Oregon Revised Statutes
As used in this chapter: “Additional fire hazard” means a hazard that has been determined to exist by the forester pursuant to ORS 477.580. “Board” means the State Board of Forestry. “Campfire” means any open fire used for cooking, personal warmth, lighting, ceremonial or aesthetic purposes that is hand built and that is not associated with any debris dis…
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The preservation of the forests and the conservation of the forest resources through the prevention and suppression of forest fires hereby are declared to be the public policy of the State of Oregon. In order to accomplish the purposes of the policy stated in this section: The need for a complete and coordinated forest protection system is acknowledged and…
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For the purpose of an investigation as to liability for cost of hazard abatement, fire abatement or damages under this chapter, the Attorney General, at the request of the State Forester, may administer oaths and affirmations, take testimony or depositions and by subpoena compel the: Attendance of witnesses; Production of documents, including but not limit…
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For the purpose of maintaining air quality, the State Forester and the Department of Environmental Quality shall approve a plan for the purpose of managing smoke in areas they shall designate. The plan shall delineate regulated areas to which this section applies. The plan shall also include but not be limited to considerations of weather, volume of material…
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As used in this section and ORS 477.025: “Wildland” means: Forestland, as defined in ORS 477.001; or An unimproved area that contains enough unmanaged vegetation, at any time of the year, to constitute a fire hazard, in the judgment of the forester, regardless of how the area is zoned or taxed. “Wildland-urban interface” means a geographic area in which …
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The Legislative Assembly recognizes that the wildland-urban interface in Oregon varies by condition, situation, fire hazard and risk, that different wildland-urban interface fire protection problems exist across the state because of this variability, and that these different problems necessitate varied fire prevention and protection practices.
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All forestland that by reason of its lack of adequate fire protection endangers life, forest resources or property is declared to be a public nuisance. Whenever the forester learns thereof, the forester may direct the owner or operator of such forestland to take proper steps for its protection and advise the owner or operator of means to that end. In case o…
Any fire on any forestland in Oregon burning uncontrolled or without proper action being taken to prevent its spread, notwithstanding its origin, is declared a public nuisance by reason of its menace to life, forest resources or property. The spread of fire in forestland across an ownership boundary is prima facie evidence of fire burning uncontrolled.
Each owner and operator of forestland on which a fire exists or from which it may have spread, notwithstanding the origin or subsequent spread thereof, shall immediately proceed to control and extinguish such fire when its existence comes to the knowledge of the owner or operator, without awaiting instructions from the forester, and shall continue until the …
For the purpose of ORS 477.066, notification to the owner or operator of the forestland, is considered sufficient notification to the owner of the existence of a fire.
In case an owner or operator fails to perform the duty required by ORS 477.066, or is willful, malicious or negligent in the origin or subsequent spread of the fire, the actual cost incurred by the forester or a forest protective association or agency in controlling or extinguishing the fire shall be paid by the owner or operator within 90 days after the dat…
Notwithstanding any other law, in any action authorized by ORS 477.068 to collect the costs incurred, the plaintiff may unite in the same complaint causes of action based upon any or all of the grounds therein mentioned.
