Oregon Revised Statutes
Chapter 527 — Pest Control; Forest Practices
132 sections527.020 [Amended by 1955 c.100 §1; 1957 c.33 §1; 1959 c.28 §1; repealed by 1971 c.316 §15]
527.030 [Amended by 1957 c.33 §2; 1959 c.28 §2; repealed by 1971 c.316 §15]
527.040 [Amended by 1955 c.100 §2; repealed by 1971 c.316 §15]
527.050 [Amended by 1953 c.195 §2; 1959 c.83 §1; repealed by 1971 c.316 §15]
527.060 [Amended by 1959 c.28 §3; repealed by 1971 c.316 §15]
527.070 [Repealed by 1971 c.316 §15]
527.080 [Amended by 1955 c.100 §3; 1957 c.33 §3; repealed by 1959 c.28 §9]
527.090 [Amended by 1955 c.100 §4; 1957 c.33 §4; repealed by 1959 c.28 §9]
527.091 [1959 c.28 §5; repealed by 1971 c.316 §15]
527.100 [Amended by 1957 c.33 §5; repealed by 1959 c.28 §9]
527.101 [1959 c.28 §6; repealed by 1971 c.316 §15]
527.110 [Amended by 1955 c.100 §5; 1957 c.33 §6; 1959 c.28 §7; repealed by 1971 c.316 §15]
527.120 [Repealed by 1971 c.316 §15]
527.140 [Amended by 1957 c.33 §7; repealed by 1971 c.316 §15]
527.150 [Repealed by 1971 c.316 §15]
527.160 [Amended by 1953 c.262 §2; 1957 c.33 §8; 1959 c.28 §8; 1961 c.221 §1; 1965 c.253 §148; repealed by 1971 c.316 §15]
527.170 [Amended by 1953 c.262 §2; 1961 c.221 §2; repealed by 1971 c.316 §15]
527.180 [Repealed by 1971 c.316 §15]
527.190 [Amended by 1953 c.262 §2; 1955 c.100 §6; 1961 c.221 §3; repealed by 1971 c.316 §15]
527.200 [Amended by 1953 c.262 §2; repealed by 1971 c.316 §15]
527.210 [Repealed by 1953 c.262 §2]
527.215 [1953 c.262 §3; 1955 c.100 §7; 1959 c.83 §2; repealed by 1971 c.316 §15]
527.220 [Amended by 1965 c.253 §149; repealed by 1971 c.316 §15]
527.230 [Repealed by 1971 c.316 §15]
527.240 [Amended by 1971 c.316 §13; renumbered 527.700]
PROHIBITED ACTS
527.260 Injuring forest tree of another or extracting pitch without, or in violation of, a permit prohibited; permit to extract pitch
No person shall willfully and unlawfully: Bore or cut any forest tree belonging to another for the purpose of extracting pitch; Cut, injure or deface any such tree for the purpose of taking any part of it; or Injure or destroy any such tree. The State Forester, with the consent of the owner of the land, shall issue permits for the extraction of pitch fro…
527.280 [1953 c.375 §24; 1957 c.654 §2; 1961 c.297 §8; 1965 c.253 §83; renumbered 477.440]
527.282 [1953 c.375 §25; 1961 c.297 §9; renumbered 477.445]
527.284 [1953 c.375 §26; 1957 c.309 §12; repealed by 1961 c.297 §12]
527.286 [1953 c.357 §27; 1957 c.309 §13; subsection (2) of 1959 Replacement Part enacted as 1957 c.216 §1; repealed by 1961 c.297 §12]
527.288 [1953 c.375 §28; 1961 c.297 §10; renumbered 477.450]
527.290 [1953 c.375 §29; renumbered 477.455]
527.292 [1953 c.375 §30; 1961 c.297 §11; renumbered 477.460]
527.294 [1961 c.689 §10; repealed by 1965 c.253 §153]
INTEGRATED PEST MANAGEMENT
527.310 Definitions for ORS 527.310 to 527.370
As used in and for the purposes of ORS 527.310 to 527.370: “Control” means reduction of resource losses or pest occurrences to an acceptable level by direct and immediate application of effective prevention, suppression or eradication strategies, or any combination thereof. “Eradication” means the implementation of strategies through host or pest destructi…
527.315 Process components
The integrated pest management process shall consist of: Defining the management unit or area of concern. Defining site specific management objectives that are compatible with the ecosystem of concern and that are achievable within the economic, logistical and regulatory constraints that apply. Establishing or maintaining routine detection and monitoring …
527.320 [Repealed by 1991 c.686 §11]
527.321 Implementation of process by State Forester
The State Forester shall implement the integrated pest management process as provided in ORS 527.315 on department-managed lands and encourage the process on other nonfederal lands by setting examples on department lands and through training workshops, demonstration areas and on-site technical advice.
