Chapter 477 — Fire
Protection of Forests and Vegetation
New sections of law were added by
legislative action to this ORS chapter or to a series within this ORS chapter
by the Legislative Assembly during its 2012 regular session. See sections in
the following 2012 Oregon Laws chapters: 2012
Session Laws 0019
2011 EDITION
FIRE PROTECTION OF FORESTS &
VEGETATION
PROTECTION FROM FIRE
GENERAL PROVISIONS
477.001 Definitions
477.005 Policy
477.009 Investigative
authority of Attorney General for fire protection administration
SMOKE MANAGEMENT
477.013 Smoke
management plan; rules
URBAN INTERFACE FIRE PROTECTION
477.015 Definitions
477.017 Legislative
findings, policy and purpose
477.023 Fire
protection system; integration with existing laws; cooperative agreements
477.025 Classification
of lands to reflect different protection problems
477.027 Rules
for classification of lands
477.029 Local
land classification committee; members; officers; terms; rules
477.031 Duties
of committee
477.052 Hearings
on proposed classifications
477.054 Appeal
of classification decisions; procedure
477.057 State
Forester to classify land if county fails to act
477.059 Obligation
of landowner to comply with standards; rules; certification by landowner;
penalty for failure to comply
477.060 Considerations
in determining cost of protection; special or additional costs
477.061 Short
title
HAZARD ABATEMENT
477.062 Inadequately
protected forestland declared nuisance; notice to protect; work at expense of
owner; collection of amount expended
FIRE ABATEMENT
477.064 Uncontrolled
fire declared nuisance
477.066 Duty
of owner and operator to abate fire; abatement by authorities
477.067 Notice
of fire
477.068 Liability
for cost of abatement; interest; lien; foreclosure; attorney fees
477.069 Negligence
in origin and in failure to control fire may be united in one complaint
477.085 Liability
for cost of protecting land within a forest protection district
477.090 Civil
liability; damages
477.095 Applicability
of ORS 477.068, 477.085 and 477.090
477.100 Ability
of owner to suppress fire; limitation
477.120 Liability
of owner or operator
477.125 Liability
of forest protective associations, rangeland protection associations and public
bodies; limitations
477.128 Expenditures
for criminal defense related to fire suppression activities
NORTHWEST WILDLAND FIRE PROTECTION
AGREEMENT
477.175 Definition
of “all possible aid” for agreement
477.180 Ratification
of amendment to agreement; withdrawal if Legislative Assembly fails to ratify
amendment
477.185 Use
of local fire protection resources
477.190 Authority
of Governor to carry out agreement
477.195 Ratification
of Northwest Wildland Fire Protection Agreement
477.200 Northwest
Wildland Fire Protection Agreement
FOREST PROTECTION DISTRICTS
477.205 Definitions
for ORS 477.205 to 477.281
477.210 Duty
of owner to protect forestland; forester’s duty to provide protection upon
noncompliance
477.220 Lands
not provided protection; lands not included within ORS 477.205 to 477.281
477.225 Establishment
and change of forest protection districts; rules
477.230 Basis
for computing cost of protection provided by forester; costs to be in
accordance with budget
477.232 Costs
in excess of budget; amounts not expended
477.235 Forester
to prepare tentative budget estimates for districts
477.240 Advisory
and guidance committees
477.245 Owners
entitled to be heard on budget matters; public budget meetings to be held in
district
477.250 Notice
of budget meeting; notice of proposed assessment
477.255 Holding
of budget meeting; revision and submission of budget for final approval
477.260 Appeal
to board
477.265 Board
to deal with budgets annually
477.270 Budgeted
cost of forester to be lien; collection; deposit of amounts collected
477.277 Additional
assessment to maintain unencumbered balance of Oregon Forest Land Protection
Fund
477.281 Limitation
on obligation of landowner for fire protection
477.295 Minimum
assessment under ORS 477.270; combining lots; fees; rules
477.300 Use
of funds in State Forestry Department Account for capital outlay expenditures
of district
477.305 Forester
to enforce prohibition against littering on forestland in districts
RANGELAND
477.315 Definition
for ORS 477.315 to 477.325
477.317 Rangeland
protection associations; organization; assistance from forester
477.320 Request
of rangeland owners for protection; hearings; determination; cooperative
agreements for protection
477.325 Budget
for rangeland protection; collection of costs; disposition of receipts
FIRE WARDENS
477.355 Fire
wardens generally
477.360 Duties
of fire warden for forest protection district
477.365 Duties
and powers of wardens
COOPERATIVE CONTRACTS OR AGREEMENTS
477.406 Cooperative
contracts or agreements for forest protection or forest related activities;
negotiation
477.408 Provisions
of contract or agreement
477.410 Liability
of parties; responsibility for equipment; unemployment insurance and workers’
compensation; sovereign immunity
477.412 Disposition
and use of moneys received by forester under contract or agreement
477.415 Definitions
for ORS 477.440 to 477.460
477.440 Emergency
Fire Cost Committee; members; terms; vacancies
477.445 Distribution
of fire emergency funds by committee
477.450 Election
of committee chairperson
477.455 Meetings
of committee; committee administrator
477.460 Duties
of administrator; compensation and expenses
FIRE PREVENTION
(Fire Seasons)
477.505 State
Forester may declare fire season in district
477.510 Acts
prohibited during fire season
(Permits)
477.515 Permits
required for fires on forestlands; waiver; permit conditions; cooperative
agreements for permit administration; rules
477.520 Refusal,
suspension or revocation of permits
477.532 Regional
air quality authority’s functions limited
(Restricted Uses)
477.535 Forester
may proclaim forestland subject to restricted uses; coordination of state and
federal land restrictions
477.540 Notice
of proclamation; suspension or termination; reinstatement
477.545 Restricted
uses during closure
477.550 Violation
of restrictions; access for fire fighting permitted
(Smoke Management)
477.552 Policy
477.554 Program
establishment; content
477.556 Advisory
committee; membership; terms; staff
477.558 Functions
for advisory committee
477.560 Oregon
Forest Smoke Management Account; moneys paid to account; use
477.562 Registration
fee; rules
SNAGS; SLASHING AND OTHER DEBRIS
477.565 Felling
dead trees and snags; rules
477.580 Determination
of additional fire hazards; notice to landowner; plan for reducing hazard;
release from liability
MACHINERY REGULATIONS
(Enjoining Violations)
477.605 Enjoining
violations of ORS 477.615 and 477.645 to 477.655
477.610 Standardization
of fire-fighting equipment used to protect forestland; rules
(General Regulations)
477.615 Additional
water supply and equipment; rules
477.625 Permit
to use fire or power-driven machinery; exception; conditions; waiver of permit
477.630 Information
in permit
477.635 Authority
to issue, refuse, suspend or revoke permit
(Fire Season Regulations)
477.640 Use
and refueling of power saws
477.645 Internal
combustion engines; rules
477.650 Stationary
internal combustion engines; rules; waiver
477.655 Fire-fighting
tools and equipment at operation area and on trucks; rules
477.660 Additional
protection facilities or services at operation area
477.665 Fire
watch service; rules; waiver
477.670 When
use of fire or power-driven machinery prohibited
MISCELLANEOUS
477.695 Removal
of flammable material from railroad rights of way
477.710 Starting
of campfire or other open fire restricted; exceptions
477.720 Accidentally
setting fire to forestland; failure to prevent spread
477.740 Unlawful
use of fire
477.745 Liability
of parents for costs of suppressing fire caused by minor child
477.747 Policies
and plans for restoration of burned forestland
OREGON FOREST LAND PROTECTION FUND
477.750 Oregon
Forest Land Protection Fund; source; use
477.755 Appropriation
of fund for emergency fire suppression costs; limitation on expenditures
477.760 Reserve
base of fund fixed; annual determination of excess over base; tax levies and
assessments to maintain base
477.770 Rules
relating to use of fund
477.775 Emergency
fire suppression costs insurance; considerations; payment of premium from fund
477.777 Budget
request required for fire insurance and fire suppression resources; report
ASSESSMENT FOR FIRE SUPPRESSION COSTS
477.880 Acreage
assessment; east side forestlands; certain forestlands west of Cascade
Mountains; rate
477.960 Collection
of assessment
477.970 Disposition
of receipts
PENALTIES
477.980 Enforcement
policy; rules; factors considered
477.985 Enforcement
procedure
477.993 Penalties
GENERAL PROVISIONS
477.001 Definitions.
As used in this chapter, unless the context otherwise requires:
(1)
“Additional fire hazard” means a hazard that has been determined to exist by
the forester pursuant to ORS 477.580.
(2)
“Board” means the State Board of Forestry.
(3)
“Campfire” means any open fire used for cooking, personal warmth, lighting,
ceremonial or aesthetic purposes that is hand built and that is not associated
with any debris disposal activities.
(4)
“Department” means the State Forestry Department.
(5)
“District” means a forest protection district organized under ORS 477.225.
(6)
“Every reasonable effort” means the use of the reasonably available personnel
and equipment under the supervision and control of an owner or operator, which
are needed and effective to fight the fire in the judgment of the forester and
which can be brought to bear on the fire in a timely fashion.
(7)
“Fire season” means a period designated pursuant to ORS 477.505.
(8)
“Fiscal year” means the period beginning on July 1 of any year and ending on
June 30 of the next year.
(9)
“Forestland” means any woodland, brushland, timberland, grazing land or
clearing that, during any time of the year, contains enough forest growth,
slashing or vegetation to constitute, in the judgment of the forester, a fire
hazard, regardless of how the land is zoned or taxed. As used in this
subsection, “clearing” means any grassland, improved area, lake, meadow,
mechanically or manually cleared area, road, rocky area, stream or other
similar forestland opening that is surrounded by or contiguous to forestland
and that has been included in areas classified as forestland under ORS 526.305
to 526.370.
(10)
“Forest patrol assessment” means the costs levied and assessed under ORS
477.270.
(11)
“Forest protective association” or “association” means an association, group or
agency composed of owners of forestlands, organized for the purpose of
protecting such forestlands from fire.
(12)
“Forest resource” means the various types of vegetation normally growing on
Oregon’s forestland, the associated harvested products and the associated
residue, including but not limited to brush, grass, logs, saplings, seedlings,
trees and slashing.
(13)
“Forester” means the State Forester or authorized representative.
(14)
“Governing body” of a county means the county court or board of county
commissioners.
(15)
“Grazing land” is defined by ORS 477.205.
(16)
“Open fire” means any outdoor fire that occurs in such a manner that combustion
air is not effectively controlled and combustion products are not effectively
vented through a stack or chimney.
(17)
“Operation” means any industrial activity, any development or any improvement
on forestland inside or within one-eighth of one mile of a forest protection
district, including but not limited to the harvesting of forest tree species,
the clearing of land, the use of power-driven machinery and the use of fire,
excluding, however, the culture and harvesting of agricultural crops.
(18)
“Operation area” means the area on which an operation is being conducted and
the area on which operation activity may have resulted in the ignition of a
fire.
(19)
“Operation in progress” means that time when workers are on an operation area
for the purpose of an operation, including the period of time when fire watches
are required to be on the operation area pursuant to ORS 477.665.
(20)
“Operator” means any person who, either personally or through employees,
agents, representatives or contractors, is carrying on or has carried on any
operation.
(21)
“Owner” means an individual, a combination of individuals, a partnership, a
corporation, the State of Oregon or a political subdivision thereof, or an
association of any nature that holds an ownership interest in land.
(22)
“Political subdivision” includes, but is not limited to, counties, cities and
special districts.
(23)
“Rangeland” is defined by ORS 477.315.
(24)
“Routine road maintenance” is defined by ORS 477.625.
(25)
“Side” means any single unit of a logging operation employing power-driven
machinery.
(26)
“Slashing” means the forest debris or refuse on any forestland resulting from
the cutting, killing, pruning, severing or removal of brush, trees or other
forest growth.
(27)
“State Forester” means the person appointed State Forester pursuant to ORS
526.031 or the person serving in the position on an interim or delegated basis.
(28)
“Summit of the Cascade Mountains” is considered to be a line beginning at the
intersection of the northern boundary of the State of Oregon and the western boundary
of Wasco County; thence southerly along the western boundaries of Wasco,
Jefferson, Deschutes and Klamath Counties to the southern boundary of the State
of Oregon.
(29)
“Timberland” is defined by ORS 477.205.
(30)
“Warden” means a fire warden appointed under ORS 477.355. [1959 c.363 §2
(enacted in lieu of 477.002); 1961 c.603 §1; 1965 c.253 §44; 1967 c.429 §34;
1973 c.46 §1; 1983 c.22 §1; 1985 c.759 §32; 1997 c.274 §1; 1999 c.59 §156; 1999
c.355 §2; 2003 c.54 §3]
477.002
[Amended by 1953 c.68 §19; subsection (2) of 1957 Replacement Part enacted as
1953 c.372 §2; subsection (5) of 1957 Replacement Part enacted as 1953 c.152 §1;
amended by 1955 c.158 §1; repealed by 1959 c.363 §1 (477.001 enacted in lieu of
477.002)]
477.003 [1959
c.363 §20; repealed by 1961 c.351 §1]
477.004
[Repealed by 1965 c.253 §153]
477.005 Policy.
(1) The preservation of the forests and the conservation of the forest
resources through the prevention and suppression of forest fires hereby are
declared to be the public policy of the State of Oregon.
(2)
In order to accomplish the purposes of the policy stated in this section:
(a)
The need for a complete and coordinated forest protection system is
acknowledged and the primary mission of the State Forestry Department in such a
system is protecting forest resources, second only to saving lives. Structural
protection, though indirect, shall not inhibit protection of forest resources;
and
(b)
This chapter shall include all persons and activities designated in this
chapter, irrespective as to whether or not such person or activity is concerned
with the harvesting, cutting, removal or marketing of trees, timber or other
forest products. [Formerly 477.022; 1965 c.253 §45; 1989 c.615 §5]
477.006
[Repealed by 1965 c.253 §153]
477.008
[Amended by 1965 c.253 §87; renumbered 477.360]
477.009 Investigative authority of
Attorney General for fire protection administration.
(1) For the purpose of an investigation as to liability for cost of hazard
abatement, fire abatement or damages under this chapter, the Attorney General,
at the request of the State Forester, may administer oaths and affirmations,
take testimony or depositions and by subpoena compel the:
(a)
Attendance of witnesses;
(b)
Production of documents, including but not limited to writings, drawings,
graphs, charts, photographs, and other data compilations from which information
can be obtained and translated; and
(c)
Production of any other tangible thing that the Attorney General deems relevant
or material to the investigation.
(2)
Each witness subpoenaed under subsection (1) of this section shall receive the
fees and mileage provided in ORS 44.415 (2).
(3)
If a person fails to comply with a subpoena issued or a party or witness
refuses to testify on any matters, the judge of the circuit court of any
county, on the application of the State Forester, shall compel obedience by
proceedings for contempt as in the case of disobedience of the requirements of
a subpoena issued from such court or a refusal to testify therein. [1993 c.697 §6]
477.010
[Repealed by 1965 c.253 §153]
477.012
[Amended by 1965 c.253 §88; renumbered 477.365]
SMOKE MANAGEMENT
477.013 Smoke management plan; rules.
(1) For the purpose of maintaining air quality, the State Forester and the
Department of Environmental Quality shall approve a plan for the purpose of
managing smoke in areas they shall designate. The plan shall delineate
regulated areas to which this section applies. The plan shall also include but
not be limited to considerations of weather, volume of material to be burned,
distance of the burning from designated areas, burning techniques and
provisions for cessation of further burning under adverse air quality
conditions. All burning permitted within the regulated areas shall be according
to the plan. The plan shall be developed by the State Forestry Department in
cooperation with federal and state agencies, landowners and organizations that
will be affected by the plan. The approved plan shall be filed with the
Secretary of State and may thereafter be amended in the same manner as its
formation.
