ORS 527.620
Definitions for ORS 527.610 to 527.770


As used in ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards), 527.990 (Criminal penalties) and 527.992 (Civil penalties):

(1)

“Board” means the State Board of Forestry.

(2)

“Cumulative effects” means the impact on the environment which results from the incremental impact of the forest practice when added to other past, present and reasonably foreseeable future forest practices regardless of what governmental agency or person undertakes such other actions.

(3)

“DBH” means the diameter at breast height which is measured as the width of a standing tree at four and one-half feet above the ground, on the uphill side.

(4)

“Edge of the roadway” means:

(a)

For interstate highways, the fence.

(b)

For all other state highways, the outermost edge of pavement, or if unpaved, the edge of the shoulder.

(5)

“Forest practice” means any operation conducted on or pertaining to forestland, including but not limited to:

(a)

Reforestation of forestland;

(b)

Road construction and maintenance;

(c)

Harvesting of forest tree species;

(d)

Application of chemicals;

(e)

Disposal of slash; and

(f)

Removal of woody biomass.

(6)

“Forest tree species” means any tree species capable of producing logs, fiber or other wood materials suitable for the production of lumber, sheeting, pulp, firewood or other commercial forest products except trees grown to be Christmas trees as defined in ORS 571.505 (Definitions for ORS 571.510 to 571.580) on land used solely for the production of Christmas trees.

(7)

“Forestland” means land that is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied.

(8)

“Harvest type 1” means an operation that requires reforestation but does not require wildlife leave trees. A harvest type 1 is an operation that leaves a combined stocking level of free to grow seedlings, saplings, poles and larger trees that is less than the stocking level established by rule of the board that represents adequate utilization of the productivity of the site.

(9)

“Harvest type 2” means an operation that requires wildlife leave trees but does not require reforestation. A harvest type 2 does not require reforestation because it has an adequate combined stocking of free to grow seedlings, saplings, poles and larger trees, but leaves:

(a)

On Cubic Foot Site Class I, II or III, fewer than 50 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre;

(b)

On Cubic Foot Site Class IV or V, fewer than 30 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre; or

(c)

On Cubic Foot Site Class VI, fewer than 15 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre.

(10)

“Harvest type 3” means an operation that requires reforestation and requires wildlife leave trees. This represents a level of stocking below which the size of operations is limited under ORS 527.740 (Harvest type 3 limitations) and 527.750 (Exceeding harvest type 3 size limitation).

(11)

“Landowner” means any individual, combination of individuals, partnership, corporation or association of whatever nature that holds an ownership interest in forestland, including the state and any political subdivision thereof.

(12)

“Operation” means any commercial activity relating to the establishment, management or harvest of forest tree species except as provided by the following:

(a)

The establishment, management or harvest of Christmas trees, as defined in ORS 571.505 (Definitions for ORS 571.510 to 571.580), on land used solely for the production of Christmas trees.

(b)

The establishment, management or harvest of hardwood timber, including but not limited to hybrid cottonwood, that is:

(A)

Grown on land that has been prepared by intensive cultivation methods and that is cleared of competing vegetation for at least three years after tree planting;

(B)

Of a species marketable as fiber for inclusion in the furnish for manufacturing paper products;

(C)

Harvested on a rotation cycle that is 12 or fewer years after planting; and

(D)

Subject to intensive agricultural practices such as fertilization, cultivation, irrigation, insect control and disease control.

(c)

The establishment, management or harvest of trees actively farmed or cultured for the production of agricultural tree crops, including nuts, fruits, seeds and nursery stock.

(d)

The establishment, management or harvest of ornamental, street or park trees within an urbanized area, as that term is defined in ORS 221.010 (Definitions for ORS 221.020 to 221.100).

(e)

The management or harvest of juniper species conducted in a unit of less than 120 contiguous acres within a single ownership.

(f)

The establishment or management of trees intended to mitigate the effects of agricultural practices on the environment or fish and wildlife resources, such as trees that are established or managed for windbreaks, riparian filters or shade strips immediately adjacent to actively farmed lands.

(g)

The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced.

(13)

“Operator” means any person, including a landowner or timber owner, who conducts an operation.