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Any person who willfully or negligently sets a fire or causes a fire to be set for which efforts to control or extinguish the fire in order to protect forestland within a forest protection district from fire are exerted by the forester or any forest protective association or agency under contract or agreement with the State Board of Forestry is liable for th…
As used in this section: “Economic and property damage” means the sum of: The lesser of the difference in the fair market value of property immediately before and immediately after a wildfire or the cost of restoring property to the condition the property was in immediately before a wildfire; and Any other objectively verifiable monetary losses. “Fair ma…
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As used in this section, “wildfire” has the meaning given that term in ORS 477.089. A person is not liable in a civil action for injury to or destruction of property arising out of a wildfire, except to the extent evidence demonstrates that: An action or inaction of the person constituted negligence or a higher degree of fault; and The action or inaction …
An owner of forestland shall not be subject to the provisions of ORS 477.068 and 477.089, where the origin or subsequent spread of a fire was the direct result of training activity by the Oregon National Guard or of any component of the Armed Forces of the United States. Notwithstanding any other law, the Oregon National Guard shall be subject to the duties…
The State Forester, or any agency or organization with responsibility under this chapter to suppress fires, may not prohibit an owner or the owner’s agent from suppressing a fire occurring on the owner’s property or that poses a threat to the owner’s property. Notwithstanding subsection (1) of this section, the forester, agency or organization may prohibit …
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Except as provided in subsections (2) and (3) of this section, the owner or operator of forestland is not subject to the obligations or penalties of ORS 164.335 and 477.740 or 477.064, 477.066 and 477.068 if: Forest patrol assessments are regularly paid for the forestland; Such forestland is protected pursuant to membership in a forest protective associati…
As used in this section: “Voluntarily” means not undertaken as a condition of employment or with an expectation of remuneration. “Wildfire” means a fire burning uncontrolled: On private forestland; On private cropland, pasture, rangeland or other private agricultural land; or That threatens a structure on agricultural land. Except as provided in subsec…
A forest protective association, rangeland protection association as defined in ORS 477.315 or public body as defined in ORS 174.109, or a person acting as an agent of a forest protective association, rangeland protection association or public body, is not liable for any injury to persons or property resulting from carrying out the provisions of this chapter…
As used in this section, “firefighter” means an employee of the State Forestry Department or of a forest protective association, as defined in ORS 477.001, whose duties include the abatement of uncontrolled fire as described in ORS 477.064. The State Forester may authorize the expenditure of funds from the State Forestry Department revolving account to pay …
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The State Forestry Department shall establish and maintain an expanded system of automated smoke detection cameras that includes staffing in detection centers to monitor and alert fire suppression staff when fires are detected. The system must serve the purposes of quickly detecting, locating and extinguishing fires and keeping fires as small as possible. …
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The State Forestry Department: Shall consult and coordinate with federal agencies, private stakeholders and other state agencies to determine the adequacy of state, federal and private wildfire response capacity. The department shall act to facilitate wildfire prevention and wildfire response communication and coordination between federal, state, local and …
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As used in the Northwest Wildland Fire Protection Agreement as set forth in ORS 477.200, “all possible aid” means the assistance that a member can provide in response to a request for aid without materially diminishing the overall fire prevention or protection capabilities of the member at the time of the request and for the duration of the response to provi…
If the Northwest Wildland Fire Protection Agreement is amended in accordance with Article IX of the agreement, the Governor shall invoke Article X of the agreement to withdraw from the agreement until such time as the Legislative Assembly ratifies the amendment, or during the interim between legislative sessions, until such time as the State Forester submits…
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The Governor shall make reasonable efforts to use local available fire protection resources within Oregon before calling on forces from other members of the Northwest Wildland Fire Protection Agreement. Note: See note under 477.175.
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The Governor may take any action necessary to carry out the Northwest Wildland Fire Protection Agreement as set forth in ORS 477.200. The Governor may delegate the authority granted under this section or ORS 477.180 and 477.185 to the State Forester. Note: See note under 477.175.
