ORS 477.066¹
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]

Notes of Decisions

This sec­tion does not impose strict liability on owners and operators to suppress forest fires, but requires exercise of reasonable suppression efforts. Defrees v. U.S., Through U.S. Forest Service, 738 F. Supp 380 (D. Or. 1990)

Completed Cita­tions

State Forester v. Umpqua R. Nav. Co., 258 Or 10, 478 P2d 631 (1970), cert. denied, 404 US 826 (1971)

1 Legislative Counsel Committee, CHAPTER 477—Fire Protection of Forests and Vegetation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­477.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 477, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­477ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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