2017 ORS 526.360¹
State Forester to assist in developing forestland for agricultural uses
  • supervision of certain burning
  • refusal of supervision or permit
  • Certified Burn Manager program
  • rules
  • liability for damage

(1) The State Board of Forestry and the forester may assist to the extent possible in developing, for forestry, grazing or agricultural uses, all forestland classified pursuant to ORS 526.328 (Hearing) or 526.340 (Classification by State Forester) for such uses, including the burning of brush or other flammable material for the purpose of:

(a) Removing a fire hazard to any property;

(b) Preparing seed beds;

(c) Removing obstructions to or interference with the proper seeding or agricultural or grazing development or use of that land;

(d) Promoting the establishment of new forest crops on cutover, denuded or underproductive lands;

(e) Implementing pest prevention and suppression activities, as provided in ORS 527.310 (Definitions for ORS 527.310 to 527.370) to 527.370 (Disposition of receipts); or

(f) Promoting improvements to forest health, including improvements to fish and wildlife habitat.

(2) Upon request of the owner or the agent of the owner of any forestland classified pursuant to ORS 526.328 (Hearing) or 526.340 (Classification by State Forester), the forester may perform or supervise burning operations thereon for any of the purposes stated in subsection (1) of this section. The owner or the agent of the owner shall supply such personnel and equipment and shall perform such fire control actions and activities as the forester may require while there is danger of the fire spreading. The forester may refuse to perform or supervise burning or to issue any burning permit when, in the judgment of the forester, conditions so warrant.

(3) To accomplish the purposes set forth in subsection (1) of this section, the State Board of Forestry may establish by rule a Certified Burn Manager program. The rules shall include:

(a) Certification standards, requirements and procedures;

(b) Standards, requirements and procedures to revoke certification;

(c) Actions and activities that a Certified Burn Manager must perform;

(d) Actions and activities that a Certified Burn Manager may not allow or perform;

(e) Limitations on the use of a Certified Burn Manager; and

(f) Any other standard, requirement or procedure that the board considers necessary for the safe and effective administration of the program.

(4) When any burning for any of the purposes stated in subsection (1) of this section on forestland classified pursuant to ORS 526.328 (Hearing) or 526.340 (Classification by State Forester) is started under the supervision of and supervised by the forester or a Certified Burn Manager, no person shall be liable for property damage resulting from that burning unless the damage is caused by the negligence of the person. [Amended by 1965 c.253 §42; 1967 c.429 §33; 1999 c.101 §2]

Chapter 526

Atty. Gen. Opinions

Authority of State Forester to enter private land to administer Forest Practices Act, (1978) Vol 39, p 17

Law Review Cita­tions

22 EL 797 (1992)

1 Legislative Counsel Committee, CHAPTER 526—Forestry Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors526.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 526, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano526.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.