The Legislative Assembly of the State of Oregon hereby ratifies the Northwest Wildland Fire Protection Agreement set forth in ORS 477.200, and the provisions of such agreement hereby are declared to be the law of this state upon such agreement becoming effective as provided in subsection (2) of this section. This agreement shall become effective when it has…
The provisions of the Northwest Wildland Fire Protection Agreement are as follows: ______________________________________________________________________________ ARTICLE I The purpose of this agreement is to promote effective prevention, presuppression and control of forest fires in the northwest wildland region of the United States and adjacent areas of …
As used in ORS 477.205 to 477.281: “Budget” means an estimate of the amount of moneys a forest protection district needs for preparedness for, and for the prevention and suppression of, forest fires on forestland, not including centralized administration costs. “Grazing land” means forestland, within a forest protection district, that has been classified a…
During the season of the year when there is danger of fire, every owner of forestland shall provide adequate protection against the starting or spread of fire thereon or therefrom, which protection shall meet with the approval of the State Board of Forestry. Subsection (1) of this section is considered to have been complied with if, on January 1 of each yea…
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The forester is not required to provide protection for forestland that is either a small parcel or a tract isolated from a forest protection district and which land is found by the forester as not practicable to be included in a forest patrol system. ORS 477.205 to 477.281 do not apply to federal grazing land or federal timberland within this state for whic…
The State Forester, by rule, shall designate areas of forestland within this state as forest protection districts within which the forester is required to provide protection pursuant to this chapter. In establishing new boundaries or changes in boundaries of the districts, the State Forester may, for the purposes of administrative convenience, designate moun…
The annual cost of protection provided by the State Forester for forestland within a forest protection district shall be as described in this section. Grazing land within the district shall be protected by the State Forester at a pro rata cost of not less than 30 cents per acre for all grazing land within the district boundary. However, forest patrol assess…
Subject to the forest patrol assessment limitations set forth in ORS 477.230: Actual costs incurred by the State Forester in accordance with ORS 321.011 for adequate protection against fire on grazing land or timberland located within a forest protection district, in excess of the amount budgeted as required by ORS 477.230, but not including those costs eli…
The forester shall prepare tentative budget estimates for each forest protection district for the ensuing fiscal year beginning July 1, in a manner consistent with accounting and budgetary procedures prescribed by the State Board of Forestry.
In any forest protection district wherein the forester has entered into a cooperative agreement or contract with a forest protective association or agency described in ORS 477.406 (1), and the association or agency has appointed an advisory and guidance committee for the purposes of analysis and review of the protection plans and budgets for the district, th…
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All owners of lands assessed under ORS 477.205 to 477.281 shall have an opportunity to be heard on matters pertaining to the budgeting of moneys required to defray the cost of protection in each forest protection district. The forester, under the direction of the State Board of Forestry, shall provide for the holding of a public budget meeting in each distri…
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Not more than four weeks preceding each budget meeting, the forester shall cause notice of such meeting to be published once a week for two consecutive weeks in one or more newspapers published in or having general circulation in each of the counties in the forest protection district and in such other media of communication as the forester finds advisable. H…
The public budget meeting shall be held at the time and place as stated in the published notice, or at such other time and place to which the meeting may be adjourned. A member of the State Board of Forestry, or the forester, shall act as chairperson of the meeting. The forester shall cause the minutes of the meeting to be preserved as a public record. Dur…
Any owner of grazing land or timberland within the boundary of the forest protection district who is adversely affected by the proposed budget may file an appeal within 30 days after the date of the public budget meeting. Any owner of grazing land or timberland subject to ORS 477.205 to 477.281 shall, upon request, be granted a hearing by the State Board of…
The State Board of Forestry shall annually review the forest protection district budgets, make any changes in the budgets that are proper and consistent with law, and pass final approval on all district budgets and the prorated acreage rates therein.
Subject to the forest patrol assessment limitations set forth in ORS 477.230: The budgeted cost of the forester, as provided for in ORS 477.205 to 477.281, in providing protection for privately owned forestland shall be a lien upon such property, shall be reported by the forester to the governing body of the county in which the lands are situated on or afte…
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In addition to any other assessment prescribed by ORS 477.205 to 477.281, a surcharge shall annually be levied and assessed in the amount of $58 for each improved lot or parcel to defray the increased cost of fire suppression on forestland that is caused by the existence of the improvements. Except as provided in subparagraph (B) of this paragraph, the surc…
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The obligation of an owner of timberland or grazing land for payment of assessments and taxes for fire protection of forestland is limited to: The payment of moneys pursuant to ORS 321.015 (2), 477.277 and 477.295 into the Oregon Forest Land Protection Fund; and The payment of forest protection district assessments pursuant to ORS 477.205 to 477.281. As u…
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For purposes of making the levy and assessment of costs against forestland under ORS 477.270, the minimum cost to provide fire protection or suppression for any lot or parcel of real property separately assessed for ad valorem taxes or other taxes provided by law in lieu thereof, on the current assessment roll shall be not less than $20, which amount must be…
Moneys available at any time in the State Forestry Department Account for the purposes of this chapter, particularly ORS 477.205 to 477.281, which moneys are not specifically obligated for other purposes, may be used by the forester with the approval of the State Board of Forestry for capital outlay expenditures in any forest protection district. Prior to th…
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The forester is authorized to enforce the provisions of ORS 164.805 insofar as such affects forestland within forest protection districts established under this chapter.