527.330 [Repealed by 1991 c.686 §11]
527.335 Investigations by State Forester concerning pests; access to privately owned lands
The State Forester shall conduct surveys and evaluations on nonfederal forestlands to determine the presence, extent, trend and impact of native and exotic pests, as well as overall forest health monitoring. In so doing, the forester or representatives of the forester may go upon privately owned lands with permission of the respective owners thereof, and sho…
527.340 [Amended by 1955 c.116 §1; 1967 c.87 §2; repealed by 1991 c.686 §11]
527.341 Forestland owners to implement strategies to carry out resource management objectives
Every owner of forestlands or timber shall implement prevention and suppression strategies to meet their own forest resource management objectives.
527.346 State Forester to assist owners unable to take action against pest
Whenever the State Forester determines, using criteria approved by the State Board of Forestry, that owners are unable to take action against a pest that is threatening Oregon’s economic, social and environmental well-being, the State Forester shall, using funds appropriated by the Legislative Assembly, declare a control district and implement the appropriat…
527.350 [Amended by 1967 c.87 §3; repealed by 1991 c.686 §11]
527.360 Costs of eradication; state to contribute; unpaid costs to be charge against timber; collection of charge
Upon completion of any work authorized and performed under the provisions of ORS 527.346, the State Forester shall prepare a certified statement of the expenses necessarily incurred in performing the work. The state shall assist in the payment of control costs from funds available for that purpose. The balance of the expenses, after deducting the sum of such…
527.370 Disposition of receipts
All moneys collected under ORS 527.335 and 527.346, together with such moneys as have been and may be appropriated by the legislature for the purposes of ORS 527.310 to 527.370, and with such moneys as may be contributed by the federal government or any agencies or persons, shall be placed into the State Forestry Department Account.
527.380 [Repealed by 1991 c.686 §11]
527.390 [Amended by 1957 c.83 §12; repealed by 1967 c.34 §8]
527.400 [Repealed by 1991 c.686 §11]
527.410 [Repealed by 1957 c.83 §26]
527.420 [Repealed by 1957 c.83 §26]
527.430 [Repealed by 1957 c.83 §26]
527.510 [Repealed by 1991 c.686 §11]
527.520 [Repealed by 1975 c.771 §33]
527.530 [Repealed by 1975 c.302 §15]
527.540 [Repealed by 1991 c.686 §11]
OREGON FOREST PRACTICES ACT (Generally)
527.610 Short title
ORS 527.610 to 527.770, 527.990 and 527.992 are known as the Oregon Forest Practices Act.
527.620 Definitions for ORS 527.610 to 527.770
As used in ORS 527.610 to 527.770, 527.990 and 527.992: “Aquatic resource” means: A species addressed in the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, and the resources on which the species relies; or If a habitat conservation plan consistent with the Private Forest Accord Repo…
527.630 Policy; rules
Forests make a vital contribution to Oregon by providing jobs, products, tax base and other social and economic benefits, by helping to maintain forest tree species, soil, air and water resources and by providing a habitat for wildlife and aquatic life. Therefore, it is declared to be the public policy of the State of Oregon to encourage economically efficie…
527.633 Conversion of forestland to other uses
Nothing in the Oregon Forest Practices Act shall prevent the conversion of forestland to any other use.
527.640 Forest regions
The State Board of Forestry shall establish a number of forest regions, but not less than three, necessary to achieve the purposes described in ORS 527.630.
