2015 ORS 477.023¹
Fire protection system
  • integration with existing laws
  • cooperative agreements

(1) The forestland-urban interface in Oregon represents a unique fire protection situation that requires that unique and special measures be taken to ensure adequate public safety and protection of property, development and natural resources. Therefore, it is declared to be the public policy of the State of Oregon to encourage and provide a complete and coordinated forestland-urban interface fire protection system.

(2)(a) It is recognized that forestland-urban interface areas are already subject to other laws and to regulations of other agencies. It is the intent of ORS 477.015 (Definitions) to 477.061 (Short title) to integrate with and not replace those other laws and regulations.

(b) In the event of an apparent conflict between the obligations imposed by ORS 477.015 (Definitions) to 477.061 (Short title) and by other laws or regulations for which the forester is responsible and has jurisdiction, the forester shall resolve the conflict within the scope of the forester’s authority.

(c) Except as provided in paragraph (d) of this subsection, the obligations imposed by ORS 477.015 (Definitions) to 477.061 (Short title) do not supersede or replace federal law or regulation, other state law or rules, or more restrictive local government ordinance or code.

(d) In the event of an apparent conflict between the obligations imposed by ORS 477.015 (Definitions) to 477.061 (Short title) and a more restrictive local government ordinance or code, the State Forester may enter into a cooperative agreement with the governing body of a local government, the terms of which provide that ORS 477.015 (Definitions) to 477.061 (Short title) supersede the local government ordinance or code in specified cases.

(e) In the event of an apparent conflict between the obligations imposed by ORS 477.015 (Definitions) to 477.061 (Short title) and the declaration, bylaws, rules or regulations of a homeowners association, the State Forester may enter into a cooperative agreement with the homeowners association that allows the declaration, bylaws, rules or regulations of the homeowners association to supersede ORS 477.015 (Definitions) to 477.061 (Short title) in specified cases. The term of a cooperative agreement entered into under this paragraph may not exceed five years.

(f) When a real property lot includes one or more structures that have multiple owners, the State Forester may enter into a cooperative agreement with one or more of the owners, or a person designated as the representative of the owners, for the purposes of matters related to ORS 477.015 (Definitions) to 477.061 (Short title). The term of a cooperative agreement entered into under this paragraph may not exceed five years.

(g) Compliance with the obligations imposed by ORS 477.015 (Definitions) to 477.061 (Short title) does not relieve the owner of land of the requirements of other laws or regulations that might apply to the land in question.

(3) To encourage development of a complete and coordinated forestland-urban interface fire protection system, it is declared to be in the public interest that the State Board of Forestry and the State Forester take a lead role in statewide coordination of the forestland-urban interface situation with other state and federal agencies, local governments and private sector interests that are concerned with fire protection in the forestland-urban interface. [1997 c.429 §6; 2007 c.30 §2]


1 Legislative Counsel Committee, CHAPTER 477—Fire Protection of Forests and Vegetation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors477.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.