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As used in ORS 477.315 to 477.325: “Rangeland” means any land: That is located in that part of the state lying easterly of the summit of the Cascade Mountains; That has not been classified as Class 1, Class 2 or Class 3 forestland under ORS 526.305 to 526.370; and That may contain isolated tracts of forestland not so classified or not within a forest pro…
The forester may enter into cooperative agreements or contracts with a rangeland protection association under the provisions of ORS 477.320 for the purpose of providing the assistance described in subsections (2) and (3) of this section. The forester may assist a rangeland protection association with: Organizing the rangeland protection association. Train…
Owners of rangeland may request the State Board of Forestry to hold a hearing on the subject of providing protection from fire for rangeland. Upon receipt of such request, the board or its authorized representative shall hold one or more public hearings in order to receive from interested persons information relating to the providing of such protection, and …
The Rangeland Protection Association Fund is established in the State Treasury, separate and distinct from the General Fund. The Rangeland Protection Association Fund consists of moneys appropriated by the Legislative Assembly for deposit in the fund and other moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly o…
Notwithstanding ORS 283.310 and 283.315, the State Forestry Department may: Control and regulate the disposal of and access to motor vehicles, and other equipment, that are used by the department. Authorize the State Forester to transfer ownership of depreciated firefighting vehicles and related depreciated equipment and supplies, by sale or donation, to a…
The State Forestry Department: May provide funding to rangeland protection associations for firefighting and rangeland fire readiness. Shall assist rangeland protection associations with pursuing federal grant funding for volunteers to assist with firefighting and for rural fire readiness.
Before June 1 each year, the owners of rangeland to be protected under ORS 477.320, and all rangeland protection associations, shall prepare in cooperation with the State Board of Forestry or its authorized representative, and submit to the board, a proposed budget for the fiscal year beginning on the next succeeding July 1. The budget shall include the prop…
The State Forester shall appoint one or more district fire wardens for each forest protection district. The State Forester shall appoint such additional fire wardens as are needed to enforce this chapter.
The district fire warden, under the direction of the State Forester, has charge of the fire prevention and suppression system in the forest protection district of the warden and such other duties as are required by law and the rules of the State Board of Forestry. Any other wardens serving in the district are subject to the direction of the district fire war…
Under instructions from the forester as to their exercise of state authority, all wardens shall: Take proper steps for the prevention and extinguishment of fires within the localities in which they exercise their functions. Control the use of fire for clearing land during fire season, as provided by ORS 477.508 to 477.520. Make such reports of their work …
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For the prevention, mitigation and suppression of fire on forestland or on land other than forestland, or both, the forester and a forest protective association may: Jointly or separately purchase and dispose of, or contract for, goods, services, supplies, equipment or motor vehicles. Enter into a contract or agreement with each other or, jointly or separa…
Contracts or agreements under ORS 477.406 may provide, among other things, for any or all of the parties to do any one or more of the following: Exchange services on a cooperative basis. Provide services, supplies and equipment in return for cash payment or other compensation. Loan or lease equipment. Subcontract obligations.
The Department of Transportation and the Douglas Forest Protective Association, the Coos Forest Protective Association, the Walker Range Forest Protective Association or any successor association may enter into contracts that provide for seasonal fire prevention and suppression personnel employed by an association to render off-season services to the Departm…
Unless otherwise provided in a contract or agreement, and except as provided in subsection (2) of this section: A party to a contract or agreement under ORS 477.406, who is performing services for the benefit of another party, is not liable for injury or damages to persons or property inflicted by the actions of such other party. If equipment is loaned or …
All money received by the forester pursuant to a contract or agreement described in ORS 477.406 shall be paid into the State Treasury, credited to the State Forestry Department Account and used pursuant to law for the purposes of the contract or agreement.