527.650 Forest practice committees; members; qualifications; appointment; terms
The State Board of Forestry shall establish a forest practice committee for each forest region established pursuant to ORS 527.640. Each such committee shall consist of nine members, a majority of whom must reside in the region. Members of each committee shall be qualified by education or experience in natural resource management and not less than two-thirds…
527.660 Committees to review rules
Each forest practice committee shall review proposed forest practice rules in order to assist the State Board of Forestry in developing rules appropriate to the forest conditions within its region. Committee recommendations are advisory only and the committees need not be consulted prior to the adoption of any forest practice rule.
527.662 [1997 c.413 §4; 1999 c.849 §105; 2003 c.75 §93; repealed by 2003 c.539 §37]
527.665 Notice of reforestation requirements to be given in forestland transfers; effect of failure to notify; damages
In any transaction for the conveyance of an ownership interest in forestland, the transferor must provide to the transferee, prior to the date of execution of the conveyance, written notice of any reforestation requirements imposed upon the land pursuant to the Oregon Forest Practices Act. The failure of the transferor to comply with subsection (1) of this …
527.670 Commencement of operations; rules; written plan; effect of plan; notice of chemical application; fees
The State Board of Forestry shall designate the types of operations for which notice shall be required under this section. The board shall identify by rule the types of operations that require a written plan. In addition to any other types of operations identified by the board, the board shall adopt rules to require a written plan for the following: An op…
527.672 Aerial herbicide applications
When a forest operation involves applying herbicides by aircraft near an inhabited dwelling or school, the operator is responsible for leaving an unsprayed strip of at least 60 feet adjacent to the dwelling or school. The responsibility of the operator under this section is in addition to any responsibility of the aerial pesticide applicator under ORS chapte…
527.674 Rules requiring approval of written plan prohibited
The State Board of Forestry may not adopt or enforce a rule under ORS 527.610 to 527.770 that requires that the board or the State Forester approve written plans as a required precedent to conducting a forest practice or operation.
527.675 [1995 s.s. c.3 §39g; repealed by 1996 c.9 §8 (527.676 enacted in lieu of 527.675)]
527.676 Leaving snags and downed logs in harvest type 2 or 3 units; green trees to be left near certain streams
In order to contribute to the overall maintenance of wildlife, nutrient cycling, moisture retention and other resource benefits of retained wood, when a harvest type 2 unit exceeding 25 acres or harvest type 3 unit exceeding 25 acres occurs the operator shall leave on average, per acre harvested, at least: Two snags or two green trees at least 30 feet in he…
527.678 Wildlife food plots; rules
As used in this section: “Forest tree species” has the meaning given that term in ORS 527.620. “Small forestland” means forestland as defined in ORS 527.620 that: Has an owner that owns or holds common ownership interest in at least 10 acres of Oregon forestland but less than 5,000 acres of Oregon forestland; and Constitutes all forestland within a singl…
527.680 Violation by operator; citation; order to cease violation; order to repair damage; temporary order where violation continuing; service on operator
Whenever the State Forester determines that an operator has committed a violation under ORS 527.990 (1), the State Forester may issue and serve a citation upon the operator or authorized representative. The State Forester shall cause a copy of the citation to be mailed or delivered to the timber owner and landowner. Whenever the State Forester determines tha…
527.683 Notice of violation
No civil penalty prescribed in ORS 527.992 shall be imposed until the person incurring the penalty has received notice in writing from the State Forester specifying the violation. Such notice is in addition to the notice required in ORS 183.745. The citation issued pursuant to ORS 527.680 (1) and the order issued pursuant to ORS 527.680 (2)(b) shall each c…
527.685 Civil penalty considerations; rules
The State Board of Forestry shall by rule establish the amount of civil penalty that may be imposed for a particular violation. Except as provided in subsections (5) and (6) of this section, a civil penalty may not exceed $10,000 per violation. In imposing a penalty authorized by this section, the State Forester may consider the following factors: The past…
527.687 Civil penalty procedure