(2)
The State Forester shall promulgate rules to carry out the provisions of the
smoke management plan approved under this section. [1997 c.274 §47; 2007 c.213 §1]
477.014
[Amended by 1965 c.253 §89; renumbered 477.370]
URBAN INTERFACE FIRE PROTECTION
477.015 Definitions.
(1) As used in ORS 477.015 to 477.061, unless the context otherwise requires, “forestland-urban
interface” means a geographic area of forestland inside a forest protection district
where there exists a concentration of structures in an urban or suburban
setting.
(2)
As used in ORS 477.015 to 477.057, unless the context requires otherwise:
(a)
“Committee” means a county forestland-urban interface classification committee.
(b)
“Governing body” means the board of county commissioners or county court of a
county, as the case may be. [1997 c.429 §§3,8]
477.016 [1963
c.107 §8; amended by 1965 c.253 §72; renumbered 477.300]
477.017 Legislative findings, policy and
purpose. (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 natural resources 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. [1997
c.429 §§4,5,7; 2007 c.30 §1]
477.020 [1959
c.408 §§1,2,3,4,5; repealed by 1965 c.253 §153]
477.022 [1953
c.372 §1; 1961 c.603 §2; renumbered 477.005]
477.023 Fire protection system;
integration with existing laws; cooperative agreements.
(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)
Except as provided in paragraph (d) of this subsection, the obligations imposed
by ORS 477.015 to 477.061 do not supersede or replace federal law or
regulation, other state law or 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.
(g)
Compliance with the obligations imposed by ORS 477.015 to 477.061 does not
relieve the owner of land of the requirements of other laws or regulations that
might apply to the 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. [1997
c.429 §6; 2007 c.30 §2]
477.024 [1953
c.372 §3; 1955 c.318 §1; 1965 c.253 §57; renumbered 477.210]
477.025 Classification of lands to reflect
different protection problems. The
Legislative Assembly recognizes that the forestland-urban interface in Oregon
varies by condition, situation, fire hazard and risk, that different
forestland-urban interface fire protection problems exist across the state
because of this variability, that these different problems necessitate varied
fire prevention and protection practices and that, in order to give recognition
to such differences and their effect on the accomplishment of the public policy
stated in ORS 477.023, certain classifications of the forestland-urban
interface within the State of Oregon are established by ORS 477.027 to 477.057.
[1997 c.429 §9]
477.026 [1953
c.372 §4; 1965 c.253 §59; renumbered 477.225]
477.027 Rules for classification of lands.
By administrative rule, the State Board of Forestry shall establish criteria 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. The
criteria shall include not less than three nor more than five classes of
forestland-urban interface. [1997 c.429 §10; 2007 c.30 §3]
477.028 [1953
c.372 §5; 1957 c.83 §6; 1959 c.363 §3; 1963 c.107 §1; repealed by 1965 c.253 §153]
477.029 Local land classification
committee; members; officers; terms; rules. (1)
Pursuant to a request by the State Forester, the governing body of 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 who permanently resides on
the land. Each appointing authority shall file with the 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 State Forester by that authority of written notice of the name
of the new appointee.
(2)
The committee shall elect from among its members a chair and a secretary and
may elect other officers as it finds advisable. 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 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 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 an owner of land within the forestland-urban
interface who permanently resides on the land are added to the 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 an owner of land
within the forestland-urban interface who permanently resides on the land. [1997
c.429 §11; 2007 c.30 §4]
477.030 [1953
c.372 §6; 1959 c.363 §4; 1965 c.253 §60; 1965 c.312 §1; renumbered 477.230]
477.031 Duties of committee.
(1) A county forestland-urban interface classification committee established
under ORS 477.029 shall periodically identify all land to be designated as
forestland-urban interface within the county based on the criteria developed
pursuant to ORS 477.027.
(2)
The committee shall assign all forestland-urban interface forestland identified
under subsection (1) of this section to one of the forestland-urban interface
classes developed pursuant to ORS 477.027.
(3)
Before making final designations and classifications under this section, the
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 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 maps of the proposed
designations and classifications may be inspected. [1997 c.429 §§12,13; 2007
c.30 §5]
477.032
[Renumbered 477.062]
477.033 [1953
c.372 §7; 1955 c.318 §2; 1957 c.83 §7; 1961 c.603 §3; 1963 c.107 §2; 1965 c.253
§69; 1965 c.312 §2; 1965 c.428 §10; renumbered 477.270]
477.034
[Amended by 1953 c.661 §2; renumbered 477.064]
477.035 [1953
c.372 §8; 1965 c.253 §70; 1965 c.312 §3; renumbered 477.285]
477.036
[Amended by 1953 c.661 §2; renumbered 477.066]
477.037 [1953
c.372 §9; 1959 c.363 §5; 1961 c.603 §5; repealed by 1965 c.253 §153]
477.038
[Amended by 1953 c.661 §2; renumbered 477.068]
477.039 [1953
c.372 §10; 1963 c.107 §3; 1965 c.253 §71; renumbered 477.291]
477.040
[Amended by 1953 c.661 §2; renumbered 477.070]
477.041 [1953
c.372 §11; 1965 c.253 §61; renumbered 477.235]
477.042
[Amended by 1953 c.661 §2; renumbered 477.071 and then 477.067]
477.043 [1953
c.372 §§12,16; 1957 c.32 §1; 1965 c.253 §64; renumbered 477.245]
477.044
[Repealed by 1953 c.372 §22]
477.045 [1953
c.372 §13; 1965 c.253 §65; renumbered 477.250]
477.046
[Repealed by 1953 c.372 §22]
477.047 [1953
c.372 §14; 1965 c.253 §66; renumbered 477.255]
477.048 [Repealed
by 1953 c.372 §22]
477.049 [1953
c.372 §15; 1965 c.253 §67; renumbered 477.260]
477.050
[Amended by 1953 c.37 §2; renumbered 477.073]
477.051 [1953
c.372 §17; 1965 c.253 §68; renumbered 477.265]
477.052 Hearings on proposed
classifications. (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 proposed designations and classifications as it
finds to be proper, hold additional hearings as it finds necessary, and
thereafter shall make final designations and classifications.
(2)
All final action by the committee in designating and classifying
forestland-urban interface 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 maps showing the final designations and classifications
made. The original of the order shall be filed with the county clerk of the
county. 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 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. [1997 c.429 §14; 2007 c.30 §6]
477.053 [1953
c.372 §18; 1955 c.318 §3; 1961 c.603 §6; 1965 c.253 §58; renumbered 477.220]
477.054 Appeal of classification
decisions; procedure. (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.
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.
(2)
The appeal shall be tried by the circuit court as an action not triable by
right to a jury. [1997 c.429 §15; 2007 c.30 §7]
477.055 [1953
c.372 §19; repealed by 1965 c.253 §153 and 1965 c.428 §18]
477.056 [1965
c.253 §47 (enacted in lieu of 477.070); 1967 c.429 §57; renumbered 477.120]
477.057 State Forester to classify land if
county fails to act. (1) 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
forestland-urban interface is not made by the county forestland-urban interface
classification committee within a county in which such land is situated
because:
(a)
The governing body of the county fails to establish a county forestland-urban
interface committee within two years after the State Forester makes a request
under ORS 477.029 (1);
(b)
The committee 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 fails to make a designation and classification in a manner
consistent with ORS 477.031 to 477.054.
(2)
Designation and classification by the State Forester 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. [1997 c.429 §16; 2007 c.30 §8]
477.058 [1965
c.253 §49 (enacted in lieu of 477.148); 1967 c.429 §58; renumbered 477.130]
477.059 Obligation of landowner to comply
with standards; rules; certification by landowner; penalty for failure to comply.
(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. [1997 c.429 §17; 2007 c.30 §9]
477.060 Considerations in determining cost
of protection; special or additional costs. (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 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. [1997 c.429 §18; 2001 c.361 §1;
2007 c.30 §10]
477.061 Short title.
ORS 477.015 to 477.061 shall be known as the Oregon Forestland-Urban Interface
Fire Protection Act. [1997 c.429 §2; 2007 c.30 §11]
HAZARD ABATEMENT
477.062 Inadequately protected forestland
declared nuisance; notice to protect; work at expense of owner; collection of
amount expended. (1) All forestland that by
reason of its lack of adequate fire protection endangers life, forest resources
or property is declared to be a public nuisance.
(2)
Whenever the forester learns thereof, the forester may direct the owner or
operator of such forestland to take proper steps for its protection and advise
the owner or operator of means to that end. In case of refusal or neglect by
either to take precautions against fire required by law or when so directed by
the forester in writing, within such time as is specified in the writing, then
the forester may have such work done as the forester considers necessary for
the protection of life, forest resources or property, without the necessity of
court action.
(3)
The cost of work under subsection (2) of this section and the expense of any
patrol rendered necessary by the want of adequate protection of such forestland
shall be recoverable from the offender by an action prosecuted in the name of
the state.
(4)
All moneys collected under this section shall be paid into the State Treasury,
credited to the State Forestry Department Account and expended as other moneys
in that account are expended. [Formerly 477.032; 1965 c.253 §50; 1997 c.274 §2]
FIRE ABATEMENT
477.064 Uncontrolled fire declared
nuisance. Any fire on any forestland in Oregon
burning uncontrolled or without proper action being taken to prevent its
spread, notwithstanding its origin, is declared a public nuisance by reason of
its menace to life, forest resources or property. The spread of fire in
forestland across an ownership boundary is prima facie evidence of fire burning
uncontrolled. [Formerly 477.034; 1997 c.274 §3]
477.066 Duty of owner and operator to
abate fire; abatement by authorities. (1) Each
owner and operator of forestland on which a fire exists or from which it may
have spread, notwithstanding the origin or subsequent spread thereof, shall
immediately proceed to control and extinguish such fire when its existence
comes to the knowledge of the owner or operator, without awaiting instructions
from the forester, and shall continue until the fire is extinguished.
(2)
If the forester determines the fire is either burning uncontrolled or the owner
or operator does not then have readily and immediately available personnel and
equipment to control or extinguish the fire, the forester, or any forest
protective association or agency under contract or agreement with the State
Board of Forestry for the protection of forestland against fire, and within
whose protection area the fire exists, shall summarily abate the nuisance thus
constituted by controlling and extinguishing the fire.
(3)
An owner may request in writing that the forester employ alternate fire
prevention and suppression strategies or techniques on the owner’s forestland.
The forester may employ some or all of the requested strategies or techniques
when, in the judgment of the forester, conditions warrant the use of the
alternate strategies or techniques. [Formerly 477.036; 1961 c.603 §7; 1965
c.253 §51; 1967 c.429 §1; 1983 c.22 §2; 1999 c.355 §3]
477.067 Notice of fire.
For the purpose of ORS 477.066, notification to the owner or operator of the
forestland, is considered sufficient notification to the owner of the existence
of a fire. [Formerly 477.042 and then 477.071]
477.068 Liability for cost of abatement;
interest; lien; foreclosure; attorney fees. (1) In
case an owner or operator fails to perform the duty required by ORS 477.066, or
is willful, malicious or negligent in the origin or subsequent spread of the
fire, the actual cost incurred by the forester or a forest protective
association or agency in controlling or extinguishing the fire shall be paid by
the owner or operator within 90 days after the date on which the first written
demand for payment of the actual cost is mailed by the State Forester to the
owner or operator. If the actual cost is not paid within such 90-day period,
such amount shall bear interest at 10 percent per year from the date on which
the first written demand for the payment of the actual costs was mailed by the
State Forester and the actual cost together with such interest may be recovered
from such owner or operator by an action prosecuted in the name of the State of
Oregon, or such forest protective association or agency, or both.
(2)
An itemized statement of the actual cost incurred by the forester or
association or agency, or both, certified to by the forester, shall be accepted
as prima facie evidence of the actual cost in any proceeding authorized by this
section.
(3)
The actual cost in cases covered by ORS 477.066 shall constitute a general lien
upon the real and personal property of such owner or operator. A written notice
of the lien, containing a description of the property and a statement of the
actual cost, shall be certified under oath by the forester or any warden and
filed in the office of the county clerk of the county in which the lands and
personal property are situated within 12 months after the calendar year within
which the fire originated, and may be foreclosed in the manner provided by law
for foreclosure of liens for labor and material. In any proceeding to foreclose
a lien created under this subsection, recovery for the plaintiff shall include,
in addition to the amount of the actual cost, interest on such amount at the
rate of 10 percent per year from the date of the filing of the written notice
of the lien.
(4)
Upon request of the forester, the district attorney for the district in which
the lands and personal property are situated or the Attorney General shall
prosecute such action or foreclose the lien in the name of the State of Oregon
or such forest protective association or agency, or both. Liens provided for in
this section shall cease to exist unless suit for foreclosure is instituted
within 12 months from the date of filing under subsection (3) of this section.
(5)
In any action under subsection (1) of this section to recover actual cost and
in any proceeding to foreclose any lien created by subsection (3) of this
section, the court shall award, in addition to costs and disbursements,
reasonable attorney fees at trial and on appeal to the prevailing party. [Formerly
477.038; 1955 c.218 §1; 1959 c.363 §6; 1961 c.603 §8; 1965 c.253 §53; 1965
c.428 §§11,12; 1973 c.66 §1; 1981 c.897 §54; 1983 c.22 §3; 1983 c.27 §1; 1997
c.206 §1]
477.069 Negligence in origin and in
failure to control fire may be united in one complaint.
Notwithstanding any other law, in any action authorized by ORS 477.068 to
collect the costs incurred, the plaintiff may unite in the same complaint
causes of action based upon any or all of the grounds therein mentioned. [1957
c.157 §1; 1961 c.603 §9; 1965 c.253 §54]
477.070
[Formerly 477.040; 1955 c.218 §2; 1959 c.363 §7; 1961 c.603 §10; 1963 c.107 §4;
repealed by 1965 c.253 §46 (477.056 enacted in lieu of 477.070)]
477.071
[Formerly 477.042; 1961 c.603 §11; 1965 c.253 §52; renumbered 477.067]
477.072
[Repealed by 1953 c.372 §22]
477.073
[Formerly 477.050; 1957 c.83 §8; repealed by 1965 c.253 §153]
477.074
[Repealed by 1953 c.372 §22]
477.076
[Repealed by 1953 c.372 §22]
477.078
[Repealed by 1953 c.372 §22]
477.080
[Repealed by 1953 c.372 §22]
477.082
[Repealed by 1953 c.372 §22]
477.085 Liability for cost of protecting
land within a forest protection district. Any
person who willfully or negligently sets a fire or causes a fire to be set for
which efforts to control or extinguish the fire in order to protect forestland
within a forest protection district from fire are exerted by the forester or
any forest protective association or agency under contract or agreement with
the State Board of Forestry is liable for the actual costs incurred by the
forester, association or agency in such efforts. The costs shall be recovered
from the person liable therefor in the same manner as costs recovered under ORS
477.068. [1965 c.428 §7; 1967 c.429 §2; 1997 c.274 §3a; 1999 c.355 §4]
477.090 Civil liability; damages.
In addition to the penalties otherwise provided by law, the United States,
state, political subdivision or private owners whose property is injured or
destroyed by fires in violation of ORS 526.041 or this chapter may recover in a
civil action double the amount of damages suffered if the fires occurred
through willfulness, malice or negligence. Persons causing fires by violation
of any of the provisions of the statutes enumerated in this section are liable
in an appropriate action for the full amount of all expenses incurred in
fighting such fires. [Formerly 477.310; 1971 c.743 §384; 1987 c.919 §18]
477.095 Applicability of ORS 477.068,
477.085 and 477.090. (1) An owner of forestland shall
not be subject to the provisions of ORS 477.068 and 477.090, where the origin
or subsequent spread of a fire was the direct result of training activity by
the Oregon National Guard or of any component of the Armed Forces of the United
States.