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As used in this section: “Grazing land owner” means an individual, combination of individuals, partnership, corporation or association that holds an ownership interest in grazing land in this state. “Large forest owner” means an individual, combination of individuals, partnership, corporation or association that holds an ownership interest in at least 5,00…
The Emergency Fire Cost Committee shall: Oversee the distribution of funds from the Oregon Forest Land Protection Fund established under ORS 477.750. Review expenditures from the fund. Review budgets for forest protection districts and provide recommendations on the budgets to the State Board of Forestry. Prior to the beginning of each fiscal year, distr…
The Emergency Fire Cost Committee shall meet and elect one of its members as chairperson. Whenever the office of chairperson of the committee becomes vacant, the committee at its next regular or special meeting shall elect one of its members to fill the vacancy.
Regular meetings of the Emergency Fire Cost Committee shall be held quarterly. Special meetings of the committee may be called by its chairperson or by a majority of the voting members. The act or decision of a majority of the voting members shall be deemed the act or decision of the committee. A staff member of the State Forestry Department shall be desi…
The administrator described in ORS 477.455 shall: Act as secretary of the Emergency Fire Cost Committee; and Carry out the provisions of ORS 477.440 to 477.460 in such manner as the committee shall direct. The salary and other expenses of the administrator and of staff members shall be paid from the Oregon Forest Land Protection Fund as are other expenses…
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As used in this section, “order” has the meaning given that term in ORS 183.310. An order issued by the State Forestry Department under ORS 477.490 (2023 Edition) that assigns property to a wildfire hazard zone is null and void. Note: 477.491 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any seri…
The Landscape Resiliency Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Landscape Resiliency Fund shall be credited to the fund. The fund shall consist of all moneys placed in the fund as provided by law and any gifts, grants, donations, endowments or bequests from any public or private source. …
As used in this section, “wildland-urban interface” has the meaning given that term in ORS 477.015. The State Forestry Department shall design and implement a program to reduce wildfire risk through the restoration of landscape resiliency and the reduction of hazardous fuel on public or private forestlands and rangelands and in communities near homes and cr…
ORS 477.503 does not expand, diminish or otherwise affect a right, privilege, duty or function established under federal, state or local laws or rules that pertain to the management of private lands in this state. Note: See note under 477.503.
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The State Forestry Department shall annually report regarding the wildfire risk reduction program and the implementation of a 20-year landscape resiliency plan to a committee or interim committee of the Legislative Assembly related to wildfire issues, in the manner provided in ORS 192.245, to the State Wildfire Programs Director and to the Wildfire Programs …
When conditions of fire hazard exist in a forest protection district or any part thereof, the State Forester may designate for that district or any part thereof the date of the beginning of a fire season for that year. The fire season shall continue for that district or part thereof until ended by order of the State Forester when conditions of fire hazard no…
It is unlawful, during a fire season inside or within one-eighth of one mile of a forest protection district, to: Smoke while working in or traveling through any operation area. Use fuse and caps for blasting unless approval is granted by the forester.