Subject to the notice provisions of ORS 527.683, any civil penalty under ORS 527.992 shall be imposed in the manner provided in ORS 183.745. In no case shall a hearing requested under ORS 183.745 be held less than 45 days from the date of service of the notice of penalty to allow the party to prepare testimony. The hearing shall be held not more than 180 da…
527.690 Failure to comply with order to reforest or repair damage; estimate of cost of repair; notification; board authorization for repair; cost of repair as lien upon operator, timber owner or landowner
In the event an order issued pursuant to ORS 527.680 (2)(b) directs the repair of damage or correction of an unsatisfactory condition, including compliance with reforestation requirements, and if the operator or landowner does not comply with the order within the period specified in such order and the order has not been appealed to the State Board of Forestr…
527.700 Appeals from orders of State Forester; hearing procedure; rules; stay of operation
Any operator, timber owner or landowner affected by any finding or order of the State Forester issued under ORS 527.610 to 527.770 and 527.992 may request a hearing within 30 days after issuance of the order. The hearing shall be commenced within 14 days after receipt of the request for hearing and a final order shall be issued within 28 days of the request …
527.704 Program of inspections
The State Forester, or a representative of the State Forester, shall conduct a program of inspections of forestland within the operating areas of operations for which notifications are filed pursuant to ORS 527.670 (6), at regular intervals, to assess compliance with ORS 527.610 to 527.770 and rules and orders adopted or issued thereunder. The inspection ma…
527.706 Program of photogrammetric mapping; rules
As used in this section, “photogrammetric mapping” has the meaning given that term in ORS 672.002. To aid in monitoring compliance with ORS 527.610 to 527.770 and rules adopted thereunder, the State Board of Forestry shall adopt rules that: Require persons that file notifications pursuant to ORS 527.670 (6) to inform the State Forester when the operations …
527.710 Duties and powers of board; rules; inventory for resource protection; consultation with other agencies required
In carrying out the purposes of ORS 527.610 to 527.770, 527.990 (1) and 527.992, the State Board of Forestry shall adopt, in accordance with applicable provisions of ORS chapter 183, rules to be administered by the State Forester establishing standards for forest practices in each region or subregion. The rules shall ensure the continuous growing and harves…
527.711 Private Forest Accord rule package
The State Board of Forestry shall, as a single rule package following a single, consolidated rulemaking process: Adopt rules consistent with the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, to the extent that requirements in the Private Forest Accord Report do no…
527.712 Exemption for practices that comply with federal Endangered Species Act agreements
If a person is party to an agreement with the National Marine Fisheries Service or the United States Fish and Wildlife Service under the federal Endangered Species Act of 1973 (16 U.S.C. 1531 to 1544) and is engaging in a forest practice in compliance with the agreement, the forest practice is not subject to provisions of ORS 527.610 to 527.770 or rules adop…
527.713 [1995 s.s. c.3 §39n; repealed by 1996 c.9 §15 (527.714 enacted in lieu of 527.713)]
(Rulemaking and State and Local Government Coordination)
527.714 Types of rules; procedure; findings necessary; rule analysis
The rulemaking authority of the State Board of Forestry under ORS 527.610 to 527.770 consists generally of the following three types of rules: Rules adopted to implement administration, procedures or enforcement of ORS 527.610 to 527.770 that support but do not directly regulate standards of forest practices. Rules adopted to provide definitions or procedu…
527.715 Rules to establish standards and procedures
The State Board of Forestry shall establish, by rule, the standards and procedures to implement the provisions of ORS 197.180, 197.270, 197.825, 215.050, 477.440, 477.455, 477.460, 526.009, 526.016, 526.156, 527.620, 527.630, 527.660, 527.670, 527.683 to 527.724, 527.736 to 527.760 and 527.992.
527.720 [1971 c.316 §5a; repealed by 1987 c.919 §15 (527.721 enacted in lieu of 527.720)]
527.721 Coordination with state and local agencies for review and comment on operations
By rule or by cooperative agreement entered into following an opportunity for public comment before the State Board of Forestry, the board shall provide for coordination with appropriate state and local agencies regarding procedures to be followed for review and comment on individual forest operations.