(2)
Notwithstanding any other law, the Oregon National Guard shall be subject to
the duties, requirements or penalties of ORS 477.068, 477.085 and 477.090,
where the origin or subsequent spread of a fire was the direct result of
training activity by the Oregon National Guard. [1997 c.274 §36]
477.100 Ability of owner to suppress fire;
limitation. (1) The State Forester, or any agency
or organization with responsibility under this chapter to suppress fires, may
not prohibit an owner or the owner’s agent from suppressing a fire occurring on
the owner’s property or that poses a threat to the owner’s property.
(2)
Notwithstanding subsection (1) of this section, the forester, agency or
organization may prohibit an owner or the owner’s agent from suppressing a fire
if the owner or agent conducts the action in a manner that the forester, agency
or organization reasonably determines is likely to increase the risk of injury
or damage to the personnel or equipment of the forester, agency or
organization. [2005 c.802 §4]
477.101 [1959
c.363 §19; 1965 c.253 §135; repealed by 1965 c.428 §§8,18]
477.102
[Repealed by 1953 c.372 §22]
477.104
[Repealed by 1953 c.372 §22]
477.106
[Repealed by 1953 c.372 §22]
477.108
[Repealed by 1953 c.372 §22]
477.110
[Repealed by 1953 c.372 §22]
477.112
[Repealed by 1953 c.372 §22]
477.120 Liability of owner or operator.
(1) Except as provided in subsections (2) and (3) of this section, the owner or
operator of forestland is not subject to the obligations or penalties of ORS
164.335 and 477.740 or 477.064, 477.066 and 477.068 if:
(a)
Forest patrol assessments are regularly paid for the forestland;
(b)
Such forestland is protected pursuant to membership in a forest protective
association in accordance with ORS 477.210, which association has undertaken
the control and suppression of fires on such land as provided in the contract;
or
(c)
Such forestland is protected pursuant to cooperative agreement or contract
under ORS 477.406.
(2)
The provisions of subsection (1) of this section do not apply to such owner or
operator if the owner or operator:
(a)
Is willful, malicious or negligent in the origin or subsequent spread of a fire
on such forestland;
(b)
Has caused or permitted an operation to exist on such forestland and a fire
originates thereon as a result of the operation;
(c)
Has failed to give notice to the forester pursuant to ORS 527.670 (6), has
failed to obtain a permit for the use of fire in any form or power-driven
machinery pursuant to ORS 477.625 or has failed within the time prescribed in
any order or notice issued by the forester to reduce, abate, or offset any
hazard determined to exist pursuant to ORS 477.062 or 477.580 and a fire
originates on or spreads to the area on which such hazard exists and for which
no release has been granted pursuant to ORS 477.580 (3) or (4); or
(d)
Has caused or allowed any burning, including burning regulated by ORS 477.013
or 477.515, whether or not a permit has been obtained and a fire results from
or is caused by such burning.
(3)
Unless subsection (2)(a) or (c) of this section applies, the owner or operator
shall not be obligated to pay that portion of the actual costs provided in ORS
477.068 which are the ordinary costs of the regular personnel and equipment of
the forest protection district wherein the forestland is located.
(4)
If subsection (2)(b) or (d) of this section applies and subsection (2)(a) and
(c) of this section do not apply, the owner or operator shall not be liable to
the forester for fire suppression costs in excess of $300,000.
(5)
The provisions of subsections (3) and (4) of this section do not apply to the
owner or operator if the owner or operator fails to make every reasonable
effort.
(6)
For the purpose of subsection (2)(b) of this section, if a fire originates
while an operation is in progress, there is a presumption, under ORS 40.120,
that the fire originated as a result of the operation. [Formerly 477.056; 1971
c.743 §385; 1973 c.46 §2; 1983 c.22 §4; 1989 c.615 §1; 1997 c.274 §48; 2007
c.847 §2]
477.125 Liability of forest protective
associations, rangeland protection associations and public bodies; limitations.
(1) A forest protective association, rangeland protection association organized
under ORS 477.317 or public body as defined in ORS 174.109, or a person acting
as an agent of a forest protective association, rangeland protection
association or public body, is not liable for any injury to persons or property
resulting from carrying out the provisions of this chapter or while acting
within the scope of a duty imposed by this chapter.
(2)
The exemption from liability provided by subsection (1) of this section does
not apply to any injury to persons or property resulting from willful
misconduct or gross negligence.
(3)
An employee of a forest protective association, or a person acting as an agent
of a forest protective association, is an agent of a public body acting within
the scope of their duties for purposes of ORS 30.260 to 30.300, if the person:
(a)
Engages in fire fighting activities occurring on lands located outside of the
forest protection district in which the association is located; and
(b)
Acts under the direction and control of the forester. [2003 c.54 §2; 2005 c.105
§1; 2007 c.808 §4]
477.128 Expenditures for criminal defense
related to fire suppression activities. (1) As used
in this section, “firefighter” means an employee of the State Forestry
Department or of a forest protective association, as defined in ORS 477.001,
whose duties include the abatement of uncontrolled fire as described in ORS
477.064.
(2)
The State Forester may authorize the expenditure of funds from the State
Forestry Department revolving account to pay costs and reasonable attorney fees
that a firefighter who is charged with a misdemeanor or felony incurs to defend
against that charge if the State Forester determines that:
(a)
The firefighter was performing fire suppression activities under the direction
and control of the State Forester or an authorized representative of the State
Forester at the time of the alleged misdemeanor or felony;
(b)
The alleged actions underlying the charge, if true, are directly related to the
firefighter’s performance of fire suppression activities on forestlands; and
(c)
The fire suppression actions of the firefighter were within the range of
reasonable fire suppression actions.
(3)
This section does not confer any right on a firefighter to hearing or appeal
regarding determinations made by the State Forester under subsection (2) of
this section.
(4)
This section does not authorize the expenditure of moneys to pay costs or
attorney fees incurred on appeal or in seeking post-conviction relief. [2011
c.218 §1]
Note:
477.128 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 477 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
477.130
[Formerly 477.058; 1971 c.743 §386; 1973 c.46 §3; 1997 c.274 §3b; repealed by
1999 c.355 §17]
477.132
[Repealed by 1953 c.375 §38]
477.133 [1953
c.375 §31; 1957 c.309 §10; 1965 c.253 §79; renumbered 477.420]
477.134
[Repealed by 1953 c.375 §38]
477.135 [1953
c.375 §32; 1957 c.309 §11; 1965 c.253 §80; renumbered 477.425]
477.136
[Repealed by 1953 c.375 §38]
477.142 [1963
c.454 §2; 1965 c.253 §73; renumbered 477.315]
477.144 [1963
c.454 §3; 1965 c.253 §74; renumbered 477.320]
477.146 [1963
c.454 §4; 1965 c.253 §75; renumbered 477.325]
477.148 [1963
c.454 §5; repealed by 1965 c.253 §48 (477.058 enacted in lieu of 477.148)]
477.152
[Amended by 1953 c.68 §19; 1955 c.450 §1; 1959 c.363 §8; 1961 c.603 §12; 1963
c.107 §5; repealed by 1965 c.253 §153]
477.154
[Amended by 1953 c.68 §19; 1963 c.107 §6; repealed by 1965 c.253 §153]
477.156
[Amended by 1953 c.68 §19; 1965 c.253 §99; renumbered 477.535]
477.158
[Amended by 1953 c.68 §19; 1957 c.32 §2; 1959 c.363 §9; 1965 c.253 §101;
renumbered 477.545]
477.160
[Amended by 1953 c.68 §19; 1965 c.253 §100; renumbered 477.540]
477.162
[Amended by 1965 c.253 §102; renumbered 477.550]
477.164
[Amended by 1953 c.302 §2; renumbered 476.715]
477.165 [1953
c.68 §14; 1965 c.253 §94; renumbered 477.510]
NORTHWEST WILDLAND FIRE PROTECTION
AGREEMENT
477.175 Definition of “all possible aid”
for agreement. As used in the Northwest Wildland Fire
Protection Agreement as set forth in ORS 477.200, “all possible aid” means the
assistance that a member can provide in response to a request for aid without
materially diminishing the overall fire prevention or protection capabilities
of the member at the time of the request and for the duration of the response
to provide assistance. [1999 c.258 §3]
Note:
477.175 to 477.200 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 477 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
477.180 Ratification of amendment to
agreement; withdrawal if Legislative Assembly fails to ratify amendment.
If the Northwest Wildland Fire Protection Agreement is amended in accordance
with Article IX of the agreement, the Governor shall invoke Article X of the
agreement to withdraw from the agreement until such time as the Legislative
Assembly ratifies the amendment, or during the interim between legislative
sessions, until such time as the State Forester submits the amendment to the
Emergency Board for review. The State Forester shall submit any amendment
reviewed by the Emergency Board to the next Legislative Assembly for
ratification. If the Legislative Assembly does not ratify the amendment prior
to adjournment sine die, the Governor shall immediately invoke Article X of the
agreement to withdraw from the agreement. [1999 c.258 §4]
Note: See
note under 477.175.
477.182
[Amended by 1965 c.253 §111; renumbered 477.645]
477.184
[Amended by 1953 c.68 §19; 1955 c.158 §2; 1965 c.253 §112; renumbered 477.650]
477.185 Use of local fire protection
resources. The Governor shall make reasonable
efforts to use local available fire protection resources within Oregon before
calling on forces from other members of the Northwest Wildland Fire Protection
Agreement. [1999 c.258 §5]
Note: See
note under 477.175.
477.186
[Amended by 1953 c.68 §19; 1955 c.158 §3; 1957 c.32 §3; 1965 c.253 §113;
renumbered 477.655]
477.187 [1953
c.68 §8; 1955 c.158 §4; 1965 c.253 §114; renumbered 477.660]
477.188
[Amended by 1953 c.68 §19; 1955 c.158 §5; 1965 c.253 §115; 1965 c.428 §§13,14;
renumbered 477.665]
477.190 Authority of Governor to carry out
agreement. The Governor may take any action
necessary to carry out the Northwest Wildland Fire Protection Agreement as set
forth in ORS 477.200. The Governor may delegate the authority granted under
this section or ORS 477.180 and 477.185 to the State Forester. [1999 c.258 §6]
Note: See
note under 477.175.
477.195 Ratification of Northwest Wildland
Fire Protection Agreement. (1) The Legislative Assembly of
the State of Oregon hereby ratifies the Northwest Wildland Fire Protection
Agreement set forth in ORS 477.200, and the provisions of such agreement hereby
are declared to be the law of this state upon such agreement becoming effective
as provided in subsection (2) of this section.
(2)
This agreement shall become effective when it has been ratified by one or more
of the states eligible to be parties to this agreement and has been consented
to by the Congress of the United States as required by section 10, Article I of
the Constitution of the United States. [1999 c.258 §1]
Note: See
note under 477.175.
477.200 Northwest Wildland Fire Protection
Agreement. The provisions of the Northwest Wildland
Fire Protection Agreement are as follows:
______________________________________________________________________________
ARTICLE I
The
purpose of this agreement is to promote effective prevention, presuppression
and control of forest fires in the northwest wildland region of the United
States and adjacent areas of Canada by providing mutual aid in prevention,
presuppression and control of wildland fires and by establishing procedures in
operating plans that will facilitate such aid.
ARTICLE II
(1)
This agreement shall become effective for those members ratifying it whenever
any two or more members, the States of Oregon, Washington, Alaska, Idaho,
Montana, the Yukon Territory, the Province of British Columbia or the Province
of Alberta have ratified it, and when consented to by an Act of Congress of the
United States.
(2)
Any state, province or territory not listed in this Article which is contiguous
to any member may become a party to this agreement subject to unanimous
approval of the members.
ARTICLE III
(1)
The role of the members is to determine from time to time such methods,
practices, circumstances and conditions as may be found for enhancing the
prevention, presuppression and control of forest fires in the area comprising
the members’ territory, to coordinate the plans and the work of the appropriate
agencies of the members and to coordinate the rendering of aid by the members
to each other in fighting wildland fires.
(2)
The members may develop cooperative operating plans for the program covered by
this agreement. Operating plans shall include definition of terms, fiscal
procedures, personnel contracts, resources available and standards applicable
to the program. Other sections may be added as necessary.
ARTICLE IV
A
majority of members shall constitute a quorum for the transaction of its
general business. Motions of members present shall be carried by a simple
majority, except as stated in Article II. Each member shall have one vote on
motions brought before the members.
ARTICLE V
Whenever
a member requests aid from any other member in controlling or preventing
wildland fires, the member agrees, to the extent the member possibly can, to
render all possible aid.
ARTICLE VI
(1)
Whenever the forces of any member are aiding another member under this
agreement, the employees of such members shall operate under the direction of
the officers of the member to whom they are rendering aid and be considered
agents of the member they are rendering aid to and, therefore, have the same
privileges and immunities as comparable employees of the member to whom they
are rendering aid.
(2)
No member or its officers or employees rendering aid within another state,
territory or province pursuant to this agreement shall be liable on account of
any act or omission on the part of such forces while so engaged or on account
of maintenance or use of any equipment or supplies in connection therewith to
the extent authorized by the laws of the member receiving the assistance. The
receiving member, to the extent authorized by the laws of the state, territory
or province, agrees to indemnify and save harmless the assisting member from
any such liability.
(3)
Any member rendering outside aid pursuant to this agreement shall be reimbursed
by the member receiving such aid for any loss or damage to, or expense incurred
in the operation of, any equipment and for the cost of all materials,
transportation, wages, salaries and maintenance of personnel and equipment
incurred in connection with such request in accordance with the provisions of
Article V of this agreement. Nothing contained herein shall prevent any
assisting member from assuming such loss, damage, expense or other cost from
lending such equipment or from donating such services to the receiving member
without charge or cost.
(4)
For purposes of this agreement, personnel shall be considered employees of each
sending member for the payment of compensation to injured employees and death
benefits to the representatives of deceased employees injured or killed while
rendering aid to another member pursuant to this agreement.
(5)
The members shall formulate procedures for claims and reimbursement under the
provisions of this Article.
ARTICLE VII
(1)
When appropriations for support of this agreement or for the support of common
services in executing this agreement are needed, costs will be allocated
equally among the members.
(2)
As necessary, members shall keep accurate books of account, showing in full the
members’ receipts and disbursements, and the books of account shall be open at
any reasonable time to the inspection of representatives of the members.
(3)
The members may accept any and all donations, gifts and grants of money,
equipment, supplies, materials and services from the federal or any local
government or any agency thereof and from any person, firm or corporation for
any of its purposes and functions under this agreement and may receive and use
the same subject to the terms, conditions and regulations governing such
donations, gifts and grants.
ARTICLE VIII
(1)
Nothing in this agreement shall be construed to limit or restrict the powers of
any member to provide for the prevention, control and extinguishment of
wildland fires or to prohibit the enactment or enforcement of state,
territorial or provincial laws, rules or regulations intended to aid in such
prevention, control and extinguishment of wildland fires in such state,
territory or province.
(2)
Nothing in this agreement shall be construed to affect any existing or future
cooperative agreement between members or their respective federal agencies.
ARTICLE IX
(1)
The members may request the United States Forest Service to act as the
coordinating agency of the Northwest Wildland Fire Protection Agreement in
cooperation with the appropriate agencies of each member.
(2)
The members will hold an annual meeting to review the terms of this agreement
and any applicable operating plans and make necessary modifications.