As used in this section: “Exploding target” means a device: Designed for use or used as a target for small arms ammunition or for other projectiles; Consisting of a flammable substance or flammable combination of substances; and Capable of exploding when struck by small arms gunfire or by other projectiles. “Small arms” means a shotgun, rifle, pistol or…
It is unlawful to set or cause to be set an open fire inside or within one-eighth of one mile of a forest protection district, either on one’s own land or on the land of another, without first securing a written permit for burning from the forester and complying with the conditions of the permit. In granting permits for burning: The forester may waive the r…
The forester may refuse, suspend or revoke a permit authorized by or issued under ORS 477.515 (1), when necessary in the judgment of the forester to prevent danger to life, health, forest resources or property. The forester may also refuse, suspend or revoke a permit authorized by or issued under ORS 477.515 (1), when necessary in the judgment of the foreste…
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None of the functions of the Environmental Quality Commission under ORS 477.013, 477.515 and 477.520 shall be performed by any regional air quality authority established pursuant to ORS 468A.105. (Restricted Uses)
If the forester determines that any forestland inside or within one-eighth of one mile of a forest protection district is particularly exposed to fire danger, by proclamation the forester may designate such forestland as an extra fire hazard and may restrict the use of such forestland. The proclamation shall designate the area to which and the period during…
The forester shall cause a notice of the closure proclaimed under ORS 477.535 to be posted in conspicuous locations that are in or near the designated areas. The forester shall cause a notice of each proclamation to be published in at least one newspaper published in each forest protection district containing the designated areas. Each published notice shall…
Regulated closures require entrants into designated areas to comply with the requirements set forth in the proclamation under ORS 477.535, which requirements in the judgment of the forester are necessary to prevent danger to life, forest resources or property. Absolute closures restrict the areas to all forms of use and shall be designated only during perio…
Except as provided in subsection (2) of this section, it is unlawful to enter any restricted area except in compliance with ORS 477.535 and 477.545, or to violate any of the requirements or restrictions under such sections. Nothing in this section applies to an owner’s right of entry upon the land of the owner or prohibits free access to any area by anyone …
It is the policy of the State of Oregon: To improve the management of prescribed burning as a forest management and protection practice; and To minimize emissions from prescribed burning consistent with the air quality objectives of the federal Clean Air Act and the State of Oregon Clean Air Act Implementation Plan developed by the Department of Environmen…
With the advice and assistance of the advisory committee established under ORS 477.556, and subject to the review of the State Board of Forestry, the State Forester shall adopt and implement programs for meeting the objectives set forth in ORS 477.013 and 477.552 to 477.562. The programs shall include: Collection, analysis and distribution of information re…
An advisory committee shall be created by the State Forester to advise and assist the State Forester in carrying out the programs required by ORS 477.013, 477.515 and 477.552 to 477.562. The advisory committee shall consist of five members as set forth in subsections (2) and (3) of this section. The following three members shall be appointed by the State Fo…
The advisory committee created under ORS 477.556 shall: Advise the State Forestry Department in collecting information about prescribed burning operations; and Advise the State Forestry Department on the collection, analysis and distribution of information required under ORS 477.554.
The Oregon Forest Smoke Management Account is established separate and distinct from the General Fund in the State Treasury. The following moneys shall be credited to the Oregon Forest Smoke Management Account: Nonrefundable registration fees received by the State Forestry Department for Class 1 forestland under ORS 526.324 to be burned west of the summit …
The State Forestry Department shall collect a nonrefundable registration fee for Class 1 forestland under ORS 526.324 to be burned west of the summit of the Cascade Mountains, not including Hood River County. Any owner of Class 1 forestland under ORS 526.324 and any agency managing Class 1 forestland under ORS 526.324 lying within the regulated area as desc…
In an operation area on forestland inside or within one-eighth of one mile of a forest protection district: If power-driven machinery is used at any location to load and assemble forest products, the operator shall fell all dead trees and snags of such size and within such distance of the equipment as may be required by rules promulgated by the State Forest…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Following the issuance of a permit pursuant to ORS 477.625, and after slashing has been created in an operation area inside or within one-eighth of one mile of a forest protection district, the forester may make a determination if such slashing and debris exists on the operation area in sufficient quantity and arrangement as to constitute an additional fire …
No operative statutory text appears at this designation in the selected edition.
Any person violating any provisions of ORS 477.615 and 477.645 to 477.655 may be enjoined in an appropriate judicial proceeding from the further use of such equipment until the person complies with these sections.
