74th OREGON LEGISLATIVE ASSEMBLY--2007 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 617
Senate Bill 99
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 Theodore R.
Kulongoski 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.
Revises forestland-urban interface fire protection system.
Allows State Forester to enter into cooperative agreement with
governing body of local government or homeowners association.
Decreases quorum for county forestland-urban interface
classification committee. Modifies ability of State Forester to
designate and classify forestland-urban interface land. Revises
provisions concerning hearings on proposed designations and
classifications. Modifies obligation of landowner to minimize
fire hazards. Requires county clerk to record order from county
forestland-urban interface classification committee.
A BILL FOR AN ACT
Relating to forestland-urban interface fire protection; creating
new provisions; and amending ORS 205.130, 477.017, 477.023,
477.027, 477.029, 477.031, 477.052, 477.054, 477.057, 477.059,
477.060 and 477.061.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 477.017 is amended to read:
477.017. (1) The Legislative Assembly finds that:
(a) The forestland-urban interface situation in Oregon is a
result of both past and present conditions and that, given
projected trends, the forestland-urban interface situation will
continue to grow.
(b) Urban and suburban structures, real property and
{ - other - } natural resources { - within a forestland-urban
interface - } are subject to increased risks of catastrophic
damage by { + forestland-urban interface + } fire events.
(c) There is greater complexity in forestland-urban interface
fire protection than in either resource land fire protection or
urban structural fire protection.
(d) In dealing with the forestland-urban interface situation,
major and long term solutions will involve local actions and
efforts by property owners.
(e) One solution or set of solutions will not fit all
situations or areas of the state.
(2) The Legislative Assembly declares that:
(a) In order to ensure the protection of human life, the safety
of citizens and fire service personnel and the highest possible
level of livability in Oregon, it is necessary to provide a
complete and coordinated fire protection system within the
forestland-urban interface in Oregon.
(b) All forestland-urban interface property owners have a basic
responsibility to share in this complete and coordinated
protection system by providing efforts against fire.
(c) Public and property owner education and awareness is
critical to forestland-urban interface solutions and must occur
at multiple levels.
(d) In administration of ORS 477.015 to 477.061, it is the
intent of the Legislative Assembly that property owners who will
be affected by ORS 477.015 to 477.061 will be:
(A) Involved in the processes of development of administrative
rules pursuant to ORS 477.015 to 477.061; and
(B) Notified of the outcomes of classification pursuant to ORS
477.015 to 477.057.
(3) The purpose of ORS 477.015 to 477.061 is to:
(a) Provide a forestland-urban interface fire protection system
in Oregon that minimizes cost and risk while maximizing
effectiveness and efficiency for protection of the values at risk
from fire.
(b) Promote and encourage property owner efforts to minimize
and mitigate fire hazards and risks within the forestland-urban
interface.
(c) Promote and encourage the involvement and interaction of
all levels of government and the private sector that have a
direct or indirect interest and role in the forestland-urban
interface situation over the long term.
SECTION 2. ORS 477.023 is amended to read:
477.023. (1) The forestland-urban interface in Oregon
represents a unique fire protection situation that requires that
unique and special measures be taken to ensure adequate public
safety and protection of property, development and natural
resources. Therefore, it is declared to be the public policy of
the State of Oregon to encourage and provide a complete and
coordinated forestland-urban interface fire protection system.
(2)(a) It is recognized that forestland-urban interface areas
are already subject to other laws and to regulations of other
agencies. It is the intent of ORS 477.015 to 477.061 to integrate
with and not replace those other laws and regulations.
(b) In the event of an apparent conflict between the
obligations imposed by ORS 477.015 to 477.061 and by other laws
or regulations for which the forester is responsible and has
jurisdiction, the forester shall resolve the conflict within the
scope of the forester's authority.
(c) { - In the event of an apparent conflict, - }
{ + Except as provided in paragraph (d) of this subsection, + }
the obligations imposed by ORS 477.015 to 477.061 { - shall - }
{ + do + } not supersede or replace federal law or regulation,
other state { - agency - } law or
{ - regulations - } { + rules + }, or more restrictive local
government ordinance or code.