(3)
Amendments to this agreement can be made by simple majority vote of the members
and will take effect immediately upon passage.
ARTICLE X
This
agreement shall continue in force on each member until such member takes action
to withdraw therefrom. Such action shall not be effective until 60 days after
notice thereof has been sent to all other members.
ARTICLE XI
Nothing
in this agreement shall obligate the funds of any member beyond those approved
by appropriate legislative action.
______________________________________________________________________________
[1999 c.258 §2; 2003 c.14 §313]
Note: See
note under 477.175.
FOREST PROTECTION DISTRICTS
477.205 Definitions for ORS 477.205 to
477.281. As used in ORS 477.205 to 477.281,
unless the context requires otherwise:
(1)
“Grazing land” means forestland, within a forest protection district, that has
been classified as Class 3, agricultural class, as provided by ORS 526.305 to
526.370.
(2)
“Timberland” means forestland, within a forest protection district, that has
not been classified as Class 3, agricultural class, under ORS 526.305 to
526.370. [1965 c.253 §56]
477.210 Duty of owner to protect
forestland; forester’s duty to provide protection upon noncompliance.
(1) During the season of the year when there is danger of fire, every owner of
forestland shall provide adequate protection against the starting or spread of
fire thereon or therefrom, which protection shall meet with the approval of the
State Board of Forestry.
(2)
Subsection (1) of this section is considered to have been complied with if, on
January 1 of each year, the owner:
(a)
Files with the forester a bona fide forest protection plan that meets with the
approval of the board; or
(b)
Is a member in good standing in a forest protective association maintaining a
standard of protection approved by the board.
(3)
The forester shall make periodic inspections of the protection facilities
provided in order to ascertain compliance by the owner.
(4)
In case any owner of forestland shall fail or neglect to file such a fire plan
or maintain the standard of protection approved by the board, either through
compliance with the fire plan or membership in an approved association, then
the forester under the direction of the board shall provide forest protection
pursuant to ORS 477.205 to 477.281.
(5)
The forester shall provide protection pursuant to ORS 477.205 to 477.281 for
forestland owned by the state or by a political subdivision located within a
forest protection district, unless adequate protection as required by this
section is otherwise provided. [Formerly 477.024; 2003 c.14 §314]
477.212
[Amended by 1953 c.68 §19; 1965 c.253 §104; renumbered 477.615]
477.214
[Repealed by 1953 c.68 §19]
477.215 [1953
c.68 §16; 1965 c.253 §105; renumbered 477.620]
477.216
[Amended by 1953 c.68 §19; repealed by 1957 c.32 §4 (477.217 enacted in lieu of
477.216)]
477.217 [1957
c.32 §5 (enacted in lieu of 477.216); 1959 c.363 §10; 1965 c.253 §117;
renumbered 477.565]
477.218
[Amended by 1953 c.68 §19; 1965 c.253 §103; renumbered 477.605]
477.220 Lands not provided protection;
lands not included within ORS 477.205 to 477.281.
(1) The forester is not required to provide protection for forestland that is
either a small parcel or a tract isolated from a forest protection district and
which land is found by the forester as not practicable to be included in a
forest patrol system.
(2)
ORS 477.205 to 477.281 do not apply to federal grazing land or federal
timberland within this state for which adequate protection is provided unless
the lands have been included within the boundaries of a forest protection
district pursuant to a cooperative agreement with the federal government
approved by the State Board of Forestry.
(3)
Upon written request of the owner of lands that have been incorporated within a
rural fire protection district, the forester shall determine whether the lands,
or any part thereof, are forestland. Thereafter, those lands that have been so
determined shall be included within ORS 477.205 to 477.281 unless excluded
pursuant to subsection (1) of this section. [Formerly 477.053; 2005 c.22 §358]
477.225 Establishment and change of forest
protection districts; rules. The State
Forester, by rule, shall designate areas of forestland within this state as
forest protection districts within which the forester is required to provide
protection pursuant to this chapter. In establishing new boundaries or changes
in boundaries of the districts, the State Forester may, for the purposes of
administrative convenience, designate mountain ranges, rivers, streams, roads
or other recognizable landmarks as boundaries. Boundaries may be established or
changed only after a public hearing. [Formerly 477.026; 1997 c.274 §4]
477.230 Basis for computing cost of
protection provided by forester; costs to be in accordance with budget.
(1) The annual cost of protection provided by the forester for forestland
within a forest protection district shall be as follows:
(a)
Grazing land within the district shall be protected by the forester at a pro
rata cost per acre for all grazing land within the district boundary. However,
forest patrol assessments levied and assessed under ORS 477.270 against such
lands that are not owned by public agencies may not exceed one-half of the pro
rata cost per acre, exclusive of any assessment per acre under ORS 477.880.
(b)
Timberland within the district shall be protected by the forester at a pro rata
cost per acre for all timberland within the district boundary. However, forest
patrol assessments levied and assessed under ORS 477.270 against such lands
that are not owned by public agencies may not exceed one-half of the pro rata
cost per acre, exclusive of any assessment per acre under ORS 477.880.
(2)
The cost of protection described in this section shall be in accordance with a
budget for the district approved by the State Board of Forestry. [Formerly
477.030; 1971 c.60 §1; 1973 c.184 §6; 1977 c.892 §48; 1983 c.16 §1; 1985 c.759 §32a;
1989 c.769 §10; 1997 c.274 §5; 2005 c.22 §359]
477.232 Costs in excess of budget; amounts
not expended. Subject to the forest patrol assessment
limitations set forth in ORS 477.230:
(1)
Actual costs incurred by the forester in the prevention and suppression of fire
on grazing land or timberland located within a forest protection district, in
excess of the amount budgeted as required by ORS 477.230, but not including
those costs eligible for equalization by the Oregon Forest Land Protection
Fund, shall be, without regard to proceedings for the collection of the costs:
(a)
Included in the budget for the next fiscal year; and
(b)
Levied and assessed against the grazing land or timberland in the district.
(2)
Budgeted amounts not expended may be carried forward as a credit to the
assessment rate for the ensuing year. [2005 c.802 §6]
Note:
477.232 was added to and made a part of 477.205 to 477.281 by legislative
action but was not added to any other series. See Preface to Oregon Revised
Statutes for further explanation.
477.235 Forester to prepare tentative
budget estimates for districts. The forester
shall prepare tentative budget estimates for each forest protection district
for the ensuing fiscal year beginning July 1, in a manner consistent with
accounting and budgetary procedures prescribed by the State Board of Forestry. [Formerly
477.041; 1967 c.429 §3]
477.240 Advisory and guidance committees.
In any forest protection district wherein the forester has entered into a
cooperative agreement or contract with a forest protective association or
agency described in ORS 477.406 (1), and the association or agency has
appointed an advisory and guidance committee for the purposes of analysis and
review of the protection plans and budgets for the district, the forester shall
prepare the protection plans and budgets in conjunction with the committee. [1965
c.253 §63]
477.242
[Amended by 1959 c.363 §11; 1965 c.253 §118; renumbered 477.570]
477.244
[Amended by 1953 c.68 §19; 1961 c.123 §2; 1961 c.603 §13; 1965 c.253 §119; 1965
c.428 §§15,16; renumbered 477.575]
477.245 Owners entitled to be heard on
budget matters; public budget meetings to be held in district.
(1) All owners of lands assessed under ORS 477.205 to 477.281 shall have an
opportunity to be heard on matters pertaining to the budgeting of moneys
required to defray the cost of protection in each forest protection district.
The forester, under the direction of the State Board of Forestry, shall provide
for the holding of a public budget meeting in each district on or before May 1
of each year. The meeting shall be held at any convenient place designated by
the forester.
(2)
In forest protection districts wherein the board has entered into cooperative
agreements or contracts with forest protective agencies, the board may make
provision for the holding of the public budget meeting required in subsection
(1) of this section on the same date and at the same place as a regular meeting
of the agency. [Formerly 477.043]
477.246
[Amended by 1965 c.253 §122; renumbered 477.685]
477.248
[Amended by 1965 c.253 §123; renumbered 477.690]
477.250 Notice of budget meeting; notice
of proposed assessment. (1) Not more than four weeks
preceding each budget meeting, the forester shall cause notice of such meeting
to be published once a week for two consecutive weeks in one or more newspapers
published in or having general circulation in each of the counties in the
forest protection district and in such other media of communication as the
forester finds advisable. However, the final publication shall be made at least
one week prior to the date of the meeting. The notice shall state the time and
place where the tentative budget for the district may be inspected and shall
state the time and place of the meeting.
(2)
Whenever the forester determines that any privately owned land should be
subject to assessment for forest protection and such land was not subject to
the assessment during the preceding year, the forester shall give written
notice by mail of the determination to each owner of such land not later than
March 1 of the year the assessment is to be made. The notice shall inform the
owner of the acreage and tax lot number of the lands to be assessed and the
name and address of the nearest representative of the forester the owner may
contact if review of the proposed assessment is desired. The notice shall also
inform the owner of the procedure for hearing and appeals prescribed in ORS
477.205 to 477.281. [Formerly 477.045; 1979 c.276 §1; 1999 c.355 §5]
477.255 Holding of budget meeting;
revision and submission of budget for final approval.
(1) The public budget meeting shall be held at the time and place as stated in
the published notice, or at such other time and place to which the meeting may
be adjourned.
(2)
A member of the State Board of Forestry, or the forester, shall act as
chairperson of the meeting. The forester shall cause the minutes of the meeting
to be preserved as a public record.
(3)
During the meeting the chairperson shall receive from any interested persons
suggestions, advice, objections or remonstrances as to the proposed budget for
that forest protection district. The forester, under the direction of the
board, may make changes in the budget proper and consistent with law, and
thereafter submit the budget for final approval under ORS 477.265. [Formerly
477.047]
477.260 Appeal to board.
(1) Any owner of grazing land or timberland within the boundary of the forest
protection district who is adversely affected by the proposed budget may file
an appeal within 30 days after the date of the public budget meeting.
(2)
Any owner of grazing land or timberland subject to ORS 477.205 to 477.281
shall, upon request, be granted a hearing by the State Board of Forestry on any
subject pertaining to the activities of the forester or board affecting the
land.
(3)
Appeals and hearings shall be conducted by the board in accordance with rules
adopted pursuant to ORS 526.016 (4). [Formerly 477.049; 1997 c.274 §6; 1999
c.355 §6]
477.265 Board to deal with budgets
annually. The State Board of Forestry shall
annually review the forest protection district budgets, make any changes in the
budgets that are proper and consistent with law, and pass final approval on all
district budgets and the prorated acreage rates therein. [Formerly 477.051;
1999 c.355 §7]
477.270 Budgeted cost of forester to be
lien; collection; deposit of amounts collected.
(1) Subject to the forest patrol assessment limitations set forth in ORS
477.230:
(a)
The budgeted cost of the forester, as provided for in ORS 477.205 to 477.281,
in providing protection for privately owned forestland shall be a lien upon
such property, shall be reported by the forester to the governing body of the
county in which the lands are situated on or after July 1 of each fiscal year,
and shall be levied and collected by the governing body with the next taxes on
the land in the same manner and with the same interest, penalty and cost
charges as apply to ad valorem property taxes in this state. The governing body
shall instruct the proper officer to extend the amounts on the assessment roll
in a separate account, and the procedure provided by law for the collection of
taxes and delinquent taxes shall apply. Upon collection thereof, the governing
body shall repay the entire amount collected to the forester.
(b)
In lieu of the procedures under paragraph (a) of this subsection, the forester,
under the direction of the State Board of Forestry, may make direct billing of
the budgeted cost to owners of forestland and receive payment of the cost
therefrom. In the event that under such billing procedures any owners fail to
make payment, the unpaid budgeted cost shall become a lien against the property
so billed and shall be levied and collected with the next taxes on such
property as described in paragraph (a) of this subsection.
(c)
The budgeted cost of the forester in providing protection for forestland owned
by the state or by a political subdivision shall be paid to the forester on or
before the first day of January of the fiscal year for which such protection is
to be provided.
(2)
Except as provided in ORS 477.230 (2), all moneys received by the forester
pursuant to this section shall be paid into the State Treasury, credited to the
State Forestry Department Account and used exclusively for the purposes of ORS
477.205 to 477.281. [Formerly 477.033; 1983 c.16 §2; 1999 c.355 §8]
477.272
[Repealed by 1953 c.152 §10]
477.274
[Repealed by 1953 c.152 §10]
477.275 [1981
c.321 §14; 1983 c.109 §1; repealed by 1989 c.769 §6]
477.276
[Repealed by 1953 c.152 §10]
477.277 Additional assessment to maintain
unencumbered balance of Oregon Forest Land Protection Fund.
(1) In addition to any other assessment prescribed by ORS 477.205 to 477.281,
in any fiscal year in which the Emergency Fire Cost Committee determines
pursuant to ORS 477.760 that the unencumbered balance of the Oregon Forest Land
Protection Fund is less than $22.5 million, a surcharge shall be levied and
assessed in the amount of $47.50 for each improved lot or parcel, except as
provided in ORS 477.760, to defray the increased cost of fire suppression on
forestland that is caused by the existence of the improvements.
(2)
All surcharge moneys collected pursuant to this section shall be paid into the
Oregon Forest Land Protection Fund.
(3)
If an owner of forestland files a forest protection plan with the forester
which is approved by the State Board of Forestry under ORS 477.210 (2), the
owner shall not be required to pay the surcharge levied under subsection (1) of
this section.
(4)
Contiguous lots included in a combined lot that is described in ORS 477.295
(3)(a) and whose owner has made application to the forester under ORS 477.295
(4) are considered one lot for purposes of subsection (1) of this section.
(5)
As used in this section, a lot or parcel is “improved” if it is indicated as
improved in the county assessor’s property classification files or if a manufactured
dwelling is sited on the lot or parcel. [1989 c.769 §3; 1991 c.639 §2; 1993
c.430 §1; 2003 c.685 §§1,6; 2005 c.802 §7; 2007 c.779 §2]
477.278
[Repealed by 1953 c.152 §10]
477.280
[Repealed by 1953 c.152 §10]
477.281 Limitation on obligation of landowner
for fire protection. (1) The obligation of an owner
of timberland or grazing land for payment of assessments and taxes for fire
protection of forestland is limited to:
(a)
The payment of moneys pursuant to ORS 321.015 (2), 477.277, 477.295, 477.760
(4) and 477.880 to maintain the Oregon Forest Land Protection Fund; and
(b)
The payment of forest protection district assessments pursuant to ORS 477.060
and 477.205 to 477.281.
(2)
As used in this section, “obligation of an owner of timberland or grazing land
for payment of assessments and taxes for fire protection of forestland” does
not include the duties or obligations of the owner under ORS 477.066, 477.068
or 477.120 or the obligations of an owner of land included in a rural fire
protection district pursuant to ORS 478.010. [1989 c.769 §9; 1991 c.639 §3;
1997 c.206 §2; 1999 c.59 §157; 2003 c.685 §§2,7; 2005 c.802 §8; 2009 c.69 §1]
477.282 [1953
c.152 §2; 1965 c.253 §116; renumbered 477.670]
477.284 [1953
c.152 §3; repealed by 1965 c.253 §153]
477.285
[Formerly 477.035; repealed by 1989 c.769 §6]
477.286 [1953
c.152 §4; 1965 c.253 §106; renumbered 477.625]
477.288 [1953
c.152 §5; 1965 c.253 §109; renumbered 477.635]
477.290 [1961
c.603 §14; 1965 c.253 §110; renumbered 477.640]
477.291
[Formerly 477.039; repealed by 1999 c.355 §17]
477.295 Minimum assessment under ORS
477.270; combining lots; fees; rules. (1) For
purposes of making the levy and assessment of costs against forestland under
ORS 477.270, the minimum cost to provide fire protection or suppression for any
lot or parcel of real property separately assessed for ad valorem taxes or
other taxes provided by law in lieu thereof, on the current assessment roll
shall be not less than $18.75, except as provided in ORS 477.760. Three dollars
and seventy-five cents of each minimum assessment shall be paid into the Oregon
Forest Land Protection Fund. Otherwise, such assessments shall be determined
under ORS 477.230 and 477.270.
