2017 ORS 527.736¹
Forest practice standards for operations on public and private land
  • exceptions
  • rules

(1) The standards established in ORS 527.740 (Harvest type 3 limitations) to 527.750 (Exceeding harvest type 3 size limitation) shall be administered by the State Forester as standards applying to all operations in the state, including those on forestland owned by the state or any political subdivision thereof. Pursuant to ORS 527.710 (Duties and powers of board) the State Board of Forestry shall adopt, repeal or amend forest practice rules as necessary to be consistent with and to implement the standards established in ORS 527.740 (Harvest type 3 limitations) to 527.750 (Exceeding harvest type 3 size limitation). Except as provided in ORS 527.714 (Types of rules), nothing in ORS 468B.100 (Definitions for ORS 468B.105 and 468B.110) to 468B.110 (Authority to establish and enforce water quality standards by rule or order), 477.562 (Registration fee), 527.620 (Definitions for ORS 527.610 to 527.770), 527.670 (Commencement of operations), 527.690 (Failure to comply with order to reforest or repair damage), 527.710 (Duties and powers of board), 527.715 (Rules to establish standards and procedures), 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) and 527.736 (Forest practice standards for operations on public and private land) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) shall affect the powers and duties of the board to adopt, or the State Forester to administer, all other regulations pertaining to forest practices under applicable state law.

(2) Nothing in ORS 527.740 (Harvest type 3 limitations) to 527.750 (Exceeding harvest type 3 size limitation) is intended to apply to cutting of trees that is for growth enhancement treatments, as defined by the State Forester, such as thinning or precommercial thinning.

(3) The State Board of Forestry may modify or waive the limitations and requirements of ORS 527.676 (Leaving snags and downed logs in harvest type 2 or 3 units), 527.740 (Harvest type 3 limitations), 527.750 (Exceeding harvest type 3 size limitation) and 527.755 (Scenic highways) for the purposes of a bona fide research project conducted by:

(a) A federal agency;

(b) Agencies of the executive department, as defined in ORS 174.112 (“Executive department” defined);

(c) An educational institution; or

(d) A private landowner.

(4) The State Board of Forestry may agree as a term of a stewardship agreement entered into under ORS 541.973 (Stewardship agreements) to modify or waive the limitations and requirements of ORS 527.676 (Leaving snags and downed logs in harvest type 2 or 3 units), 527.740 (Harvest type 3 limitations), 527.750 (Exceeding harvest type 3 size limitation) and 527.755 (Scenic highways).

(5) The State Board of Forestry may modify or waive the limitations and requirements of ORS 527.676 (Leaving snags and downed logs in harvest type 2 or 3 units), 527.740 (Harvest type 3 limitations), 527.750 (Exceeding harvest type 3 size limitation) and 527.755 (Scenic highways) for the purpose of an operation for the planting, growing, managing or harvesting of hardwood timber, including but not limited to hybrid cottonwood, if:

(a) The timber is grown on land that has been prepared by intensive cultivation methods and is cleared of competing vegetation for at least three years after planting;

(b) The timber is harvested on a rotation cycle of more than 12 years and less than 20 years after planting; and

(c) The timber is subject to intensive agricultural practices, including but not limited to fertilization, cultivation, irrigation, insect control and disease control. [1991 c.919 §3; 1993 c.657 §5; 1995 s.s. c.3 §39r; 1996 c.9 §20; 2008 c.11 §1]

Chapter 527

Atty. Gen. Opinions

Authority of State Forester to enter private lands to administer Forest Practices Act, (1978) Vol 38, p 17

1 Legislative Counsel Committee, CHAPTER 527—Pest Control; Forest Practices, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors527.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 527, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano527.­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.