{ + (d) In the event of an apparent conflict between the
obligations imposed by ORS 477.015 to 477.061 and a more
restrictive local government ordinance or code, the State
Forester may enter into a cooperative agreement with the
governing body of a local government, the terms of which provide
that ORS 477.015 to 477.061 supersede the local government
ordinance or code in specified cases.
(e) In the event of an apparent conflict between the
obligations imposed by ORS 477.015 to 477.061 and the
declaration, bylaws, rules or regulations of a homeowners
association, the State Forester may enter into a cooperative
agreement with the homeowners association that allows the
declaration, bylaws, rules or regulations of the homeowners
association to supersede ORS 477.015 to 477.061 in specified
cases. The term of a cooperative agreement entered into under
this paragraph may not exceed five years.
(f) When a real property lot includes one or more structures
that have multiple owners, the State Forester may enter into a
cooperative agreement with one or more of the owners, or a person
designated as the representative of the owners, for the purposes
of matters related to ORS 477.015 to 477.061. The term of a
cooperative agreement entered into under this paragraph may not
exceed five years. + }
{ - (d) - } { + (g) + } Compliance with the obligations
imposed by ORS 477.015 to 477.061 does not relieve the
{ - property - } owner { + of land + } of the requirements of
other laws or regulations that might apply to the
{ - property - } { + land + } in question.
(3) To encourage development of a complete and coordinated
forestland-urban interface fire protection system, it is declared
to be in the public interest that the State Board of Forestry and
the State Forester take a lead role in statewide coordination of
the forestland-urban interface situation with other state and
federal agencies, local governments and private sector interests
that are concerned with fire protection in the forestland-urban
interface.
SECTION 3. ORS 477.027 is amended to read:
477.027. By administrative rule, the State Board of Forestry
shall establish criteria { - and a system - } by which the
forestland-urban interface shall be { + identified and + }
classified. The criteria shall recognize differences across the
state in fire hazard, fire risk and structural characteristics
within the forestland-urban interface { + . + } { - and the
system - } { + The criteria + } shall include not less than
three nor more than five classes of forestland-urban interface.
SECTION 4. ORS 477.029 is amended to read:
477.029. (1) { + Pursuant to a request by the State
Forester, + } the governing body of { - each - } { + a + }
county containing forestland-urban interface may establish a
county forestland-urban interface classification committee of
five persons { + , + } of whom one shall be appointed by the
State Forester, one by the State Fire Marshal and three by the
governing body. Of the members appointed by the governing body,
one must be an owner of { + land within the + } forestland-urban
interface { - property - } who permanently resides on the
{ - property or a representative thereof - } { + land + }.
Each appointing authority shall file with the { - forester - }
{ + State Forester + } the name of its appointee or appointees,
and the persons so named shall constitute the committee for the
county. { + Unless otherwise provided for by the appointing
authority, members of the committee shall serve a term of four
years and may be reappointed to any number of terms. + } Each
member of the committee at all times is subject to replacement by
the appointing authority, effective upon the filing with the
{ - forester - } { + State Forester + } by that authority of
written notice of { - removal and - } the name of the new
appointee.
(2) The committee shall elect from among its members a chair
and a secretary and may elect { - or employ - } other officers
{ - , agents and employees - } as it finds advisable.
{ - It - } { + The committee + } shall adopt rules governing
its organization and proceedings and the performance of its
duties, and shall keep written minutes of all its meetings. A
quorum of the { + county forestland-urban interface
classification + } committee for official actions { - shall be
four or more members present - } { + is three members, and a
quorum of a committee established pursuant to subsection (4)(a)
of this section is four members + }.