(2)
In any fiscal year in which the Emergency Fire Cost Committee determines
pursuant to ORS 477.760 that the unencumbered balance of the Oregon Forest Land
Protection Fund has:
(a)
Increased to an amount:
(A)
More than $22.5 million but less than or equal to $30 million, the minimum
assessment referred to in subsection (1) of this section shall be $16.88 for
each lot or parcel. Of that amount, $1.88 of each minimum assessment shall be
paid into the Oregon Forest Land Protection Fund.
(B)
More than $30 million, the minimum assessment referred to in subsection (1) of
this section shall be $15 for each lot or parcel. This amount shall be treated
in the same manner as assessments under ORS 477.230 and 477.270.
(b)
Decreased to an amount that is at or below $22.5 million, the minimum
assessment referred to in subsection (1) of this section shall be $18.75 for
each lot or parcel. This amount shall be treated in the same manner as
assessments under subsection (1) of this section.
(3)
Upon application to the forester under subsection (4) of this section,
contiguous lots held under identical ownership shall be considered as one
combined lot for purposes of subsection (1) of this section. However, the
following may not be included in a combined lot:
(a)
Except as provided in this paragraph, a lot on which a structure has been
placed or improvements made for the purpose of erecting any temporary or
permanent structure. One lot on which a single-family dwelling has been placed,
and lots on which the structures and improvements that are appurtenant to that
single-family dwelling have been placed, may be included in a combined lot that
does not exceed 20 acres.
(b)
A lot that is in a subdivision containing lots that have been or are being
offered for sale.
(c)
A lot that is not designated forest or agricultural land for the purpose of
land use or special tax assessment purposes.
(4)
To qualify under subsection (3) of this section, an owner of forestland shall
make application to the forester no later than April 15 of the fiscal year
preceding each fiscal year for which the owner desires the land to be assessed
under subsection (3) of this section. The application shall be on a form
prescribed by the State Forester. A fee of $25 per combined lot shall be paid
to the forester at the time of first application for the combined lot. An
additional fee of $25 per combined lot shall be paid to the forester at the
time of subsequent application, if an application for the combined lot was not
made for the previous fiscal year.
(5)
The State Board of Forestry may adopt rules for the administration of the
provisions of subsections (3) and (4) of this section.
(6)
For the purposes of this section, “lot” and “subdivision” have the meanings
given those terms in ORS 92.010. [1965 c.428 §6; 1969 c.204 §1; 1977 c.153 §1;
1977 c.892 §49; 1981 c.321 §13; 1983 c.108 §1; 1989 c.769 §7; 1991 c.623 §1;
1991 c.639 §4; 1997 c.274 §7; 1999 c.355 §9; 2003 c.685 §§3,8; 2005 c.802 §§9,10;
2007 c.779 §3]
477.300 Use of funds in State Forestry
Department Account for capital outlay expenditures of district.
(1) Moneys available at any time in the State Forestry Department Account for
the purposes of this chapter, particularly ORS 477.205 to 477.281, which moneys
are not specifically obligated for other purposes, may be used by the forester
with the approval of the State Board of Forestry for capital outlay
expenditures in any forest protection district. Prior to the making of such
capital outlay expenditures, the forester and board may specify that the
account shall be reimbursed for all or a part of such expenditures, over a
period not to exceed 10 years, from any one or a combination of the following
sources:
(a)
Forest patrol assessments of the district involved.
(b)
Moneys derived from an association under ORS 477.406.
(c)
Moneys derived from municipal, county, state or federal agencies under this
chapter, for the protection of their forestland from fire.
(2)
Any reimbursement of capital outlay expenditures required by the forester and
board under subsection (1) of this section shall be a pro rata amount from the
source or sources involved, based upon forestland acreage being protected in
the district for which the expenditures are made. [Formerly 477.016]
477.302
[Amended by 1965 c.253 §126; renumbered 477.705]
477.304
[Amended by 1965 c.253 §127; renumbered 477.710]
477.305 Forester to enforce prohibition
against littering on forestland in districts. The
forester is authorized to enforce the provisions of ORS 164.805 insofar as such
affects forestland within forest protection districts established under this
chapter. [1965 c.428 §2; 1971 c.743 §387]
477.306
[Amended by 1965 c.253 §132; renumbered 477.730]
477.308
[Amended by 1965 c.253 §133; renumbered 477.735]
477.310
[Amended by 1959 c.363 §12; 1965 c.253 §134; renumbered 477.090]
477.312
[Amended by 1959 c.363 §13; repealed by 1965 c.253 §153]
477.314
[Repealed by 1965 c.253 §153]
RANGELAND
477.315 Definition for ORS 477.315 to
477.325. As used in ORS 477.315 to 477.325, “rangeland”
means any land:
(1)
That is located in that part of the state lying easterly of the summit of the
Cascade Mountains;
(2)
That has not been classified as Class 1, Class 2 or Class 3 forestland under
ORS 526.305 to 526.370; and
(3)
That contains isolated tracts of forestland not so classified or not within a
forest protection district, or that is primarily rangeland, undeveloped land or
undeveloped area containing sagebrush, juniper and similar growths. [Formerly
477.142; 2003 c.14 §315]
477.317 Rangeland protection associations;
organization; assistance from forester. (1) Any group
of owners of rangeland that is within a rangeland protection system established
under ORS 477.320, and that lies wholly outside any forest protection district,
may organize a rangeland protection association for the purpose of protecting
the rangeland from fire. The forester may enter into cooperative agreements or
contracts with a rangeland protection association under the provisions of ORS
477.320 for the purpose of providing the assistance specified in subsection (2)
of this section.
(2)
The forester may assist a rangeland protection association with organizing the
association, training association members and acquiring firefighting equipment
for the association. The forester may also assist a rangeland protection association
with payment for liability insurance and other administrative expenses of the
association, which may not exceed 50 percent of the total of budgeted operating
costs and the cash equivalent of in-kind supplies and services of the
association in any fiscal year. The costs of assistance specified in this
subsection may not be paid from funds assessed from forestland owners under ORS
477.230. [2007 c.808 §2]
477.320 Request of rangeland owners for
protection; hearings; determination; cooperative agreements for protection.
(1) Owners of rangeland may request the State Board of Forestry to hold a
hearing on the subject of providing protection from fire for rangeland. Upon
receipt of such request, the board or its authorized representative shall hold
one or more public hearings in order to receive from interested persons
information relating to the providing of such protection, and shall cause
public notice of the time and place of each hearing to be given. The board or
its authorized representatives shall keep the records of the proceedings of
such hearings as public records.
(2)
After the hearing referred to in subsection (1) of this section, the board
shall determine whether the rangeland should be included within a protection
system. If the board determines that rangeland should be included in a
rangeland protection system, the board, in cooperation with interested persons,
shall establish the extent and type of protection to be provided and direct the
forester or a rangeland protection association organized under ORS 477.317 to
provide the protection. Such protection shall be commensurate with the values
and uses of the rangeland to be protected.
(3)
After proceedings under subsections (1) and (2) of this section, the forester
or a rangeland protection association organized under ORS 477.317 shall provide
the type and extent of protection determined under subsection (2) of this
section for rangeland determined to be included within a protection system
under subsection (2) of this section. For the purpose of providing such
protection, the forester and a rangeland protection association may enter into
cooperative agreements or contracts with each other or, jointly or separately,
with owners of rangeland, individuals, associations, corporations, road districts,
rural fire protection districts or agencies of the federal government. [Formerly
477.144; 1999 c.355 §10; 2007 c.808 §5]
477.325 Budget for rangeland protection;
collection of costs; disposition of receipts. (1)
Before June 1 each year, the owners of rangeland to be protected under ORS
477.320, including all rangeland protection associations organized under ORS
477.317, shall prepare in cooperation with the State Board of Forestry or its
authorized representative, and submit to the board, a proposed budget for the
fiscal year beginning on the next succeeding July 1. The budget shall include
the proposed cost of such protection. At the meeting of the board under ORS
477.265, the board shall review the budget, make any changes therein that are
proper and consistent with law, and pass final approval thereon.
(2)
The cost of protection of rangeland under ORS 477.317 and 477.320 shall be in
accordance with the budget approved under subsection (1) of this section. The
cost shall be collected pursuant to the cooperative agreement or contract
entered into between the forester and the owners of the rangeland under ORS
477.320. All moneys received by the board pursuant to this subsection shall be
paid into the State Treasury and credited to the State Forestry Department
Account and shall be used exclusively for the purposes of ORS 477.315 to
477.325. [Formerly 477.146; 1999 c.355 §11; 2007 c.808 §3]
FIRE WARDENS
477.355 Fire wardens generally.
(1) The State Forester shall appoint one or more district fire wardens for each
forest protection district.
(2)
The State Forester shall appoint such additional fire wardens as are needed to
enforce this chapter. [1965 c.253 §86; 1997 c.274 §8]
477.360 Duties of fire warden for forest
protection district. The district fire warden, under
the direction of the State Forester, has charge of the fire prevention and
suppression system in the forest protection district of the warden and such
other duties as are required by law and the rules of the State Board of
Forestry. Any other wardens serving in the district are subject to the
direction of the district fire warden. [Formerly 477.008; 1999 c.355 §12]
477.365 Duties and powers of wardens.
(1) Under instructions from the forester as to their exercise of state
authority, all wardens shall:
(a)
Take proper steps for the prevention and extinguishment of fires within the
localities in which they exercise their functions.
(b)
Control the use of fire for clearing land during fire season, as provided by
ORS 477.505 to 477.520.
(c)
Make such reports of their work and conditions within their localities as may
be requested by the forester.
(d)
Have the power of peace officers to make arrests or issue citations pursuant to
ORS 477.985 for violation of this chapter or rules or orders adopted pursuant
thereto.
(e)
Enter upon the lands of any owner only in the discharge of their fire
prevention and suppression duties, provided that in so entering they exercise
due care to avoid doing damage.
(f)
Investigate the causes of fires and may secure a fire origin area, at any time,
for the purpose of preserving evidence and conducting an investigation
pertinent to this chapter and control, restrict or prohibit access by any
unauthorized person so long as is reasonably necessary in the judgment of the
warden.
(g)
Make a written determination, on a form prescribed by the State Forester, of
the personnel and equipment reasonably available to an owner or operator who is
required to make every reasonable effort pursuant to ORS 477.120 (5) and revise
such determination as frequently as is necessary in the judgment of the warden.
(h)
Make a written determination, on a form prescribed by the State Forester, of
the use of any power-driven machinery in any operation pursuant to ORS 477.670
and revise such determination as frequently as is necessary in the judgment of
the warden.
(2)
The forester, or any warden coming under the jurisdiction of the forester, may
administer oaths in investigations of violations of this chapter and the
preparation of reports thereon. [Formerly 477.012; 1971 c.743 §388; 1993 c.697 §4;
1997 c.274 §9; 2003 c.14 §316]
477.370
[Formerly 477.014; 1987 c.158 §104; repealed by 1997 c.274 §55]
477.375 [1965
c.253 §91; repealed by 1997 c.274 §55]
COOPERATIVE CONTRACTS
OR AGREEMENTS
477.405 [1965
c.253 §77; repealed by 1967 c.429 §23 (477.406 enacted in lieu of 477.405)]
477.406 Cooperative contracts or
agreements for forest protection or forest related activities; negotiation.
(1) The forester and a forest protective association may enter into a contract
or agreement with each other or, jointly or separately, with a federal or state
agency, political subdivision, corporation, responsible organization or
responsible landowner or group of landowners for the prevention and suppression
of fire on forestland or on land other than forestland, or both, to prevent and
suppress fire.
(2)
Contracts and agreements under subsection (1) of this section, and all renewals
and revisions thereof, must be negotiated in accordance with procedures specified
by rules of the State Board of Forestry.
(3)
The forester and a forest protective association may enter into a contract or
agreement for the accomplishment of forestry related activities.
(4)
Contracts and agreements between the forester and a forest protective
association under subsections (1) and (2) of this section may include the
purchase from the forester of supplies and equipment needed to provide and
support fire protection services. [1967 c.429 §24 (enacted in lieu of 477.405);
1969 c.204 §2; 1993 c.415 §1; 1999 c.355 §13]
477.408 Provisions of contract or agreement.
Contracts or agreements under ORS 477.406 may provide, among other things, for
any or all of the parties to do any one or more of the following:
(1)
Exchange services on a cooperative basis.
(2)
Provide services, supplies and equipment in return for cash payment or other
compensation.
(3)
Loan or lease equipment.
(4)
Subcontract obligations. [1967 c.429 §26; 1993 c.415 §2]
477.410 Liability of parties;
responsibility for equipment; unemployment insurance and workers’ compensation;
sovereign immunity. (1) Unless otherwise provided in
a contract or agreement, and except as provided in subsection (2) of this
section:
(a)
A party to a contract or agreement under ORS 477.406, who is performing
services for the benefit of another party, is not liable for injury or damages
to persons or property inflicted by the actions of such other party.
(b)
If equipment is loaned or leased pursuant to a contract or agreement under ORS
477.406, the party to have primary use of the equipment under the contract or
agreement is responsible for any and all damages or loss to such equipment or
for insuring the equipment against loss or damage in a manner acceptable to the
party owning the equipment.
(c)
If the services of personnel are involved pursuant to a contract or agreement
under ORS 477.406, the party to have primary control over such personnel under
the contract or agreement shall provide such unemployment insurance and workers’
compensation coverage as may be required by law.
(2)
Nothing in ORS 477.406 to 477.412 or in any contract or agreement under ORS
477.406 constitutes a waiver by the State of Oregon of its immunity from suit
under section 24, Article IV of the Oregon Constitution, in addition to any
waiver otherwise provided by law. [1967 c.429 §27]
477.412 Disposition and use of moneys
received by forester under contract or agreement.
All money received by the forester pursuant to a contract or agreement
described in ORS 477.406 shall be paid into the State Treasury, credited to the
State Forestry Department Account and used pursuant to law for the purposes of
the contract or agreement. [1967 c.429 §28]
477.415 Definitions for ORS 477.440 to
477.460. The definitions in ORS 321.005 apply to
ORS 477.440 to 477.460. [1965 c.253 §78; 1967 c.429 §35; 1981 c.321 §8]
477.420
[Formerly 477.133; repealed by 1967 c.429 §61]
477.425
[Formerly 477.135; 1967 c.429 §13; 1977 c.182 §2; repealed by 1981 c.321 §12]
477.430 [1965
c.253 §82; 1967 c.429 §5; repealed by 1981 c.321 §12]
477.440 Emergency Fire Cost Committee; members;
terms; vacancies. (1) The State Board of Forestry
shall appoint an Emergency Fire Cost Committee consisting of four members, who
shall be forest landowners or representatives of forest landowners whose
forestland is being assessed for forest fire protection within a forest
protection district. At least one member shall be selected from each forest
region of the state. Members shall serve at the pleasure of the board.