Notwithstanding any other law, the State Forester, in cooperation with other forest protection associations and agencies, shall carry on a continuous program for the standardization of equipment used for the protection of forestland from fire, and may issue rules, with the approval of the State Board of Forestry, for such standardization where it is the find…
During a fire season inside or within one-eighth of one mile of a forest protection district, when, in the judgment of the forester, an operation is of sufficient size or so planned and operated as to justify additional protection from fire, the owner or operator, when so directed by the forester in writing, shall provide, within such time as is specified in…
No operative statutory text appears at this designation in the selected edition.
Every person conducting an operation inside or within one-eighth of one mile of a forest protection district that uses fire in any form or power-driven machinery shall first obtain from the forester a written permit, which shall require that the holder of the permit: Take reasonable precautions that in the judgment of the forester are necessary in the use o…
No operative statutory text appears at this designation in the selected edition.
Each permit issued under ORS 477.625 shall include: The legal description of the area upon which any operation is to be conducted, or an alternate description of the area permitted by the forester; The name and address of the operator and owner; and Any other information considered by the forester to be necessary for the administration of the rules promul…
The forester may issue the permits required in ORS 477.625 and suspend or revoke such permits because of violation of the terms thereof or noncompliance with this chapter. The forester shall refuse to issue a permit to any person for the conduct of an operation when, in the judgment of the forester, an excessive amount of forest debris in and around the oper…
During a fire season, every person using, operating or fueling a saw powered by an internal combustion engine inside or within one-eighth of one mile of a forest protection district shall comply with the rules of the State Forester relating thereto, promulgated for the prevention and suppression of fire.
During a fire season every person operating an internal combustion engine inside or within one-eighth of one mile of a forest protection district shall equip and maintain the engine in conformity with rules promulgated by the State Forester. These rules shall prescribe such equipment as reasonably is necessary to prevent the escape of fire from such an engin…
During a fire season every person operating a stationary internal combustion engine inside or within one-eighth of one mile of a forest protection district shall provide at each engine on an operation area a water supply, and equipment for its use in fire suppression, in conformity with rules promulgated by the State Forester. These rules shall prescribe suc…
During a fire season inside or within one-eighth of one mile of a forest protection district: Every person conducting an operation shall provide and maintain, at the operation area or at a location designated by the forester, fire-fighting tools that are in conformity with rules promulgated by the State Forester. The tools shall be used only for fighting fi…
During a fire season when in the judgment of the forester any operation inside or within one-eighth of one mile of a forest protection district has a fire hazard requiring additional protection, the operator shall provide such other facilities or services as the forester by written notice may direct.
During a fire season inside or within one-eighth of one mile of a forest protection district, every operator using power-driven machinery in an operation area shall provide fire watch service on the operation area. The fire watch service shall consist of not less than one competent person, who shall be constantly on duty at times prescribed by rules promulga…
During a fire season inside or within one-eighth of one mile of a forest protection district situated west of the summit of the Cascade Mountains, if the forestland in such district, or any part thereof, is susceptible in the judgment of the forester to damage by fire, the forester shall issue notice to that effect. Thereafter the use of fire in any form by …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Every person operating a railroad of any kind in this state inside or within one-eighth of one mile of a forest protection district shall annually or more often, if so ordered in writing by the forester, in a manner and to an extent ordered by the forester, destroy or remove all flammable growth and flammable material from the right of way of the railroad. A…
The State Forestry Department shall adopt rules to clarify that a person may: Conduct a prescribed fire that burns across land ownership boundaries if the person obtains a permit for the fire as described in ORS 477.515 or 477.625 and complies with the conditions of the permit. Obtain a single permit under ORS 477.515 or 477.625 for a prescribed fire that …
No operative statutory text appears at this designation in the selected edition.
It is unlawful for any person to start a campfire or other open fire without first clearing the area immediately around and above it of material that will carry fire, or leave a campfire or other open fire unattended, or permit a campfire or other open fire to spread. This section does not apply to any activity conducted in compliance with ORS 477.365, 477.5…
No operative statutory text appears at this designation in the selected edition.