(3) The governing body of the county may provide for the
committee and its employees such accommodations and supplies and
such county funds not otherwise appropriated as the governing
body finds necessary for the proper performance of the
committee's functions. The members of the committee shall receive
no compensation for their services, but the governing body may
reimburse them for their actual and necessary travel and other
expenses incurred in the performance of their duties. By written
agreement between the State Forester and the governing body, the
State Forestry Department may provide the functions or be
responsible for { + part or all of + } the expenses referred to
in this subsection.
(4) In the interest of efficiency, by written agreement between
the State Forester and the governing body, if a forestland
classification committee is established and active within a
county pursuant to ORS 526.305 to 526.340, { + the members
of + } that committee may { + also + } serve { - as - }
{ + on + } the county forestland-urban interface classification
committee established by subsection (1) of this section. In the
event that this agreement is made, the State Forester and the
governing body shall ensure that either:
(a) A State Fire Marshal appointee and { - a - } { + an
owner of land within the + } forestland-urban interface
{ - property owner - } who permanently resides on the
{ - property or a representative thereof - } { + land + } are
added to the { - existing - } { + county + } forestland
classification committee to bring the total number of committee
members to seven; or
(b) The State Fire Marshal approves of the current membership
of the { + county + } forestland classification committee and
the committee includes { - a - } { + an owner of land within
the + } forestland-urban interface { - property owner - } who
permanently resides on the { - property or a representative
thereof - } { + land + }.
SECTION 5. ORS 477.031 is amended to read:
477.031. (1) { - Upon establishment of a - } { + A + }
county forestland-urban interface classification committee
{ + established + } under ORS 477.029 { - , the committee shall
investigate and study - } { + shall periodically identify
+ }all { + land to be designated as + } forestland-urban
interface within { - its - } { + the + } county { - and
determine which classifications of forestland-urban interface are
represented according to the classification system - }
{ + based on the criteria + } developed pursuant to ORS 477.027.
(2) { - Upon the basis of its investigation and determination
under subsection (1) of this section, - } The committee shall
assign all forestland-urban interface forestland { - within its
county - } { + identified under subsection (1) of this
section + } to one of the forestland-urban interface
{ - classifications - } { + classes + } developed pursuant to
ORS 477.027.
(3) { + Before making final designations and classifications
under this section, + } the { - county forestland-urban
interface classification committee first shall adopt preliminary
classification assignments and upon its completion shall cause
notice thereof to be published - } { + committee shall adopt
proposed designations and classifications. The committee shall
publish notice of the proposed designations and
classifications + } once a week for two consecutive weeks in a
newspaper of general circulation in the county, to be posted in
three public places within the county, and to be mailed to
{ + the + } owners of { - property within the preliminary
classifications - } { + land that is affected by the proposed
designations and classifications + }. The notice shall state the
time and place for hearing or receiving objections, remonstrances
or suggestions as to the proposed { + designations and + }
classifications and the place where { - a statement - }
{ + maps + } of the
{ - preliminary - } { + proposed designations and + }
classifications may be inspected.
SECTION 6. ORS 477.052 is amended to read:
477.052. (1) The county forestland-urban interface
classification committee shall hold a public hearing at the time
and place stated in the notice published under ORS 477.031 (3),
or at such other time and place to which the hearing may be
adjourned, to receive from any interested persons objections,
remonstrances or suggestions relating to the proposed
{ + designations and + } classifications. Following the hearing
the committee may make such changes in the { - preliminary - }
{ + proposed designations and + } classifications as it finds to
be proper, hold additional hearings as it finds necessary, and
thereafter shall make { - its - } final { + designations
and + } classifications.
(2) All { + final + } action by the committee in
{ + designating and + } classifying { - or reclassifying - }
forestland-urban interface
{ - property - } shall be by formal written order, which must
include a statement of findings of fact on the basis of which the
order is made, and must include a { + list of all land
designated and classified. The committee shall prepare one or
more + } { - map - } { + maps + } showing the { + final
designations and + } classifications { - or
reclassifications - } made. The original of the order shall be
filed
{ - immediately - } with the county clerk of the county { - ,
who shall maintain and make it available for public
inspection - } { + . The order need not meet the requirements of
ORS 205.232 to be filed and recorded + }. A copy of the order
certified by the secretary of the committee shall be sent to the
State { - Board of Forestry - } { + Forester + }.