(2)
Members of the Emergency Fire Cost Committee shall be appointed by the board
for four-year terms. Appointments under this subsection shall be made by the
board within 60 days after July 21, 1987. If there is a vacancy for any cause,
the board shall make an appointment to become immediately effective for the
unexpired term. [Formerly 527.280; 1983 c.759 §12; 1987 c.919 §19]
477.445 Distribution of fire emergency
funds by committee. The committee shall supervise
and control the distribution of funds from the Oregon Forest Land Protection
Fund established under ORS 477.750. [Formerly 527.282; 1967 c.429 §6; 1981
c.321 §7]
477.450 Election of committee chairperson.
After July 1, 1961, the committee shall meet and elect one of its members
chairperson. The chairperson shall hold office for a period determined by the
committee. Whenever the office of chairperson of the committee becomes vacant,
the committee at its next regular or special meeting shall elect one of its
members to fill the vacancy. [Formerly 527.288]
477.455 Meetings of committee; committee
administrator. (1) Regular meetings of the committee
shall be held quarterly prior to the day set for meetings of the State Board of
Forestry, as otherwise provided by law. Special meetings of the committee may
be called by its chairperson or by three members. The act or decision of any
three members shall be deemed the act or decision of the committee.
(2)
A staff member of the State Forestry Department shall be designated by the
State Forester to serve as administrator for the committee. [Formerly 527.296;
1987 c.919 §21; 1991 c.639 §9]
477.460 Duties of administrator; compensation
and expenses. (1) The administrator shall act as
secretary of the committee and shall carry out the provisions of ORS 477.440 to
477.460 in such manner as the committee shall direct. The salary and other
expenses of the administrator shall be paid from the Oregon Forest Land
Protection Fund as are other expenses of the committee.
(2)
Members of the committee are entitled to compensation and expenses as provided
in ORS 292.495. [Formerly 527.292; 1969 c.314 §51; 1981 c.321 §6; 1987 c.919 §22]
FIRE PREVENTION
(Fire Seasons)
477.505 State Forester may declare fire
season in district. (1) When conditions of fire
hazard exist in a forest protection district or any part thereof, the State
Forester may designate for that district or any part thereof the date of the
beginning of a fire season for that year. The fire season shall continue for
that district or part thereof until ended by order of the State Forester when
conditions of fire hazard no longer exist in that district or part thereof.
(2)
The State Forester may, during the same year and for the same district under
circumstances similar to those described in subsection (1) of this section,
designate one or more subsequent fire seasons. [1965 c.253 §93; 1969 c.204 §3;
1997 c.274 §10]
477.510 Acts prohibited during fire
season. It is unlawful, during a fire season
inside or within one-eighth of one mile of a forest protection district, to:
(1)
Smoke while working in or traveling through any operation area.
(2)
Use fuse and caps for blasting unless approval is granted by the forester. [Formerly
477.165; 1997 c.274 §11]
(Permits)
477.515 Permits required for fires on forestlands;
waiver; permit conditions; cooperative agreements for permit administration;
rules. (1) It is unlawful to set or cause to
be set an open fire inside or within one-eighth of one mile of a forest
protection district, either on one’s own land or on the land of another,
without first securing a written permit for burning from the forester and
complying with the conditions of the permit. In granting permits for burning:
(a)
The forester may waive the requirement that permits be secured prior to burning,
except during a fire season or when required under rules adopted pursuant to
subsection (4) of this section.
(b)
The forester shall prescribe conditions necessary to be observed in setting a
fire and preventing it from spreading out of control.
(c)
The forester may prescribe conditions necessary to be observed in maintaining
air quality.
(2)
Any permit obtained through willful misrepresentation is void.
(3)
To avoid confusion or duplication of administration and to promote government
efficiency, the forester may enter into a cooperative agreement with a county,
a city or a rural fire protection district that:
(a)
Allows the forester to administer the requirements of this section, in
conjunction with the enforcement authority of ORS 477.980 to 477.993, on lands
not otherwise subject to the requirements of this chapter; or
(b)
Allows the cooperating agency to administer the burning permit requirements of
ORS chapter 476 or 478, as appropriate, including applicable enforcement
authority, on lands otherwise subject to the requirements of this chapter.
(4)
All burning allowed under this section shall comply with applicable rules that
may be adopted by the State Board of Forestry and the Department of
Environmental Quality.
(5)
The provisions of this section do not apply to campfires. [1965 c.253 §95; 1969
c.204 §204; 1969 c.680 §1; 1971 c.297 §1; 1997 c.274 §12; 1999 c.355 §14]
477.520 Refusal, suspension or revocation
of permits. The forester may refuse, suspend or
revoke a permit authorized by or issued under ORS 477.515 (1), when necessary
in the judgment of the forester to prevent danger to life, health, forest
resources or property. The forester may also refuse, suspend or revoke a permit
authorized by or issued under ORS 477.515 (1), when necessary in the judgment
of the forester, and after consultation with the Environmental Quality
Commission to prevent air pollution, as defined in ORS 468A.005. [1965 c.253 §96;
1969 c.680 §2; 1997 c.274 §13]
477.525 [1965
c.253 §97; repealed by 1967 c.429 §14 (477.526 enacted in lieu of 477.525)]
477.526 [1967
c.429 §15 (enacted in lieu of 477.525); repealed by 1969 c.204 §8]
477.530 [1965
c.253 §98; repealed by 1997 c.274 §55]
477.532 Regional air quality authority’s
functions limited. None of the functions of the
Environmental Quality Commission under ORS 477.013, 477.515 and 477.520 shall
be performed by any regional air quality authority established pursuant to ORS
468A.105. [1969 c.680 §5; 1997 c.274 §49]
(Restricted Uses)
477.535 Forester may proclaim forestland
subject to restricted uses; coordination of state and federal land
restrictions. (1) If the forester determines that any
forestland inside or within one-eighth of one mile of a forest protection
district is particularly exposed to fire danger, by proclamation the forester
may designate such forestland as an extra fire hazard and may restrict the use
of such forestland.
(2)
The proclamation shall designate the area to which and the period during which
the restrictions apply, and require that the area be subject to use only upon
the condition that entrants comply with all the restrictions for the area.
(3)
The proclamation shall designate the type of closure as:
(a)
Regulated closure;
(b)
Permit closure; or
(c)
Absolute closure.
(4)
For the purpose of consistency and coordination between all affected agencies
in the administration of forestland restrictions, a plan shall be developed by
the forester, in cooperation with federal, state and local governmental
agencies, landowners and organizations affected by the restrictions. The
primary objective of the plan is uniformity of regulations regardless of land
ownership. The plan must recognize variation in fire danger and must specify
levels of closure by unique but easily recognizable geographic boundaries. [Formerly
477.156; 1967 c.429 §45; 1989 c.615 §3; 1997 c.274 §14]
477.540 Notice of proclamation; suspension
or termination; reinstatement. (1) The
forester shall cause a notice of the closure proclaimed under ORS 477.535 to be
posted in conspicuous locations that are in or near the designated areas. The
forester shall cause a notice of each proclamation to be published in at least
one newspaper published in each forest protection district containing the
designated areas. Each published notice shall describe the area, type,
restrictions and effective date of closure, and the manner in which permits may
be secured if the area is subject to a permit closure.
(2)
The proclamation shall remain in force until the time designated therein
expires or until the forester finds that the restricted use is no longer
requisite and by order suspends or terminates it. A reinstatement of a closure
after a suspension does not require the notices described in subsection (1) of
this section. [Formerly 477.160; 1967 c.429 §46; 1969 c.204 §5; 1997 c.274 §15;
1999 c.355 §15]
477.545 Restricted uses during closure.
(1) Regulated closures require entrants into designated areas to comply with
the requirements set forth in the proclamation under ORS 477.535, which requirements
in the judgment of the forester are necessary to prevent danger to life, forest
resources or property.
(2)
Permit closures make the area subject to entry only through permit issued by
the forester. The permit shall contain requirements which in the judgment of
the forester are necessary to prevent danger to life, forest resources or
property. The forester may, during periods of fire hazard conditions, refuse,
suspend, revoke or restrict such permits.
(3)
Absolute closures restrict the areas to all forms of use and shall be
designated only during periods of extreme fire hazard conditions endangering
life, forest resources or property. [Formerly 477.158; 1967 c.429 §47; 1969
c.204 §6; 1997 c.274 §16]
477.550 Violation of restrictions; access
for fire fighting permitted. (1) Except as
provided in subsection (2) of this section, it is unlawful to enter any
restricted area except in compliance with ORS 477.535 and 477.545, or to
violate any of the requirements or restrictions under such sections.
(2)
Nothing in this section applies to an owner’s right of entry upon the land of
the owner or prohibits free access to any area by anyone for the sole purpose
of preventing or extinguishing fires. [Formerly 477.162; 1967 c.429 §48]
(Smoke Management)
477.552 Policy.
It is the policy of the State of Oregon:
(1)
To improve the management of prescribed burning as a forest management and
protection practice; and
(2)
To minimize emissions from prescribed burning consistent with the air quality
objectives of the federal Clean Air Act and the State of Oregon Clean Air Act
Implementation Plan developed by the Department of Environmental Quality under
ORS 468A.035. [1989 c.920 §2]
477.554 Program establishment; content.
(1) With the advice and assistance of the advisory committee established under
ORS 477.556, and subject to the review of the State Board of Forestry, the
State Forester shall adopt and implement programs for meeting the objectives
set forth in ORS 477.013 and 477.552 to 477.562. The programs shall include:
(a)
Collection, analysis and distribution of information regarding prescribed
burning and other alternative fuel management techniques;
(b)
Assistance to landowners wanting to evaluate alternative burning and nonburning
fuel management strategies and the collection of data regarding fuel conditions
existing before and after treatment;
(c)
Aerial monitoring of prescribed burning activity;
(d)
Distribution of information to the Department of Environmental Quality on
progress toward meeting federal and state air quality standards;
(e)
Establishment of a system to track forest burning on a geographically specific
basis; and
(f)
Collection, analysis and distribution of information regarding emissions from
wildfires for comparison with prescribed burning.
(2)
The programs shall be administered by the State Forestry Department. [1989
c.920 §3; 1997 c.274 §50; 2007 c.213 §2]
477.556 Advisory committee; membership;
terms; staff. (1) An advisory committee shall be
created by the State Forester to advise and assist the State Forester in
carrying out the programs required by ORS 477.013, 477.515 and 477.552 to
477.562. The advisory committee shall consist of five members as set forth in
subsections (2) and (3) of this section.
(2)
The following three members shall be appointed by the State Forester:
(a)
One member representing a nonindustrial forest landowner;
(b)
One member representing an industrial forest landowner; and
(c)
One member representing the public.
(3)
In addition to the members designated in subsection (2) of this section,
representatives of the following federal agencies shall be invited to serve as
members of the advisory committee:
(a)
A representative of the United States Forest Service.
(b)
A representative of the United States Bureau of Land Management.
(4)
Each member of the advisory committee shall serve for a term of two years.
(5)
Members of the advisory committee are entitled to compensation as provided in
ORS 292.495.
(6)
A vacancy for any cause occurring before the expiration of a term shall be
filled for the unexpired term by a person appointed by the State Forester.
(7)
A staff member of the State Forestry Department shall be designated by the
State Forester to serve as secretary for the committee. [1989 c.920 §4; 1997
c.274 §51]
477.558 Functions for advisory committee.
The advisory committee created under ORS 477.556 shall:
(1)
Advise the State Forestry Department in collecting information about prescribed
burning operations; and
(2)
Advise the State Forestry Department on the collection, analysis and
distribution of information required under ORS 477.554. [1989 c.920 §5; 2007
c.213 §3]
477.560 Oregon Forest Smoke Management
Account; moneys paid to account; use. (1) The
Oregon Forest Smoke Management Account is established separate and distinct
from the General Fund in the State Treasury.
(2)
The following moneys shall be credited to the Oregon Forest Smoke Management
Account:
(a)
Nonrefundable registration fees received by the State Forestry Department for Class
1 forestland under ORS 526.324 to be burned west of the summit of the Cascade
Mountains, not including Hood River County.
(b)
Fees received by the State Forester for Class 1 forestland under ORS 526.324
treated by a prescription burn method under ORS 477.515 (1) west of the summit
of the Cascade Mountains, not including Hood River County.
(c)
Fees for federal forestland included within the regulated area under ORS
477.013 to be treated by any prescription burn method subject to the provisions
of the State of Oregon Clean Air Act Implementation Plan and the federal Clean
Air Act received by the State Forester.
(3)
The moneys in the Oregon Forest Smoke Management Account are appropriated
continuously for and shall be used by the State Forester exclusively for the
administration of the smoke management program approved under ORS 477.013 and
477.554. [1989 c.920 §7; 1997 c.274 §52; 2007 c.213 §4]
477.562 Registration fee; rules.
(1) The State Forestry Department shall collect a nonrefundable registration
fee for Class 1 forestland under ORS 526.324 to be burned west of the summit of
the Cascade Mountains, not including Hood River County.
(2)
Any owner of Class 1 forestland under ORS 526.324 and any agency managing Class
1 forestland under ORS 526.324 lying within the regulated area as described in
the plan required under ORS 477.013 shall register with the State Forester, in
accordance with rules adopted by the State Forester, the number of acres to be
burned prior to December 31 of the same year.
(3)
The State Forester shall establish by rule the amount of fees to be collected
under this section. The fees may not exceed:
(a)
Fifty cents per acre for registration.
(b)
$5 per acre for forestland classified as Class 1 under ORS 526.324 that has
been treated by any prescription burn method authorized by the issuance of a
permit under ORS 477.515 (1).
(4)
Federal lands included within the regulated area under the provision of the
smoke management plan approved under ORS 477.013 shall also be subject to the
fees authorized under subsection (3) of this section for forestland to be
treated by any prescription burn method subject to the provisions of the State
of Oregon Clean Air Act Implementation Plan and the federal Clean Air Act.
(5)
The State Forester may establish a minimum fee per billing, combining the fees
in subsections (1) and (3) of this section. The combined minimum fee may not
exceed $30.
(6)
In order to efficiently collect fees established by this section, the State
Forester is authorized to enter into contracts or agreements with a federal
land management agency, a person or a public body as defined in ORS 174.109.
Such a contract or agreement may provide for payment methods such as estimated
annual payments with periodic adjustment to ensure the recovery of actual fees
due, or semiannual or quarterly consolidated billings.
(7)
Notwithstanding ORS 291.238, moneys collected under this section shall be
deposited in the Oregon Forest Smoke Management Account established under ORS
477.560. [1989 c.920 §8; 1991 c.919 §15a; 1997 c.274 §53; 2007 c.213 §5]
SNAGS; SLASHING
AND OTHER DEBRIS
477.565 Felling dead trees and snags;
rules. (1) In an operation area on forestland
inside or within one-eighth of one mile of a forest protection district:
(a)
If power-driven machinery is used at any location to load and assemble forest
products, the operator shall fell all dead trees and snags of such size and
within such distance of the equipment as may be required by rules promulgated
by the State Forester.
(b)
On forestland west of the summit of the Cascade Mountains, the operator shall
fell all dead trees and snags within the operation area of such size, at such
times and in such manner as may be required by rules promulgated by the State
Forester.
(2)
Rules promulgated under this section shall prescribe such felling as reasonably
is necessary to prevent the spread of fire. [Formerly 477.217; 1967 c.429 §49;
1997 c.274 §17]
477.570
[Formerly 477.242; repealed by 1973 c.46 §8]
477.575
[Formerly 477.244; 1969 c.680 §3; 1973 c.46 §4; repealed by 1987 c.154 §1]
477.580 Determination of additional fire
hazards; notice to landowner; plan for reducing hazard; release from liability.
(1) Following the issuance of a permit pursuant to ORS 477.625, and after
slashing has been created in an operation area inside or within one-eighth of
one mile of a forest protection district, the forester may make a determination
if such slashing and debris exists on the operation area in sufficient quantity
and arrangement as to constitute an additional fire hazard that endangers life,
forest resources or property, and if such area is in need of additional work or
protection to reduce, abate or offset the additional fire hazard. Whenever
practical, the forester shall make the determination referred to in this
subsection during the administration and enforcement of the Oregon Forest
Practices Act.