527.722 Restrictions on local government adoption of rules regulating forest operations; exceptions
Notwithstanding any provisions of ORS chapters 195, 196, 197, 197A, 215 and 227, and except as provided in subsections (2), (3) and (4) of this section, no unit of local government shall adopt any rules, regulations or ordinances or take any other actions that prohibit, limit, regulate, subject to approval or in any other way affect forest practices on fores…
527.724 Forest operations to comply with air and water pollution control rules and standards; effect of violation
Subject to ORS 527.765 and 527.770, any forest operations on forestlands within this state shall be conducted in full compliance with the rules and standards of the Environmental Quality Commission relating to air and water pollution control. In addition to all other remedies provided by law, any violation of those rules or standards shall be subject to all …
527.725 [1975 c.185 §5; repealed by 1975 c.185 §6]
527.726 [1979 c.400 §4; 1983 c.827 §55; repealed by 1987 c.919 §29]
527.730 [1971 c.316 §12; 1991 c.634 §8; renumbered 527.633 in 2023]
(Adaptive Management)
527.731 Adaptive management program; rules
It is the policy of the State of Oregon that regulation of forest practices for the protection of aquatic species shall, in addition to other statutory requirements, be subject to a process of adaptive management, whereby goals and objectives are validated, and modified if necessary, and forest practice rules are monitored for effectiveness relative to the g…
527.732 Adaptive Management Program Committee; rules
The Adaptive Management Program Committee is established as an advisory committee to the State Board of Forestry. The committee shall consist of 10 voting members and up to three nonvoting members. The board shall select a voting member from among two candidates recommended by each of the following 10 entities: The Oregon Forest and Industries Council. T…
527.733 Independent Research and Science Team; rules
The Independent Research and Science Team is established as an advisory committee to the State Board of Forestry. The team shall consist of an odd number of at least five voting members. The voting members must: Have demonstrated subject matter expertise in a relevant field and a graduate-level degree in a relevant natural resources-related field such as f…
527.734 Considering reports on rules relating to aquatic resources
Subject to subsection (2) of this section, the State Board of Forestry may not adopt, amend or repeal a rule described in ORS 527.714 (1)(c) that relates to aquatic resources until the board has first received and considered reports that pertain to the rule from the Adaptive Management Program Committee and the Independent Research and Science Team described…
527.735 [1987 c.919 §6a; renumbered 526.156 in 1991]
(Harvest Type; Water Quality Regulation)
527.736 Forest practice standards for operations on public and private land; exceptions; rules
The standards established in ORS 527.740 to 527.750 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 the State Board of Forestry shall adopt, repeal or amend forest practice rules as necessary to be c…
527.738 Riparian prescriptions; small forestland owner minimum option; rules
As used in this section: “Common ownership” means direct ownership by one or more individuals or ownership by a corporation, partnership, association or other entity in which an individual owns a significant interest. “Small forestland owner minimum option” means any small forestland owner minimum option available for small forestland owners pursuant to ru…
527.739 Application of restrictions related to small forestland owner minimum option; rules
In any tax year that a tax credit allowed for use of the standard practice in lieu of the small forestland owner minimum option is not available to small forestland owners, State Board of Forestry rules must provide that restrictions on using the small forestland owner minimum option related to the horizontal feet limitation applicable to fifth field watersh…
527.740 Harvest type 3 limitations; exceptions
No harvest type 3 unit within a single ownership shall exceed 120 acres in size, except as provided in ORS 527.750. 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 w…
527.745 Reforestation of certain harvest types; adoption of standards; rules
The State Board of Forestry shall adopt standards for the reforestation of harvest type 1 and harvest type 3. Unless the board makes the findings for alternate standards under subsection (2) of this section, the standards for the reforestation of harvest type 1 and harvest type 3 shall include the following: Reforestation, including site preparation, shall …
527.750 Exceeding harvest type 3 size limitation; conditions; rules
Notwithstanding the requirements of ORS 527.740, a harvest type 3 unit within a single ownership that exceeds 120 acres but does not exceed 240 acres may be approved by the State Forester if all the requirements of this section and any additional requirements established by the State Board of Forestry are met. Proposed harvest type 3 units that are within 30…