{ + (3) Copies of the order, lists of land and maps required
by this section shall be maintained in designated offices of the
forester where they shall be made available for public
inspection. + }
SECTION 7. ORS 477.054 is amended to read:
477.054. (1) Any owner of land { + designated and + }
classified under ORS 477.027 to 477.057 who is aggrieved by the
{ + designation or + } classification may, within 30 days after
the date of the order making the { + designation and + }
classification, appeal to the circuit court for the county.
{ - The appeal shall be taken by serving the - } Notice of
{ + an + } appeal { + shall be promptly served + } on the
secretary of the committee or, if the { + designation and + }
classification was made under ORS 477.057, on the State Forester
{ - , and by filing such notice with the county clerk - } .
(2) The appeal shall be tried by the circuit court as an action
not triable by right to a jury.
SECTION 8. ORS 477.057 is amended to read:
477.057. (1) { - In the event no - } { + The State Forester
may designate and classify forestland-urban interface, consistent
with and as described in ORS 477.031 to 477.054, if a designation
and + } classification of { - the - } forestland-urban
interface is { + not + } made by
{ - a - } { + the + } county forestland-urban interface
classification committee within a county in which such land is
situated because { + :
(a) + } { - no committee was appointed - } { + The
governing body of the county fails to establish a county
forestland-urban interface committee within + } { - for a
period of time exceeding - } two years { + after the State
Forester makes a request under ORS 477.029 (1);
(b) + } { - or, if appointed, a - } { + The + } committee
{ - did not act for a period of time exceeding two years - }
{ + fails to make a designation and classification within five
years after being appointed, or the committee fails to make a
designation and classification within five years of the last
designation and classification made by the committee; + } or
{ + (c) The committee + } { - acted in a manner
inconsistent with law, the State Forester may make the final
classifications that were otherwise to be made by a committee
consistent with and in the same manner as the process described
in - } { + fails to make a designation and classification in a
manner consistent with + }ORS 477.031 to 477.054.
(2) { - Classifications - } { + Designation and
classification + } by the State Forester { - have - }
{ + has + } the same force and effect as though made by a
committee for that county. However, { + designations and + }
classifications made by the State Forester cease to be effective
if replaced by { + designations and + } classifications made
pursuant to ORS 477.052 by the appropriate committee.
SECTION 9. ORS 477.059 is amended to read:
477.059. { - (1) An owner of land within a forestland-urban
interface classification, prior to a fire occurrence originating
on the owner's property, shall take actions, measures or efforts
to minimize or mitigate a fire hazard or risk on the property due
singly, or in combination, to the presence of structures, the
arrangement or accumulation of vegetative fuels or the presence
of other fire hazards. - }
{ - (2) The minimum acceptable standards to comply with
subsection (1) of this section shall be established in rules
promulgated by the State Board of Forestry and shall be based on
considerations of the variability of the forestland-urban
interface classifications across the state. The rules established
by this subsection shall be provided to all owners, within the
appropriate forestland-urban interface classifications. - }
{ - (3) Structures and real property lots in a
forestland-urban interface classification that, by written
evaluation pursuant to rules promulgated by the board, meet the
standards of subsection (2) of this section prior to fire
occurrence on the owner's property shall be considered certified
as having met the requirements of subsection (1) of this section.
