Chapter 11 Oregon Laws 2008 Special Session
AN ACT
HB 3628
Relating to Oregon Forest Practices Act; amending ORS 527.736; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 527.736 is amended to read:
527.736. (1) The
standards established in ORS 527.740 to 527.750 shall be administered by the
State Forester as standards applying to all operations in the state, including
those on forestland owned by the state or any political subdivision thereof.
Pursuant to ORS 527.710 the State Board of Forestry shall adopt, repeal or
amend forest practice rules as necessary to be consistent with and to implement
the standards established in ORS 527.740 to 527.750. Except as provided in ORS
527.714, nothing in ORS 468B.100 to 468B.110, 477.562, 527.620, 527.670,
527.690, 527.710, 527.715, 527.722, 527.724 and 527.736 to 527.770 shall affect
the powers and duties of the board to adopt, or the State Forester to
administer, all other regulations pertaining to forest practices under
applicable state law.
(2) Nothing in ORS
527.740 to 527.750 is intended to apply to cutting of trees that is for growth
enhancement treatments, as defined by the State Forester, such as thinning or
precommercial thinning.
(3) The State Board
of Forestry may modify or waive the limitations and requirements of ORS
527.676, 527.740, 527.750 and 527.755 for the purposes of a bona fide research
project conducted by:
(a) A federal agency;
(b) Agencies of the
executive department, as defined in ORS 174.112;
(c) An educational
institution; or
(d) A private landowner.
(4) The State Board of
Forestry may agree as a term of a stewardship agreement entered into under ORS
541.423 to modify or waive the limitations and requirements of ORS 527.676,
527.740, 527.750 and 527.755.
(5) The State Board of
Forestry may modify or waive the limitations and requirements of ORS 527.676,
527.740, 527.750 and 527.755 for the purpose of an operation for the planting,
growing, managing or harvesting of hardwood timber, including but not limited
to hybrid cottonwood, if:
(a) The timber is grown
on land that has been prepared by intensive cultivation methods and is cleared
of competing vegetation for at least three years after planting;
(b) The timber is
harvested on a rotation cycle of more than 12 years and less than 20 years
after planting; and
(c) The timber is
subject to intensive agricultural practices, including but not limited to
fertilization, cultivation, irrigation, insect control and disease control.
SECTION 2. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 3, 2008
Filed in the office of Secretary of State March 4, 2008
Effective date March 3, 2008
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