ORS 527.680
Violation by operator

  • citation
  • order to cease violation
  • order to repair damage
  • temporary order where violation continuing
  • service on operator

(1)

Whenever the State Forester determines that an operator has committed a violation under ORS 527.990 (Criminal penalties) (1), the State Forester may issue and serve a citation upon the operator or authorized representative. The State Forester shall cause a copy of the citation to be mailed or delivered to the timber owner and landowner. Whenever the State Forester determines that the landowner has failed to comply with the reforestation rules under ORS 527.710 (Duties and powers of board), the State Forester may issue and serve a citation upon the landowner or authorized representative. Each citation issued under this section shall specify the nature of the violation charged and any damage or unsatisfactory condition that has occurred as the result of such violation.

(2)

Whenever a citation is served pursuant to subsection (1) of this section, the State Forester:

(a)

Shall issue and serve upon the landowner or operator or authorized representative an order directing that the landowner or operator cease further violation. If the order is served upon an operator, the State Forester shall cause a copy of such order to be mailed or delivered to the timber owner and landowner; and

(b)

May issue and serve an order upon the landowner or operator and shall cause a copy of such order to be mailed or delivered to the timber owner and landowner, directing the landowner or operator, where practical and economically feasible, to make reasonable efforts to repair the damage or correct the unsatisfactory condition specified in the citation within a period specified by the State Forester.

(3)

In the event the order issued under subsection (2)(a) of this section has not been complied with, and the violation specified in such order is resulting in continuing damage, the State Forester by temporary order, may direct the landowner or operator to cease any further activity in that portion of the operation that is resulting in such damage. Such temporary order shall be in effect until the date of the expiration of the period as prescribed in subsection (4) of this section or until the date that the violation ceases, whichever date occurs first.

(4)

A temporary order issued under subsection (3) of this section shall be served upon the landowner or operator or authorized representative, and the State Forester shall cause a copy of such temporary order to be mailed or delivered to the operator, timber owner and landowner. If requested by the operator, timber owner or landowner, the State Board of Forestry, following the appeal procedures of ORS 527.700 (Appeals from orders of State Forester), must hold a hearing on the temporary order within five working days after the receipt by the board of the request. A temporary order issued and served pursuant to subsection (3) of this section shall remain in effect not more than five working days after such hearing unless the order is sooner affirmed, modified or revoked by the board.

(5)

If a landowner or operator fails to comply with a final order issued under subsection (2)(b) of this section within the time specified in the order, or if the landowner or operator fails to comply with a final order imposing civil penalties for violation of any provision of the Oregon Forest Practices Act, the State Forester may issue an order that prohibits the affected landowner or operator from conducting any new operations on any forestland in this state until the landowner or operator has complied with the order to correct an unsatisfactory condition, make repair or pay the civil penalty, as the case may be, to the satisfaction of the State Forester. [1971 c.316 §10; 1983 c.759 §1; 1997 c.306 §1]

Source: Section 527.680 — Violation by operator; citation; order to cease violation; order to repair damage; temporary order where violation continuing; service on operator, https://www.­oregonlegislature.­gov/bills_laws/ors/ors527.­html.

Law Review Citations

17 EL 717, 722 (1987)

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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