ORS 527.722
Restrictions on local government adoption of rules regulating forest operations

  • exceptions

(1)

Notwithstanding any provisions of ORS chapters 195, 196, 197, 215 and 227, and except as provided in subsections (2), (3) and (4) of this section, no unit of local government shall adopt any rules, regulations or ordinances or take any other actions that prohibit, limit, regulate, subject to approval or in any other way affect forest practices on forestlands located outside of an acknowledged urban growth boundary.

(2)

Nothing in subsection (1) of this section prohibits local governments from adopting and applying a comprehensive plan or land use regulation to forestland to allow, prohibit or regulate:

(a)

Forest practices on lands located within an acknowledged urban growth boundary;

(b)

Forest practices on lands located outside of an acknowledged urban growth boundary, and within the city limits as they exist on July 1, 1991, of a city with a population of 100,000 or more, for which an acknowledged exception to an agriculture or forestland goal has been taken;

(c)

The establishment or alteration of structures other than temporary on-site structures which are auxiliary to and used during the term of a particular forest operation;

(d)

The siting or alteration of dwellings;

(e)

Physical alterations of the land, including but not limited to those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities, when such uses are not auxiliary to forest practices; or

(f)

Partitions and subdivisions of the land.

(3)

Nothing in subsection (2) of this section shall prohibit a local government from enforcing the provisions of ORS 455.310 (Single-family residence repair and maintenance exempt from codes) to 455.715 (Definitions for ORS 455.715 to 455.740) and the rules adopted thereunder.

(4)

Counties may prohibit, but in no other manner regulate, forest practices on forestlands:

(a)

Located outside an acknowledged urban growth boundary; and

(b)

For which an acknowledged exception to an agricultural or forest land goal has been taken.

(5)

To ensure that all forest operations in this state are regulated to achieve protection of soil, air, water, fish and wildlife resources, in addition to all other forestlands, the Oregon Forest Practices Act applies to forest operations inside any urban growth boundary except in areas where a local government has adopted land use regulations for forest practices. For purposes of this subsection, “land use regulations for forest practices” means local government regulations that are adopted for the specific purpose of directing how forest operations and practices may be conducted. These local regulations shall:

(a)

Protect soil, air, water, fish and wildlife resources;

(b)

Be acknowledged as in compliance with land use planning goals;

(c)

Be developed through a public process;

(d)

Be developed for the specific purpose of regulating forest practices; and

(e)

Be developed in coordination with the State Forestry Department and with notice to the Department of Land Conservation and Development.

(6)

To coordinate with local governments in the protection of soil, air, water, fish and wildlife resources, the State Forester shall provide local governments with a copy of the notice or written plan for a forest operation within any urban growth boundary. Local governments may review and comment on an individual forest operation and inform the landowner or operator of all other regulations that apply but that do not pertain to activities regulated under the Oregon Forest Practices Act.

(7)

The existence or adoption by local governments of a comprehensive plan policy or land use regulation regulating forest practices consistent with subsections (1) to (5) of this section shall relieve the State Forester of responsibility to administer the Oregon Forest Practices Act within the affected area.

(8)

The Director of the Department of Land Conservation and Development shall provide the State Forester copies of notices submitted pursuant to ORS 197.615 (Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development), whenever such notices concern the adoption, amendment or repeal of a comprehensive land use regulation allowing, prohibiting or regulating forest practices. [1979 c.400 §2; 1987 c.919 §17; 1991 c.919 §29; 2001 c.268 §1]

Source: Section 527.722 — Restrictions on local government adoption of rules regulating forest operations; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors527.­html.

Notes of Decisions

On remand, this section preempts county regulatory authority over commercial forest operations when county concludes that both forestry and Goal 5 resources should be allowed as primary uses in the areas where they conflict. 1000 Friends of Oregon v. LCDC, 86 Or App 26, 738 P2d 215 (1987)

Physical alteration of land is “auxiliary” to forest practice if alteration is subordinate activity having primary purpose of supporting or making forest practice possible. State ex rel Jackson Creek Sand Co. v. Jackson County, 147 Or App 577, 938 P2d 773 (1997), Sup Ct review denied

Attorney General Opinions

Definition of “forested lands zoned for primary uses other than the commercial growing and harvesting of forest tree species,” (1980) Vol 40, p 500

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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