It is unlawful, having accidentally set fire to any forestland, or any place from which fire may be communicated to forestland, to fail to extinguish the fire or use every possible effort so to do. It is unlawful, having built a fire on or near forestland, through carelessness or neglect to permit the fire to spread to or through the forestland.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
A person commits the offense of unlawful use of fire if the person: In the ignition of a fire: Unlawfully sets on fire, or causes to be set on fire, any grass, grain, stubble or other material being or growing on any lands within the state; Intentionally or negligently allows fire to escape from the person’s own land, or land of which the person is in pos…
In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred by the forester in suppressing fires on forestland caused by such minor child. However, a parent who is not entitled to legal custody of the minor child at the time of the fire shall not be liable for such damages. The le…
The State Forestry Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of State Lands and any other state agency with oversight responsibilities for state forestlands shall promote the effective use of state resources by adopting and implementing policies and management plans to begin efforts to re…
As used in this section, “small forestland owner” means an individual, group, federally recognized Indian tribe in Oregon or association that owns: Up to 160 acres of nonindustrial private forestland west of the crest of the Cascade Mountains; or Up to 640 acres of nonindustrial private forestland east of the crest of the Cascade Mountains. The State Fore…
The Oregon Forest Land Protection Fund is created, separate and distinct from the General Fund. The Oregon Forest Land Protection Fund shall be held by the State Treasurer as a trust fund for the uses and purposes provided in ORS 477.750 to 477.775. The State Treasurer shall deposit and invest moneys in the fund as provided by law, taking into account its …
As used in this section, “annual expenditure” means the expenses of the Oregon Forest Land Protection Fund obligated in any 12-month period, consistent with the fiscal year budgeting of the State Forestry Department. Notwithstanding ORS 291.238, the moneys in the Oregon Forest Land Protection Fund are continuously appropriated to the Emergency Fire Cost Com…
The Emergency Fire Cost Committee shall: Adopt rules relating to the administration of the Oregon Forest Land Protection Fund. Annually determine the unencumbered balance of the fund as of the end of the preceding calendar year.
No operative statutory text appears at this designation in the selected edition.
In addition to rules adopted under ORS 477.760, the Emergency Fire Cost Committee shall adopt rules relating to the disposition of moneys from the Oregon Forest Land Protection Fund. The rules may: Set forth a process for reviewing the disbursement of moneys from the fund; and Establish best practices for reviewing forest protection district budgets and em…
At the first regularly scheduled meeting of the Emergency Fire Cost Committee in a calendar year, the committee and the State Forester shall consult regarding the purchase of emergency fire suppression costs insurance and the level of coverage to purchase for the fire season of that year. In determining whether the purchase of insurance is advisable, the St…
As part of the preparation of the agency request budget submitted to the Oregon Department of Administrative Services pursuant to ORS 291.208 for the State Forestry Department, the State Forester shall prepare, in addition to any amounts budgeted for forest protection districts pursuant to ORS 477.205 to 477.281, a request for a General Fund appropriation fo…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
In collaboration with the Department of Consumer and Business Services, the Department of the State Fire Marshal shall establish and implement a grant program called the Wildfire Prepared Structure Program to facilitate the retrofitting of dwellings existing on September 26, 2025, as well as dwellings constructed following wildfire damage, to be resistant an…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The State Board of Forestry, by rule, shall establish the enforcement policy for violations prescribed in ORS 477.993. In determining the enforcement policy, the board may consider the following factors: Prior violation of the same or similar statutes, rules or orders. The gravity and magnitude of the violation. Whether the violations were repeated or con…
As used in this section: “Credible witness” means a person who has observed conduct alleged to constitute a violation and whose statement about the observation is reliable based on: The content of the observation; The circumstances around the observation; and Whether the observation is consistent with any other evidence. “Enforcement officer” means the …
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Violation of any of the provisions of ORS 477.510, 477.515, 477.535 to 477.550, 477.565, 477.615, 477.625, 477.635 to 477.670, 477.695, 477.710, 477.720 or 477.740, or any rule or order adopted pursuant thereto, is a violation punishable as follows: For the first offense, as a Class D violation. For the second offense, as a Class C violation. For the thir…