527.755 Scenic highways; visually sensitive corridors; operations restricted; exemptions
The following highways are hereby designated as scenic highways for purposes of the Oregon Forest Practices Act: Interstate Highways 5, 84, 205, 405; and State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35, 36, 38, 42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234 and 395. The purpose of designating scenic highways is to provide a limited mecha…
527.760 Reforestation exemptions for land use changes
The State Board of Forestry shall review its rules governing changes in land use and adopt or amend rules as necessary to assure that only bona fide, established and continuously maintained changes from forest uses are provided an exemption from reforestation requirements. The board shall set specific time periods for the completion of land use conversions. …
527.765 Best management practices to maintain water quality; rules
The State Board of Forestry shall establish best management practices and other rules applying to forest practices as necessary to insure that to the maximum extent practicable nonpoint source discharges of pollutants resulting from forest operations on forestlands do not impair the achievement and maintenance of water quality standards established by the En…
527.770 Good faith compliance with best management practices not violation of water quality standards; subsequent enforcement of standards
A forest operator conducting, or in good faith proposing to conduct, operations in accordance with best management practices currently in effect shall not be considered in violation of any water quality standards. When the State Board of Forestry adopts new best management practices and other rules applying to forest operations, such rules shall apply to all…
527.780 Exemption from liability for trees or debris left on property
A landowner is not liable in tort for any personal injury, death or property damage that arises out of the leaving of trees and other debris on the property of the landowner under the provisions of ORS 527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770, or under any other law or rule requiring trees and debris to be left upon prop…
527.785 Exemption from liability for large woody debris left on property
A landowner is not liable in tort for any personal injury, death or property damage that arises out of the leaving of large woody debris on the property of the landowner under the provisions of ORS 527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770, or under any other law or rule requiring trees and large woody debris to be left u…
527.786 Definitions
As used in ORS 527.786 to 527.793: “Department reporting system” means a forest activity electronic reporting and notice system operated by the State Forestry Department. “Nearby recipient” means a person registered under ORS 527.787: Whose parcel location information is reconciled under ORS 527.787 (2) with a tax lot that is in whole or in part less than…
527.787 Registering to receive notice of pesticide application
A person may register with the State Forestry Department to receive notices of proposed or scheduled pesticide applications by helicopter to forestland near the residence of the person. To obtain registration, the person must provide the department with: A description of the parcel where the person resides; Proof satisfactory to the department that the per…
527.788 Notice to State Forestry Department of proposed pesticide application
To the extent of any conflict between this section and ORS 527.610 to 527.770, the provisions of this section prevail. Notwithstanding ORS 527.670, an operator, timber owner or landowner proposing to conduct a pesticide application by helicopter to forestland shall send the State Forestry Department notice of the proposed pesticide application that includes…
527.789 Notice to nearby recipient of proposed pesticide application
Upon receipt of a notice under ORS 527.788 (2), a State Forestry Department reporting system shall provide the operator, timber owner or landowner that provided the notice with a list of, and contact information for, any nearby recipients for the proposed pesticide application. Two weeks after receiving a notice under ORS 527.788 (2), and on the date of rec…
527.790 Notice to State Forestry Department prior to pesticide application
An operator, timber owner or landowner that sends notice under ORS 527.788 of a proposed pesticide application by helicopter to forestland shall notify the State Forestry Department prior to the pesticide application by helicopter being made. A notice under this section must: Be made by electronic communication to a department reporting system; Be sent to …
527.791 Verifying completion of pesticide application
If a forestland unit identified in a notice sent under ORS 527.790 receives an incomplete pesticide application on the date specified in the notice, the operator, timber owner or landowner shall send a notice of incompletion to a State Forestry Department reporting system no later than 24 hours after the end of the date specified for the application in the n…