(2)
If the forester determines that an additional fire hazard exists on the
operation area sufficient to endanger life, forest resources or property, and
that such area is in need of additional work or protection to reduce, abate or
offset the additional fire hazard, the forester shall so notify the landowner
and operator or their representatives in writing of such determination.
Pursuant to rules promulgated by the State Forester, the notice to the
landowner or operator shall contain provisions for offsetting the additional
fire hazard by burning, improvements, extra protection or other means. The
notice shall also specify a reasonable time for completion of the provisions
contained therein.
(3)
When the forester finds that the provisions set forth in subsection (2) of this
section have been complied with or that the additional hazard has been, in the
opinion of the forester, sufficiently reduced by other means to offset the
hazard, the forester shall immediately issue to the operator or landowner a
release from all obligations imposed by ORS 477.120 (2)(c).
(4)
If the forester determines that an additional fire hazard exists, the forester
shall, at the request of the owner or operator, with the approval of the owner,
grant a release upon payment by the owner or operator of such sum of money as
the forester finds necessary to provide additional protection or means
necessary to reduce or offset the additional hazard created by such slashing
and other debris. In no event may this sum exceed the lesser of:
(a)
$6 for each 1,000 board feet of timber harvested in an operation;
(b)
The forester’s estimated cost of reducing or providing other means to offset
the additional hazard; or
(c)
$10 for each acre in a stand improvement operation where no timber is
harvested.
(5)
Moneys received under subsection (4) of this section shall be placed in the
State Treasury, credited to the State Forestry Department Account and used
exclusively for the purposes of forest protection within the district.
(6)
Any owner of forestland may make written request to the forester to assume all
obligations for the disposal or reduction of any additional fire hazard determined
to exist thereon. If the forester then determines that the owner can comply
with such obligation, the forester shall immediately issue to all other persons
involved a written release of such obligations.
(7)
Any order or determination made by the forester pursuant to this section is
final unless modified or vacated in an appeal to the State Board of Forestry
taken within 30 days after issuance of the order. [1965 c.253 §121; 1965 c.428 §16;
1967 c.429 §54; 1973 c.46 §5; 1975 c.74 §1; 1979 c.222 §1; 1997 c.274 §18; 2003
c.14 §317]
477.585 [1967
c.429 §56; repealed by 1973 c.46 §8]
MACHINERY REGULATIONS
(Enjoining Violations)
477.605 Enjoining violations of ORS 477.615
and 477.645 to 477.655. Any person violating any
provisions of ORS 477.615 and 477.645 to 477.655 may be enjoined in an
appropriate judicial proceeding from the further use of such equipment until
the person complies with these sections. [Formerly 477.218; 1997 c.274 §19]
477.610 Standardization of fire-fighting
equipment used to protect forestland; rules. (1)
Notwithstanding any other law, the State Forester, in cooperation with other
forest protection associations and agencies, shall carry on a continuous
program for the standardization of equipment used for the protection of forestland
from fire, and may issue rules, with the approval of the State Board of
Forestry, for such standardization where it is the finding of the forester and
board that such standardization is economically feasible.
(2)
The provisions of ORS 476.410 to 476.440 shall not apply to equipment used for
the protection of forestland from fire. [1965 c.76 §§2,3; 1999 c.355 §16]
(General Regulations)
477.615 Additional water supply and
equipment; rules. (1) During a fire season inside
or within one-eighth of one mile of a forest protection district, when, in the
judgment of the forester, an operation is of sufficient size or so planned and
operated as to justify additional protection from fire, the owner or operator,
when so directed by the forester in writing, shall provide, within such time as
is specified in the writing, additional water supply and equipment for use in
fire suppression that is in conformity with rules promulgated by the State
Forester.
(2)
All such equipment shall be kept in constant readiness for instant use in
fighting forest fires. However, nothing in this section prohibits the use of
the equipment by the operator for sprinkling roads or other uses within the
operation area.
(3)
Rules promulgated under this section shall prescribe such water supply and
equipment as reasonably are necessary to provide immediate and effective
suppression of fires on forestland and may provide for the use of alternate
methods and equipment. [Formerly 477.212; 1967 c.429 §17; 1995 c.605 §2; 1997
c.274 §20]
477.620
[Formerly 477.215; repealed by 1995 c.605 §1]
477.625 Permit to use fire or power-driven
machinery; exception; conditions; waiver of permit.
(1) Every person conducting an operation inside or within one-eighth of one
mile of a forest protection district that uses fire in any form or power-driven
machinery shall first obtain from the forester a written permit, which shall
require that the holder of the permit:
(a)
Take reasonable precautions that in the judgment of the forester are necessary
in the use of fire and power-driven machinery to prevent the spread of fire on
or from an operation area.
(b)
Designate a representative authorized to act on all matters having to do with
fire control, which representatives shall be available at all times by direct
means of communication with the forester.
(c)
If operating west of the summit of the Cascade Mountains, close down any part
or all of the operation during any period of time when notified that, in the
judgment of the forester, conditions exist as described in ORS 477.670.
(2)
Routine road maintenance is excepted from the requirement to obtain a permit to
operate power-driven machinery under this section. As used in this subsection “routine
road maintenance” means grading, cleaning ditches, culvert cleaning, spot
rocking or mechanical brushing along the roadside to maintain visibility.
(3)(a)
The forester may waive the requirement to obtain a written permit under this
section when in the judgment of the forester the operation will not constitute
a fire hazard sufficient to justify the requirement.
(b)
Waiver of the requirement to obtain a written permit under this section does
not relieve the owner and operator of the responsibility for complying with
other applicable duties, requirements or penalties of this chapter. [Formerly
477.286; 1991 c.634 §1; 1997 c.274 §21]
477.627 [1975
c.185 §3; repealed by 1975 c.185 §6]
477.630 Information in permit.
(1) Each permit issued under ORS 477.625 shall include:
(a)
The legal description of the area upon which any operation is to be conducted,
or an alternate description of the area permitted by the forester;
(b)
The name and address of the operator and owner; and
(c)
Any other information considered by the forester to be necessary for the
administration of the rules promulgated under this chapter.
(2)
The information required in subsection (1) of this section shall be provided by
the operator or owner, prior to issuance of the permit by the forester. [1965
c.253 §108; 1975 c.185 §1; 1997 c.274 §22]
477.635 Authority to issue, refuse, suspend
or revoke permit. The forester may issue the
permits required in ORS 477.625 and suspend or revoke such permits because of
violation of the terms thereof or noncompliance with this chapter. The forester
shall refuse to issue a permit to any person for the conduct of an operation
when, in the judgment of the forester, an excessive amount of forest debris in
and around the operation area results in an extreme fire hazard that endangers
life, forest resources or property. [Formerly 477.288; 1997 c.274 §23]
(Fire Season Regulations)
477.640 Use and refueling of power saws.
During a fire season, every person using, operating or fueling a saw powered by
an internal combustion engine inside or within one-eighth of one mile of a
forest protection district shall comply with the rules of the State Forester
relating thereto, promulgated for the prevention and suppression of fire. [Formerly
477.290; 1997 c.274 §24]
477.645 Internal combustion engines;
rules. (1) During a fire season every person
operating an internal combustion engine inside or within one-eighth of one mile
of a forest protection district shall equip and maintain the engine in
conformity with rules promulgated by the State Forester. These rules shall
prescribe such equipment as reasonably is necessary to prevent the escape of
fire from such an engine.
(2)
Escape of fire from any engine described in this section is prima facie
evidence that it has not been equipped and maintained adequately in compliance
with rules promulgated under this section. [Formerly 477.182; 1967 c.429 §18;
1997 c.274 §25]
477.650 Stationary internal combustion
engines; rules; waiver. (1) During a fire season every
person operating a stationary internal combustion engine inside or within one-eighth
of one mile of a forest protection district shall provide at each engine on an
operation area a water supply, and equipment for its use in fire suppression,
in conformity with rules promulgated by the State Forester. These rules shall
prescribe such water supply and equipment as reasonably are necessary to
prevent the spread of fire and may provide for the use of alternate methods and
equipment.
(2)
When a person has equipped one engine as required by subsection (1) of this
section, any additional engines operated by the person within 150 feet of the
equipped engine shall be exempt from the requirements of subsection (1) of this
section.
(3)
For the purposes of this section, an internal combustion engine shall be
considered stationary if it is operated for a period of more than two days
exclusively at one location in an operation area.
(4)
The forester in writing may waive any requirement of this section when an
operation will not constitute a fire hazard sufficient to justify the
requirement. [Formerly 477.184; 1967 c.429 §19; 1997 c.274 §26]
477.655 Fire-fighting tools and equipment
at operation area and on trucks; rules. During a fire
season inside or within one-eighth of one mile of a forest protection district:
(1)
Every person conducting an operation shall provide and maintain, at the
operation area or at a location designated by the forester, fire-fighting tools
that are in conformity with rules promulgated by the State Forester. The tools
shall be used only for fighting fire and for no other purpose.
(2)
Each internal combustion engine used in an operation area shall be equipped
with fire-fighting tools and equipment that are in conformity with rules
promulgated by the State Forester.
(3)
All trucks driven over roads through forestland, excepting county roads and
state highways, shall be equipped with fire-fighting tools and equipment that
are in conformity with rules promulgated by the State Forester.
(4)
For purposes of this section, the rules promulgated by the State Forester:
(a)
Shall prescribe such type and number of tools and equipment for extinguishing
fires as reasonably are necessary to suppress fires, and the manner of storing
such tools when not in use.
(b)
May provide for the use of alternate methods, tools and equipment.
(5)
The tools and equipment prescribed by these rules shall be kept in constant
repair and readiness for instant use. [Formerly 477.186; 1967 c.429 §20; 1997
c.274 §27]
477.660 Additional protection facilities
or services at operation area. During a fire
season when in the judgment of the forester any operation inside or within
one-eighth of one mile of a forest protection district has a fire hazard
requiring additional protection, the operator shall provide such other
facilities or services as the forester by written notice may direct. [Formerly
477.187; 1967 c.429 §21; 1997 c.274 §28]
477.665 Fire watch service; rules; waiver.
(1) During a fire season inside or within one-eighth of one mile of a forest
protection district, every operator using power-driven machinery in an
operation area shall provide fire watch service on the operation area. The fire
watch service shall consist of not less than one competent person, who shall be
constantly on duty at times prescribed by rules promulgated by the State Forester.
These rules shall require fire watch service at such times and at such places
as the spread of fire on or from the operation area to forestland reasonably
may be expected.
(2)
The forester may modify or waive, in writing, any requirement of this section
as to any operation whenever the fire hazard is not sufficient to justify the
requirement. [Formerly 477.188; 1967 c.429 §22; 1969 c.204 §7; 1997 c.274 §29;
1999 c.59 §158]
477.670 When use of fire or power-driven
machinery prohibited. During a fire season inside or
within one-eighth of one mile of a forest protection district situated west of
the summit of the Cascade Mountains, if the forestland in such district, or any
part thereof, is susceptible in the judgment of the forester to damage by fire,
the forester shall issue notice to that effect. Thereafter the use of fire in
any form by any person in any operation area or the use of power-driven
machinery for any operation, is unlawful unless approved by the forester.
Approval shall be granted only when in the judgment of the forester the
activity will not constitute a fire hazard sufficient to justify the
requirement. [Formerly 477.282; 1993 c.415 §3; 1997 c.274 §30]
477.685
[Formerly 477.246; repealed by 1995 c.605 §1]
477.690
[Formerly 477.248; repealed by 1995 c.605 §1]
MISCELLANEOUS
477.695 Removal of flammable material from
railroad rights of way. (1) Every person operating a
railroad of any kind in this state inside or within one-eighth of one mile of a
forest protection district shall annually or more often, if so ordered in
writing by the forester, in a manner and to an extent ordered by the forester,
destroy or remove all flammable growth and flammable material from the right of
way of the railroad. All burning done to comply with this section must be in
accordance with ORS 477.505 to 477.520 and 477.625.
(2)
The forester shall allow a reasonable period of time for compliance with this
order. [1965 c.253 §125; 1971 c.562 §1; 1997 c.274 §31]
477.705
[Formerly 477.302; repealed by 1983 c.327 §16]
477.710 Starting of campfire or other open
fire restricted; exceptions. It is
unlawful for any person to start a campfire or other open fire without first
clearing the area immediately around and above it of material that will carry
fire, or leave a campfire or other open fire unattended, or permit a campfire
or other open fire to spread. This section does not apply to any activity
conducted in compliance with ORS 477.365, 477.515, 477.625, 478.960, 526.041,
526.360 or 527.670. [Formerly 477.304; 1967 c.429 §50; 1993 c.430 §2; 1997
c.274 §32]
477.715 [1965
c.253 §129; repealed by 1971 c.743 §432]
477.720 Accidentally setting fire to
forestland; failure to prevent spread. (1) It is
unlawful, having accidentally set fire to any forestland, or any place from
which fire may be communicated to forestland, to fail to extinguish the fire or
use every possible effort so to do.
(2)
It is unlawful, having built a fire on or near forestland, through carelessness
or neglect to permit the fire to spread to or through the forestland. [1965
c.253 §130]
477.730
[Formerly 477.306; repealed by 1971 c.743 §432]
477.735
[Formerly 477.308; 1971 c.743 §389; repealed by 1987 c.905 §37]
477.740 Unlawful use of fire.
A person commits the offense of unlawful use of fire if the person:
(1)
In the ignition of a fire:
(a)
Unlawfully sets on fire, or causes to be set on fire, any grass, grain, stubble
or other material being or growing on any lands within the state;
(b)
Intentionally or negligently allows fire to escape from the person’s own land,
or land of which the person is in possession or control; or
(c)
Accidentally sets any fire on the person’s own land or the land of another and
allows it to escape from control without extinguishing it, or making a bona
fide effort to do so.
(2)
Having knowledge of a fire burning on the person’s own land, or land of which
the person is in possession or control, fails or neglects to make a bona fide
effort to extinguish the same, regardless of whether or not the person is
responsible for the starting or existence thereof. [1971 c.743 §307; 1993 c.697
§7; 1997 c.274 §33]
477.745 Liability of parents for costs of
suppressing fire caused by minor child. (1) In
addition to any other remedy provided by law, the parent or parents of an
unemancipated minor child shall be liable for costs incurred by the forester in
suppressing fires on forestland caused by such minor child. However, a parent
who is not entitled to legal custody of the minor child at the time of the fire
shall not be liable for such damages.
(2)
The legal obligation of the parent or parents of an unemancipated minor child
to pay damages under this section shall be limited to not more than $5,000
payable to the forester for one or more acts.
(3)
When an action is brought under this section on parental responsibility for
acts of their children, the parents shall be named as defendants therein and,
in addition, the minor child shall be named as a defendant. The filing of an
answer by the parents shall remove any requirement that a guardian ad litem be
required.
(4)
Nothing in subsections (1) to (3) of this section applies to:
(a)
Foster parents.
(b)
Parents who have filed a petition for the unemancipated minor child under ORS
419B.809. [1995 c.605 §6; 2001 c.622 §52]
477.747 Policies and plans for restoration
of burned forestland. The State Forestry Department,
the State Parks and Recreation Department, the State Department of Fish and
Wildlife, the Department of State Lands and any other state agency with oversight
responsibilities for state forestlands shall promote the effective use of state
resources by adopting and implementing policies and management plans to begin
efforts to restore and recover forestlands burned by fire so that social,
economic and environmental values are not lost due to delay. These agencies
shall coordinate, to the extent needed, to promote the efficient use of state
resources in developing their fire restoration and recovery policies and plans.