(14)

“Single ownership” means ownership by an individual, partnership, corporation, limited liability company, trust, holding company or other business entity, including the state or any political subdivision thereof. Single ownership includes ownership held under different names or titles where the same individual or individuals, or their heirs or assigns, are shareholders (other than those of public corporations whose stock is traded on the open market), partners, business trustees or officers, or otherwise have an interest in or are associated with each property.

(15)

“State Forester” means the State Forester or the duly authorized representative of the State Forester.

(16)

“Suitable hardwood seedlings” means any hardwood seedling that will eventually yield logs or fiber, or both, sufficient in size and quality for the production of lumber, plywood, pulp or other forest products.

(17)

“Timber owner” means any individual, combination of individuals, partnership, corporation or association of whatever nature, other than a landowner, that holds an ownership interest in any forest tree species on forestland.

(18)

“Visually sensitive corridor” means forestland extending outward 150 feet, measured on the slope, from the outermost edge of the roadway of a scenic highway referred to in ORS 527.755 (Scenic highways), along both sides for the full length of the highway.

(19)

“Wildlife leave trees” means trees or snags required to be retained as described in ORS 527.676 (Leaving snags and downed logs in harvest type 2 or 3 units) (1).

(20)

“Written plan” means a document prepared by an operator, timber owner or landowner that describes how the operation is planned to be conducted. [1971 c.316 §3; 1987 c.919 §9; 1991 c.547 §1; 1991 c.634 §3; 1991 c.919 §1; 1995 s.s. c.3 §39; 1996 c.9 §2; 1999 c.59 §166; 2001 c.451 §1; 2003 c.740 §2; 2011 c.276 §6]

Source: Section 527.620 — Definitions for ORS 527.610 to 527.770, https://www.­oregonlegislature.­gov/bills_laws/ors/ors527.­html.

Attorney General Opinions

Including compliance with Department of Environmental Quality rules in forest practice rules, (1972) Vol 35, p 1146

527.260
Injuring forest tree of another or extracting pitch without, or in violation of, a permit prohibited
527.310
Definitions for ORS 527.310 to 527.370
527.315
Process components
527.321
Implementation of process by State Forester
527.335
Investigations by State Forester concerning pests
527.341
Forestland owners to implement strategies to carry out resource management objectives
527.346
State Forester to assist owners unable to take action against pest
527.360
Costs of eradication
527.370
Disposition of receipts
527.610
Short title
527.620
Definitions for ORS 527.610 to 527.770
527.630
Policy
527.640
Forest regions
527.650
Forest practice committees
527.660
Committees to review rules
527.665
Notice of reforestation requirements to be given in forestland transfers
527.670
Commencement of operations
527.672
Aerial herbicide applications
527.674
Rules requiring approval of written plan prohibited
527.676
Leaving snags and downed logs in harvest type 2 or 3 units
527.678
Wildlife food plots
527.680
Violation by operator
527.683
Notice of violation
527.685
Civil penalty considerations
527.687
Civil penalty procedure
527.690
Failure to comply with order to reforest or repair damage
527.700
Appeals from orders of State Forester
527.710
Duties and powers of board
527.714
Types of rules
527.715
Rules to establish standards and procedures
527.721
Coordination with state and local agencies for review and comment on operations
527.722
Restrictions on local government adoption of rules regulating forest operations
527.724
Forest operations to comply with air and water pollution control rules and standards
527.730
Conversion of forestland to other uses
527.736
Forest practice standards for operations on public and private land
527.740
Harvest type 3 limitations
527.745
Reforestation of certain harvest types
527.750
Exceeding harvest type 3 size limitation
527.755
Scenic highways
527.760
Reforestation exemptions for land use changes
527.765
Best management practices to maintain water quality
527.770
Good faith compliance with best management practices not violation of water quality standards
527.780
Exemption from liability for trees or debris left on property
527.785
Exemption from liability for large woody debris left on property
527.786
Definitions
527.787
Registering to receive notice of pesticide application
527.788
Notice to State Forestry Department of proposed pesticide application
527.789
Notice to nearby recipient of proposed pesticide application
527.790
Notice to State Forestry Department prior to pesticide application
527.791
Verifying completion of pesticide application
527.792
Designation of forestland units
527.793
Failure to send notice
527.794
Department reporting system
527.795
Daily spray records
527.796
Interference with pesticide application
527.797
Limitations on pesticide applications
527.798
Reporting points of diversion
527.990
Criminal penalties
527.992
Civil penalties
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