The rules established by this subsection shall: - }
{ - (a) Be provided to all owners, within the appropriate
forestland-urban interface classifications; and - }
{ - (b) Provide for periodic renewal of the written
certification based on the specific characteristics of the
applicable forestland-urban interface classifications. - }
{ - (4) In the event that an owner fails to meet the
obligations of subsection (1) of this section and a fire occurs,
then the owner shall be liable for the actual costs incurred by
the forester up to a maximum of $100,000, excluding that portion
of the actual costs which are the ordinary costs of the regular
personnel and equipment of the forest protection district wherein
the forestland-urban interface classification is located if: - }
{ - (a) The fire originates on the owner's property; - }
{ - (b) The ignition or spread of the fire is directly
related to the failure to meet the obligations of subsection (1)
of this section; and - }
{ - (c) The fire requires action by the forester pursuant to
ORS 477.066 (2) and the forester incurs costs in suppressing the
fire. - }
{ + (1)(a) The State Board of Forestry shall by rule
establish minimum standards for minimizing or mitigating:
(A) Fire hazards or risks on land within a forestland-urban
interface due to the presence of structures or the arrangement or
accumulation of vegetative fuels; and
(B) Other fire hazards or risks or combinations of fire hazards
or risks.
(b) In adopting rules under this subsection, the board shall
take into account the variability of the forestland-urban
interface in different parts of the state.
(c) An owner of land within a forestland-urban interface must
comply with the minimum standards applicable to the land.
(2)(a) Except as provided in paragraph (b) of this subsection,
but no more frequently than once every five years, the State
Forester shall provide written notice of the applicable minimum
standards established under this section to each owner of land
within a forestland-urban interface, unless the owner requests a
copy more frequently.
(b) The board need not give notice under paragraph (a) of this
subsection to an owner of land if the owner is a member of a
homeowners association by reason of owning the land and the State
Forester has entered into a cooperative agreement with the
homeowners association pursuant to ORS 477.023 (2)(e) that
provides for notice to owners through the association.
(3) An owner of land within a forestland-urban interface must
certify in writing to the State Forester that the owner has
complied with the applicable minimum standards established under
this section not later than two years after the order designating
the land as being within the forestland-urban interface is filed
with the county clerk under ORS 477.052 (2). If a subsequent
order is filed that changes the classification of the land, the
owner of the land must make a supplemental certification in
writing to the State Forester that reflects the measures that the
owner has taken to comply with the applicable minimum standards
established under this section for the new classification not
later than six months after the new order is filed.
(4) The State Forester shall accept certifications made to the
forester under subsection (3) of this section. Any owner of land
whose written certification has been accepted by the State
Forester under this subsection is not liable for the costs of
suppressing a fire under subsection (6) of this section, unless
the State Forester subsequently determines that the owner of land
has provided a false certification.
(5) The State Board of Forestry may require periodic renewal of
a certification accepted by the State Forester under subsection
(4) of this section, and may require supplemental certifications
from the owner of land that reflect the measures that the owner
has taken to comply with the applicable minimum standards
established under this section. An owner of land is responsible
for maintaining the land described by the certification in
compliance with the applicable minimum standards established
under this section.
(6) The owner of land designated to be within a
forestland-urban interface is liable to the State Forester for
the costs of suppressing a fire that occurs on that land, as
described in subsection (7) of this section, if:
(a) The owner has failed to meet the applicable minimum
standards established under this section;
(b) The fire originates on the owner's land;
(c) The ignition or spread of the fire is directly related to
the owner's failure to meet the applicable minimum standards
established under this section; and
(d) The fire requires action by the forester pursuant to ORS
477.066 (2).
(7) The liability of an owner of land under subsection (6) of
this section may not exceed $100,000. The State Forester may not
seek recovery under subsection (6) of this section for any
portion of the costs of suppressing a fire that are the ordinary
costs of the regular personnel and equipment of the forest
protection district in which the land is located. This subsection
does not limit the liability of the owner under ORS 477.120.
(8) Before selling any land with a forestland-urban interface,
the owner of the land must inform the buyer of the minimum
standards applicable to the land under this section. + }
SECTION 10. ORS 477.060 is amended to read:
477.060. (1) In determining the annual cost of protection
pursuant to ORS 477.230, the forester may consider and include
the special or additional cost of fire protection for property
{ + owners + } within a forestland-urban interface
classification, including the special or unique costs of
assessment processing and administration.