The Oregon Department of Administrative Services may assist state agencies
under this section in developing contract and other procedures to expedite
restoration and recovery efforts. The Oregon Department of Administrative
Services shall provide appropriate contracting assistance and exceptions as may
be necessary to expedite restoration and recovery efforts. [2003 c.456 §1]
Note:
477.747 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 477 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
OREGON FOREST LAND
PROTECTION FUND
477.750 Oregon Forest Land Protection
Fund; source; use. (1) The Oregon Forest Land
Protection Fund is created, separate and distinct from the General Fund. This fund
shall be held by the State Treasurer as a trust fund for the uses and purposes
provided in ORS 477.750 to 477.775 and 477.880. The State Treasurer shall
deposit and invest moneys in the fund as provided by law, taking into account
its uses and purposes. Interest earned by the fund shall be credited to the
fund.
(2)
Notwithstanding any other law and as limited by ORS 477.750 to 477.775 and
477.880, that part of the suspense account created by ORS 321.145 that is
derived from the tax levied by ORS 321.015 (2) after refunds and other costs
permitted by law, shall be credited to the Oregon Forest Land Protection Fund. [1969
c.524 §2; 1983 c.16 §3; 1985 c.759 §33; 1989 c.769 §12; 1989 c.966 §57]
477.755 Appropriation of fund for
emergency fire suppression costs; limitation on expenditures.
(1) Notwithstanding ORS 291.238, the moneys in the Oregon Forest Land
Protection Fund are appropriated continuously to the Emergency Fire Cost
Committee and shall be used for equalizing emergency fire suppression costs for
safeguarding forestland in any forest protection district, and for necessary
administrative expenses. However, such administrative expenses may not exceed
the limit authorized by the Legislative Assembly each biennium.
(2)
Notwithstanding any other provision of law, the annual expenditure from the
Oregon Forest Land Protection Fund from revenues received from ORS 321.015 (2),
477.277 (1), 477.295 (1) and (2), 477.750 (1) and (2), 477.760 (4) and 477.880
(2) may not exceed $10 million.
(3)
As used in this section, “annual expenditure” means the expenses of the Oregon
Forest Land Protection Fund obligated in any 12-month period designated by the
Emergency Fire Cost Committee by rule that corresponds to the policy period of
any insurance for emergency fire costs. [1969 c.524 §3; 1989 c.23 §1; 1991
c.639 §5; 2003 c.685 §§4,9; 2005 c.802 §§11,12]
477.760 Reserve base of fund fixed; annual
determination of excess over base; tax levies and assessments to maintain base.
(1) The reserve base of the Oregon Forest Land Protection Fund is $22.5
million. On or about the last day of February of each year the Emergency Fire
Cost Committee shall meet and determine the unencumbered balance of the fund as
of the preceding February 16.
(2)
In order to maintain the reserve base of the fund at $22.5 million, the
Emergency Fire Cost Committee may request and the State Treasurer may approve
transfers to the fund in accordance with ORS 293.205 to 293.225, if the moneys
in this fund fall below the reserve base, whether or not there are sufficient
moneys in the fund to pay the obligations of the fund. Repayment of any such
transfers shall be made from moneys paid into the fund pursuant to ORS 321.015
(2), 477.277 and 477.880 and from such other moneys as may be credited to the fund
therefor.
(3)
If the committee determines that the moneys in the fund exceed:
(a)
The reserve base, and that no repayment obligations are outstanding from
transfers made pursuant to subsection (2) of this section, then the Department
of Revenue shall reduce the taxes described in ORS 321.015 (2) by 50 percent
for the following calendar year and the surcharge for each improved lot or
parcel described in ORS 477.277 and the assessments described in ORS 477.880
shall be reduced by 50 percent for the following fiscal year.
(b)
$30 million, and that no repayment obligations are outstanding from transfers
made pursuant to subsection (2) of this section, then the Department of Revenue
may not collect the taxes described in ORS 321.015 (2) for the following calendar
year and the surcharge for each improved lot or parcel described in ORS 477.277
and the assessments described in ORS 477.880 may not be collected until the
calendar year or fiscal year following the determination of the committee that
the unencumbered balance in the fund is less than or equal to $22.5 million.
(4)(a)
Notwithstanding any other provision of law, if the funds referred to in
subsection (2) of this section are inadequate to cover repayment of transfers
from the State Treasurer or from other sources, the State Forester shall
increase the following taxes, assessments and charges in an amount adequate to
ensure repayment of the transfers, and any interest accrued thereon, allowing
for contingencies in valuation, assessment and collection:
(A)
The harvest tax referred to in ORS 321.015 (2).
(B)
The surcharge on developed lots referred to in ORS 477.277.
(C)
The minimum assessment referred to in ORS 477.295.
(D)
The acreage assessments referred to in ORS 477.880 (2).
(b)
The increases to taxes, assessments and charges shall be apportioned based upon
the proportionate levels of revenues received from each source by the Oregon
Forest Land Protection Fund. Any such increases shall be computed on or before
January 1 of each year, and shall be based upon revenues received during the
previous four quarters. Any such increases shall be made in the appropriate
calendar or fiscal year following that in which the requested transfers from
the State Treasurer or from other sources are made. [1969 c.524 §4; 1985 c.158 §1;
1985 c.759 §34; 1989 c.769 §4; 1991 c.639 §6; 1993 c.653 §21; 2003 c.685 §§5,10;
2005 c.802 §§13,14]
477.765 [1969
c.524 §5; repealed by 1985 c.759 §40]
477.770 Rules relating to use of fund.
The Emergency Fire Cost Committee shall promulgate rules relating to the
disposition of moneys from the Oregon Forest Land Protection Fund. Under such
rules the committee may require that prior to the payment of moneys from the
fund the forest protection district expend an amount for emergency fire
suppression not to exceed a per acre amount determined to be 10 percent of the
total budgeted amount of all districts as set forth in ORS 477.220 to 477.415
divided by the total protected acres of all districts. However, any such amount
per acre shall apply uniformly to each forest protection district. [1969 c.524 §6;
1977 c.182 §3; 1981 c.321 §5; 2007 c.847 §3]
477.775 Emergency fire suppression costs
insurance; considerations; payment of premium from fund.
(1) Prior to February 1 of each year, the Emergency Fire Cost Committee and the
forester shall consult regarding the purchase of emergency fire suppression
costs insurance and the level of coverage to purchase for the fire season of
that year.
(2)
In determining whether the purchase of insurance is advisable, the forester and
the committee shall consider:
(a)
The cost, coverage and deductible of insurance available from private insurance
carriers;
(b)
The funding available for fire suppression from the Oregon Forest Land
Protection Fund and other sources;
(c)
The current condition of forests;
(d)
Long-term weather predictions;
(e)
Available fire fighting resources; and
(f)
Available funds for the purchase of insurance.
(3)
If the committee and the forester agree to purchase insurance, the forester
shall purchase insurance through the Oregon Department of Administrative
Services to cover any lawful expense incurred by the State Forestry Department,
or contractors or cooperators, that is payable by the Oregon Forest Land
Protection Fund. The insurance may be obtained through negotiation or
competitive bids, whichever is in the best interest of the state, its
contractors and cooperators.
(4)
The Oregon Forest Land Protection Fund may not be charged for payment of more
than one-half of any premium for the insurance. [1969 c.524 §10; 1985 c.158 §2;
1989 c.91 §1; 1989 c.769 §11; 1991 c.639 §7; 2005 c.802 §15]
477.777 Budget request required for fire
insurance and fire suppression resources; report.
(1) As part of the preparation of the budget forms submitted to the Oregon
Department of Administrative Services pursuant to ORS 291.208 for the State
Forestry Department, the State Forester shall prepare, in addition to any
amounts budgeted for forest protection districts pursuant to ORS 477.205 to
477.281, a budget request for a General Fund appropriation that may be used for
any or all of the following:
(a)
Providing funds for the purchase of insurance under ORS 477.775.
(b)
Placement of centrally managed fire suppression resources for statewide use.
(c)
Acquisition of fast-mobilizing, short-term contingency resources to be used
based on predictions of unusually severe fire weather, widespread lightning
events or serious resource shortage due to a heavy fire season.
(d)
Enhancement of forest protection district resources in limited cases where land
productivity or other economic factors seriously limit the protection district’s
ability to provide adequate funding to meet performance standards.
(2)
The State Forester shall utilize critical discretion in the expenditure of the
funds provided to the State Forestry Department pursuant to the separate budget
request required under subsection (1) of this section.
(3)
The State Forester shall report to the Emergency Board, each year, after the
close of the fire season, on:
(a)
The nature and severity of the fire season;
(b)
The moneys expended on fire suppression;
(c)
The rationale for the expenditures; and
(d)
The balance remaining from the biennial appropriation. [2005 c.802 §2]
477.780 [1969
c.524 §14; repealed by 1985 c.759 §40]
477.805 [1967
c.429 §37; repealed by 1985 c.759 §40]
477.810 [1961
c.689 §2; 1965 c.253 §145; repealed by 1967 c.429 §61]
477.820 [1961
c.689 §3; 1967 c.429 §39; repealed by 1985 c.759 §40]
477.830 [1961
c.689 §§4,5(3); 1969 c.524 §11; 1977 c.182 §4; 1981 c.321 §2; repealed by 1985
c.759 §40]
477.840 [1961
c.689 §5(1),(2); repealed by 1969 c.524 §15]
477.850 [1961
c.689 §6; repealed by 1985 c.759 §40]
ASSESSMENT FOR FIRE SUPPRESSION COSTS
477.880 Acreage assessment; east side
forestlands; certain forestlands west of Cascade Mountains; rate.
(1) An assessment for the cost of fire protection and suppression is levied
upon the owners of all forestland that has been classified under ORS 526.305 to
526.370 and that is protected from the start or spread of fire thereon or
therefrom by:
(a)
The forester under ORS 477.210 (4), with the approval of the State Board of
Forestry;
(b)
The United States of America through contract or agreement with the forester or
board;
(c)
Any forest protective agency under contract or agreement with the forester or
board pursuant to ORS 477.406; or
(d)
Any forest protective agency, described in paragraph (c) of this subsection,
under a contract or agreement with the United States of America wherein such
agency agrees to protect specific federal forestlands, and in return, the
United States of America agrees to protect specific lands of such agency.
(2)
Except as otherwise provided in ORS 477.760, for each fiscal year the
assessment levied per acre of ownership of forestland designated in subsection
(1) of this section shall be:
(a)
Seven and one-half cents for all forestlands east of the summit of the Cascade
Mountains and all forestlands which have been classified Class 3, agricultural
class, under ORS 526.305 to 526.370; or
(b)
Five cents for all forestlands not described in paragraph (a) of this
subsection. [1969 c.524 §§7,8; 1981 c.321 §3; 1985 c.759 §35; 1989 c.769 §5;
1991 c.639 §8; 2003 c.14 §318; 2007 c.779 §4]
477.885 [1969
c.524 §9; repealed by 1985 c.759 §40]
477.910 [1959
c.320 §1; 1965 c.253 §146; repealed by 1967 c.429 §61]
477.920 [1959
c.320 §7; repealed by 1985 c.759 §40]
477.930 [1959
c.320 §2; 1967 c.429 §41; repealed by 1985 c.759 §40]
477.940 [1959
c.320 §3; 1967 c.429 §42; 1969 c.524 §12; 1981 c.321 §4; repealed by 1985 c.759
§40]
477.950 [1959
c.320 §4; 1961 c.689 §7; 1965 c.428 §17; repealed by 1969 c.524 §15]
477.960 Collection of assessment.
(1) Insofar as applicable, the assessment levied under ORS 477.880 shall be due
and payable to the forester in like manner and procedure, including penalties
and interest, as set forth for the collection of the protection costs provided
in ORS 477.270. Wherever applicable, the assessment levied under ORS 477.880 shall
be combined with the budgeted cost certified to the county under ORS 477.270 as
one amount for each account listed so that the officer in charge of the roll
can extend the amounts on the assessment roll in a separate column in a single
figure.
(2)
The minimum assessment set forth in ORS 477.295 shall be applied to the
combined amount described in subsection (1) of this section. [1959 c.320 §5;
1961 c.689 §8; 1965 c.312 §4; 1967 c.179 §1; 1967 c.429 §43; 1985 c.759 §36;
1991 c.459 §417]
477.970 Disposition of receipts.
The receipts from the assessment levied by ORS 477.880 shall be paid into the
Oregon Forest Land Protection Fund. [1959 c.320 §6; 1961 c.689 §9; 1967 c.429 §44;
1985 c.759 §37]
PENALTIES
477.980 Enforcement policy; rules; factors
considered. The State Board of Forestry, by rule,
shall establish the enforcement policy for violations prescribed in ORS
477.993. In determining the enforcement policy, the board may consider the
following factors:
(1)
Prior violation of the same or similar statutes, rules or orders.
(2)
The gravity and magnitude of the violation.
(3)
Whether the violations were repeated or continuous.
(4)
Whether the cause of the violation was an unavoidable accident or a willful,
malicious or negligent act.
(5)
Whether the violation directly threatened human life or caused property damage
of $10,000 or more. [1993 c.697 §2; 1999 c.1051 §101]
477.985 Enforcement procedure.
In addition to any other persons permitted to enforce violations, the State
Forestry Department and the State Forester, or any employee specifically
designated by the department or by the State Forester, may issue citations for
violations established under ORS 477.993 in the manner provided by ORS chapter
153. [1993 c.697 §3; 1999 c.1051 §102; 2011 c.597 §138]
477.990
[Amended by 1953 c.68 §19; subsection (5) of 1957 Replacement Part enacted as
1953 c.68 §17; subsections (11) and (12) of 1957 Replacement Part enacted as
1953 c.152 §§6,7; repealed by 1959 c.363 §14 (subsections (1) to (5) of 477.993
(1963 Replacement Part) enacted in lieu of 477.990)]
477.992
[Repealed by 1959 c.363 §21]
477.993 Penalties.
(1) Violation of any of the provisions of ORS 477.510, 477.515, 477.535 to
477.550, 477.565, 477.615, 477.625, 477.635 to 477.670, 477.695, 477.710,
477.720 or 477.740, or any rule or order adopted pursuant thereto, is a
violation punishable as follows:
(a)
For the first offense, as a Class D violation.
(b)
For the second offense, as a Class C violation.
(c)
For the third offense, as a Class A violation.
(2)
Multiple violations of any single requirement of this chapter, or of any rule
or order adopted pursuant thereto, in an operation area shall be considered a
single violation. However, each day a violation continues shall be considered a
separate violation.
(3)
Notwithstanding subsection (1) of this section, violations of any of the
statutes listed in subsection (1) of this section which proximately cause human
injury, loss of human life or property damage of $10,000 or more, and
unauthorized entry into a fire scene secured under the authority of ORS 477.365
(1)(f), may be punishable as a Class A misdemeanor.
(4)
Violations and punishments set forth in this section and ORS 477.740 are in
addition to and not in lieu of the provisions of ORS 164.305 to 164.335. [Subsections
(1) and (2) of 1963 Replacement Part and subsections (1) to (3) enacted as 1959
c.363 §15 (in lieu of 477.990); subsection (6) of 1963 Replacement Part enacted
as 1959 c.408 §6; subsection (7) of 1963 Replacement Part enacted as 1959 c.320
§8; subsection (8) of 1963 Replacement Part enacted as 1961 c.689 §11;
subsection (5) enacted as 1961 c.603 §15; 1965 c.253 §136; 1971 c.562 §2; 1971
c.743 §390; 1993 c.697 §8; 1995 c.605 §4; 1997 c.274 §34; 1999 c.1051 §103]
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