527.792 Designation of forestland units
If the State Forestry Department receives a notice under ORS 527.790, at the beginning of the 90-day period identified in the notice, the department shall designate the forestland units identified in the notice as being in available status. Except as provided in subsection (2) of this section, the department shall terminate the available status of a forestla…
527.793 Failure to send notice; penalties
As used in this section, “spray season” means a period that: Begins on January 1 and ends on June 30 in the same calendar year; or Begins on July 1 and ends on December 31 in the same calendar year. If an operator, timber owner or landowner fails to timely send a notice under ORS 527.790 or timely send a notice of incompletion or completion verification u…
527.794 Department reporting system
As used in this section, “department reporting system” has the meaning given that term in ORS 527.786. The State Forestry Department shall develop a system to allow nondepartment messages to nearby recipients described in ORS 527.789 (1), notices under ORS 527.790 and notices of incompletion or completion verifications under ORS 527.791 to be sent electroni…
527.795 Daily spray records; penalties
As used in this section: “Daily spray records” means records required of a pesticide operator under ORS 634.146. “Geographic information system data” means the electronic location data recorded during a pesticide application by helicopter. “Health provider” means a person holding a license, certificate or permit issued under Oregon law to provide the diag…
527.796 Interference with pesticide application; penalties
As used in this section: “Interfere”: Means to use force, violence or action that impedes a pesticide application by helicopter to forestland. Does not mean: The memorializing of pesticide application activities through photography, videotaping, audiotaping or other creation of an electronic record by a person on public property or on private property wh…
527.797 Limitations on pesticide applications
As used in this section: “Department reporting system,” “pesticide” and “water use qualifying for a spray buffer” have the meanings given those terms in ORS 527.786. “Flowing water” means surface water is present at the time of a pesticide application. “Inhabited dwelling” means a structure or part of a structure used as a home, residence or sleeping plac…
527.798 Reporting points of diversion
As used in this section, “department reporting system” and “water use qualifying for a spray buffer” have the meanings given those terms in ORS 527.786. The State Forestry Department shall record in the department reporting system any points of diversion inventoried by the Water Resources Department that are: For a water use qualifying for a spray buffer; …
527.799 Implementing pesticide application provisions; rules
The State Forestry Department may adopt rules to implement the provisions of ORS 527.786 to 527.793, 527.794, 527.795, 527.796, 527.797 and 527.798. Note: 527.799 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
527.800 [1985 c.347 §1; repealed by 1993 c.792 §55]
527.805 [1985 c.347 §2; repealed by 1993 c.792 §55]
527.810 [1985 c.347 §3; repealed by 1993 c.792 §55]
MISCELLANEOUS PRIVATE FOREST ACCORD PROVISIONS
527.820 Just compensation exemption
The Legislative Assembly intends that a person is not entitled to just compensation under ORS 195.305 to 195.336 for any restriction placed on the use of real property by a rule adopted or amended by the State Board of Forestry: As part of the rule package described in ORS 527.711. After the board has considered reports that pertain to the rule from the Ad…
527.822 Reports to Legislative Assembly
The State Board of Forestry shall report annually to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245, on progress in implementing the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022. [2022 c.33 §…
527.840 Program of assistance related to loss of tree canopy
The State Forestry Department shall develop and implement a program to provide technical and financial assistance to public bodies as defined in ORS 174.109, tribal governments, watershed councils as defined in ORS 541.890 and community-based organizations for planning for, responding to and recovering from damage to habitats and urban tree canopies due to p…
527.990 Criminal penalties
Subject to ORS 153.022, violation of ORS 527.670, 527.672, 527.676, 527.740, 527.750, 527.755, 527.788 or 527.797, or any rule promulgated under ORS 527.706, 527.710 or 527.711, is a Class A misdemeanor. Each day of operation in violation of an order issued under ORS 527.680 (3) shall be deemed to be a separate offense. Violation of ORS 527.260 (1) is a Cla…
527.992 Civil penalties
In addition to any other penalty provided by law, any person who fails to comply with any of the following may incur a civil penalty in the amount adopted under ORS 527.685: The requirements of ORS 527.670, 527.672, 527.676, 527.740, 527.750, 527.755, 527.788 or 527.797. The terms or conditions of any order of the State Forester issued in accordance with O…