(2) The forester shall identify special or additional costs
identified by subsection (1) of this section in the budget
required by ORS 477.230 to 477.300. These special or additional
costs are in addition to the annual cost of ORS 477.230 (1) and
may not exceed $25 annually for each { + real + } property { +
lot + }. Only those owners of { - property - } { + land + }
within a forestland-urban interface classification in a forest
protection district shall bear the special or additional cost of
fire protection within the forestland-urban interface in a manner
consistent with rules promulgated by the State Board of Forestry.
SECTION 11. ORS 477.061 is amended to read:
477.061. ORS 477.015 to 477.061 shall be known as the Oregon
Forestland-Urban Interface Fire Protection Act { - of 1997 - }
.
SECTION 12. ORS 205.130 is amended to read:
205.130. The county clerk shall:
(1) Have the custody of, and safely keep and preserve all files
and records of deeds and mortgages of real property, and a record
of all maps, plats, contracts, powers of attorney and other
interests affecting the title to real property required or
permitted by law to be recorded.
(2) Record, or cause to be recorded, in a legible and permanent
manner, and keep in the office of the county clerk, all:
(a) Deeds and mortgages of real property, powers of attorney
and contracts affecting the title to real property, authorized by
law to be recorded, assignments thereof and of any interest
therein when properly acknowledged or proved and other interests
affecting the title to real property required or permitted by law
to be recorded;
(b) Certificates of sale of real property under execution or
order of court, or assignments thereof or of any interest therein
when properly acknowledged or proved;
(c) Certified copies of death certificates of any person
appearing in the county records as owning or having a claim or
interest in land in the county. A death certificate recorded in
the deed records of a county under this subsection is a public
record and is not subject to the disclosure limitations under ORS
432.121;
(d) Instruments presented for recording by the United States or
the State of Oregon, or a political subdivision of either, that
affect title to or an interest in real property or that lawfully
concern real property; { - and - }
(e) Instruments recognized under state law or rule or federal
law or regulation as affecting title to or an interest in real
property if the instrument is properly acknowledged or
proved { + ; and
(f) Orders from a county forestland-urban interface
classification committee filed under ORS 477.052 + }.
(3) Keep and maintain:
(a) Deed and mortgage records;
(b) Statutory lien records;
(c) A record called the County Clerk Lien Record in which the
following shall be recorded:
(A) The warrants and orders of officers and agencies that are
required or permitted by law to be recorded; and
(B) All instruments presented for recordation when required or
permitted by law to be recorded that affect the title to or an
interest in real property, other than instruments recorded in the
deed and mortgage records or the statutory lien records;
(d) Releases, satisfactions, assignments, amendments and
modifications of recorded instruments; and
(e) Other instruments required or permitted by law to be
recorded not affecting interests in real property.
(4) Perform all the duties in regard to the recording and
indexing of deeds and mortgages of real property, contracts,
abstracts of judgments, notices of pendency, powers of attorney
and other interests when required or permitted by law to be
recorded that affect the title of real property, and in regard to
the entry of satisfaction and discharge of the same, together
with other documents required or permitted by law to be recorded.
(5) Incur no civil or criminal liability, either personally or
in an official capacity, for recording an instrument that does
not comply with the provisions of law that require or allow the
recording of the instrument.
SECTION 13. { + (1) The amendments to ORS 477.029 (1) by
section 4 of this 2007 Act establishing a four-year term for
members of county forestland-urban interface classification
committees do not apply to members who are serving on the
effective date of this 2007 Act, but a member serving on the
effective date of this 2007 Act may not serve more than four
years after the effective date of this 2007 Act unless the member
is reappointed. If a member is reappointed after the effective
date of this 2007 Act, the term of the reappointed member is four
years.
(2) The amendments to ORS 477.029 (2) by section 4 of this 2007
Act apply to meetings of a county forestland-urban interface
classification committee taking place on or after the effective
date of this 2007 Act.
(3) The amendments to ORS 477.059 by section 9 of this 2007 Act
only apply to initial certifications, supplemental certifications
and renewal certifications that are required on or after the
effective date of this 2007 Act. + }
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