Chapter 863 Oregon Laws 1999
Session Law
AN ACT
HB 3393
Relating to large woody
debris; creating new provisions; and amending ORS 496.270.
Whereas the Legislative Assembly finds that large woody debris
enhances the quality of fish habitat and water quality in all waters of the
state where large woody debris is available under natural conditions; and
Whereas the amount of large woody debris in many streams has
been significantly reduced due to historical removal to encourage development
and protect property; and
Whereas although large woody debris can damage property and
structures, the Legislative Assembly encourages Oregonians to protect, retain
and recruit large woody debris within waters of the state for the purposes of
fish habitat and water quality improvement; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) The Governor shall create a work group
to study issues related to the protection, retention and recruitment of large
woody debris. The Governor's natural resources advisor or designee shall chair
the work group. The work group shall include interested stakeholders and
representatives from the appropriate state agencies. The work group shall:
(a) Identify, analyze and
recommend alternatives on how to more uniformly manage the protection,
retention and recruitment of large woody debris consistent with necessary
protection of property and structures;
(b) Recommend practical and
equitable solutions to the risks to property and structures associated with the
protection, retention and recruitment of large woody debris; and
(c) Identify and recommend
incentives that may encourage Oregonians to better protect, retain and recruit
large woody debris.
(2) The work group shall
request the Independent Multidisciplinary Science Team to review any proposed
recommendations for the adequacy of a scientific basis for the recommendations.
(3) The work group shall
report to the joint legislative committee created under ORS 171.551 prior to
the beginning of the Seventy-first Legislative Assembly. The work group shall
request that any legislation proposed by the work group indicate that the legislation
is introduced at the request of the work group. The work group shall prepare
the legislation in time for presession numbering and filing pursuant to ORS
171.130, for presentation to the regular session of the Seventy-first
Legislative Assembly.
SECTION 2. (1) A landowner is not liable in tort for
any personal injury, death or property damage that arises out of the leaving of
large woody debris on the property of the landowner under the provisions of ORS
527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770,
or under any other law or rule requiring trees and large woody debris to be
left upon property after logging or other activity on the land.
(2) The limitation on
liability provided by this section applies to any injury, death or damage
arising out of wildfire, erosion, flooding, diversion of waters, damage to
public improvements and any other injury, death or damage caused by the large
woody debris left by the landowner.
(3) The limitation on
liability provided by this section does not apply if the injury, death or
damage was caused by the intentional tort of the landowner or by the gross
negligence of the landowner. As used in this subsection, "gross
negligence" means negligence that is materially greater than the mere
absence of reasonable care under the circumstances, and that is characterized
by indifference to or reckless disregard of the rights of others.
(4) The limitation on
liability provided by this section is in addition to any limitation on
liability provided under ORS 105.672 to 105.696.
(5) The limitation on
liability provided by this section does not apply to any liability established
by the provisions of ORS chapter 477.
SECTION 3.
ORS 496.270 is amended to read:
496.270. (1) The Legislative Assembly declares that it is the
policy of the State of Oregon to encourage operators, timber owners and
landowners to voluntarily improve fish and wildlife habitat. In order to carry
out this policy, the Legislative Assembly encourages cooperation among
operators, timber owners and landowners and other volunteers.
(2) Consistent with the limitations of ORS 105.672 to 105.696,
a landowner is not liable in contract or tort for any personal injury, death or
property damage that arises out of the use of the land by:
(a) A volunteer conducting a fish and wildlife habitat
improvement project; or
(b) A participant of a state-funded or federally funded
watershed or stream restoration or enhancement program.
(3) An operator, timber owner or landowner shall not be held
liable for any damages resulting from:
(a) A fish and wildlife habitat
improvement project done in cooperation and consultation with the State
Department of Fish and Wildlife or the Governor's Watershed Enhancement Board,
or conducted as part of a forest management practice in accordance with ORS
527.610 to 527.770, 527.990 and 527.992;
or
(b) Leaving large woody
debris within the waters of this state to protect, retain and recruit large
woody debris for the purposes of fish habitat and water quality improvement.
(4) The limitations to liability provided by subsections (2)
and (3) of this section do not apply if the damages, injury or death was caused
by willful, wanton or intentional conduct on the part of the operator, timber
owner or landowner or by the gross negligence of the operator, timber owner or
landowner. As used in this subsection "gross negligence" means
negligence which is materially greater than the mere absence of reasonable care
under the circumstances, and which is characterized by indifference to or
reckless disregard of the rights of others.
(5) The limitation on liability provided by subsection (3) of
this section does not apply to claims for death or personal injuries.
Approved by the Governor
July 23, 1999
Filed in the office of
Secretary of State July 23, 1999
Effective date October 23,
1999
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