 acres,
may be approved by the State Forester if the additional
requirements are met for the combined area. No harvest type 3
unit within a single ownership shall exceed 240 contiguous acres.
No harvest type 3 unit shall be allowed within 300 feet of the
perimeter of a prior harvest type 3 unit within a single
ownership if the combined acreage of the areas subject to
regulation under the Oregon Forest Practices Act would exceed 240
acres, unless the prior harvest type 3 unit has been reforested
by all applicable regulations and:
(a) At least the minimum tree stocking required by rule is
established per acre; and either
(b) The resultant stand of trees has attained an average height
of at least four feet; or
(c) At least 48 months have elapsed since the stand was created
and it is 'free to grow' as defined by the board.
(2) The requirements of this section are in addition to all
other requirements of the Oregon Forest Practices Act and the
rules adopted thereunder. The requirements of this section shall
be applied in lieu of such other requirements only to the extent
the requirements of this section are more stringent. Nothing in
this section shall apply to operations conducted under ORS
527.740 (4) or (5).
(3) The board shall require that a { - written - } plan
{ + for an alternate practice + } be submitted prior to approval
of a harvest type 3 operation under this section. The board may
establish by rule any additional standards applying to operations
under this section.
(4) The State Forester shall approve the harvest type 3
operation if the proposed operation would provide better overall
results in meeting the requirements and objectives of the Oregon
Forest Practices Act.
(5) The board shall specify by rule the information to be
submitted for approval of harvest type 3 operations under this
section, including evidence of past satisfactory compliance with
the Oregon Forest Practices Act.
SECTION 5. ORS 527.992 is amended to read:
527.992. (1) In addition to any other penalty provided by law,
any person who fails to comply with any of the following may
incur a civil penalty in the amount adopted under ORS 527.685:
(a) The requirements of ORS 527.670, 527.676, 527.740, 527.750
or 527.755.
(b) The terms or conditions of any order of the State Forester
issued in accordance with ORS 527.680.
(c) Any rule or standard of the State Board of Forestry adopted
or issued pursuant to ORS 527.710.
(d) Any term or condition of a written waiver, or prior
approval granted by { - , or of a written plan of operation
accepted by - } the State Forester pursuant to the rules adopted
under ORS 527.710.
(2) Imposition or payment of a civil penalty under this section
shall not be a bar to actions alleging trespass under ORS
105.810, nor to actions under ORS 161.635 or 161.655 seeking to
recover an amount based on the gain resulting from individual or
corporate criminal violations.
SECTION 6. ORS 527.710 is amended to read:
527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
183.310 to 183.550, rules to be administered by the State
Forester establishing standards for forest practices in each
region or subregion.
(2) The rules shall ensure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
(a) Air quality;
(b) Water resources, including but not limited to sources of
domestic drinking water;
(c) Soil productivity; and
(d) Fish and wildlife.
(3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
(A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
(B) Sensitive bird nesting, roosting and watering sites;
(C) Biological sites that are ecologically and scientifically
significant; and
(D) Significant wetlands.
(b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
(c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
(4) Before adopting rules under subsection (1) of this section,
the board shall consult with other agencies of this state or any
of its political subdivisions that have functions with respect to
the purposes specified in ORS 527.630 or programs affected by
forest operations. Agencies and programs subject to consultation
under this subsection include, but are not limited to:
(a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
(b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and
ORS chapter 517;
(c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134 and ORS chapters 496,
498, 501, 506 and 509;
(d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.480 to 358.545, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
(e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
(f) Removal and fill, natural heritage conservation and natural
heritage conservation tax incentive programs administered by the
State Land Board and the Division of State Lands under ORS
196.800 to 196.900, 273.553 to 273.591 and 541.700 to 541.990;
(g) Federal Safe Drinking Water Act programs administered by
the Department of Human Services under ORS 448.273 to 448.990;
(h) Natural heritage conservation programs administered by the
Natural Heritage Advisory Council under ORS 273.553 to 273.591;
(i) Open space land tax incentive programs administered by
cities and counties under ORS 308A.300 to 308A.330;
(j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
(k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
(5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
(6) The board shall adopt rules to meet the purposes of another
agency's regulatory program where it is the intent of the board
to administer the other agency's program on forestland and where
the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
(7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630, including but not limited to stewardship agreements as
described in ORS 527.662.
(b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
(8) If based upon the analysis required in section 15 (2)(f),
chapter 919, Oregon Laws 1991, and as the results become
available, the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
(9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
(b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
(c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish
and wildlife populations through restoration and rehabilitation
of sites beneficial to fish and wildlife.
(d) The board shall adopt rules to implement the findings of
this subsection.
(10) The board shall adopt rules that provide the State
Forester with authority to condition the { - approval - }
{ + review + } of plans required under ORS 527.670 (2) and (3)
when the State Forester makes a determination that there is
evidence of a potential threat to resources protected under this
section by controlling method, timing and extent of harvest when
the forester determines such limitations are necessary to achieve
the objectives of ORS 527.630.
(11) In addition to its responsibilities under subsections (1)
to (3) of this section, the board shall adopt rules to reduce the
risk of serious bodily injury or death caused by a rapidly moving
landslide directly related to forest practices. The rules shall
consider the exposure of the public to these safety risks and
shall include appropriate practices designed to reduce the
occurrence, timing or effects of rapidly moving landslides. As
used in this subsection, 'rapidly moving landslide' has the
meaning given that term in ORS 195.250.
SECTION 7. { + The amendments to ORS 527.620, 527.670,
527.700, 527.710, 527.750 and 527.992 by sections 1 to 6 of this
2003 Act apply to plans submitted to the State Forester on or
after the effective date of this 2003 Act. + }
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