ORS 527.740
Harvest type 3 limitations

  • exceptions

(1)

No harvest type 3 unit within a single ownership shall exceed 120 acres in size, except as provided in ORS 527.750 (Exceeding harvest type 3 size limitation).

(2)

No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the harvest type 3 areas subject to regulation under the Oregon Forest Practices Act would exceed 120 acres in size, unless the prior harvest type 3 unit has been reforested as required by all applicable regulations and:

(a)

At least the minimum tree stocking required by rule is established per acre; and either

(b)

The resultant stand of trees has attained an average height of at least four feet; or

(c)

At least 48 months have elapsed since the stand was created and it is “free to grow” as defined by the State Board of Forestry.

(3)

Any acreage attributable to riparian areas or to resource sites listed in ORS 527.710 (Duties and powers of board) (3) that is located within a harvest unit shall not be counted in calculating the size of a harvest type 3 unit.

(4)

The provisions of this section shall not apply when the land is being converted to managed conifers or managed hardwoods from brush or hardwood stands that contain less than 80 square feet of basal area per acre of trees 11 inches DBH or greater or when the harvest type 3 results from disasters such as fire, insect infestation, disease, windstorm or other occurrence that the State Forester determines was beyond the landowner’s control and has substantially impaired productivity or safety on the unit or jeopardizes nearby forestland. The prior approval of the State Forester shall be required for such conversion or harvest type 3 operations that exceed 120 acres in size.

(5)

The provisions of this section do not apply to any operation where the operator demonstrates to the State Forester that:

(a)

The trees are subject to a cutting right created by written contract prior to October 1, 1990, which provides that the trees must be paid for regardless of whether the trees are cut, or subject to a cutting right created by reservation in a deed prior to October 1, 1990; and

(b)

If the provisions of this section were applied, the cutting right would expire before all the trees subject to the cutting right could reasonably be harvested. [1991 c.919 §4; 1995 s.s. c.3 §39b; 1996 c.9 §4]

Source: Section 527.740 — Harvest type 3 limitations; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors527.­html.

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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