Oregon Law
Law as of Jan 1, 2024
Chapter contents
477.001Definitions 477.002[Amended by 1953 c.68 §19; subsection (2) of 1957 Replacement Part enacted as 1953 c.372 §2; subsection (5) of 1957 Replacement Part enacted as 1953 c.152 §1; amended by 1955 c.158 §1; repealed by 1959 c.363 §1 (477.001 enacted in lieu of 477.002)] 477.003[1959 c.363 §20; repealed by 1961 c.351 §1] 477.004[Repealed by 1965 c.253 §153] 477.005Policy 477.006[Repealed by 1965 c.253 §153] 477.008[Amended by 1965 c.253 §87; renumbered 477.360] 477.009Investigative authority of Attorney General for fire protection administration 477.010[Repealed by 1965 c.253 §153] 477.012[Amended by 1965 c.253 §88; renumbered 477.365] 477.013Smoke management plan; rules 477.014[Amended by 1965 c.253 §89; renumbered 477.370] 477.015Definitions 477.016[1963 c.107 §8; amended by 1965 c.253 §72; renumbered 477.300] 477.017[1997 c.429 §§4,5,7; 2007 c.30 §1; repealed by 2021 c.592 §34] 477.018[2019 c.136 §1; repealed by 2021 c.592 §34] 477.020[1959 c.408 §§1,2,3,4,5; repealed by 1965 c.253 §153] 477.022[1953 c.372 §1; 1961 c.603 §2; renumbered 477.005] 477.023[1997 c.429 §6; 2007 c.30 §2; repealed by 2021 c.592 §34] 477.024[1953 c.372 §3; 1955 c.318 §1; 1965 c.253 §57; renumbered 477.210] 477.025Variability of wildland-urban interface fire protection problems 477.026[1953 c.372 §4; 1965 c.253 §59; renumbered 477.225] 477.027Establishment of classes of wildland-urban interface; rules 477.028[1953 c.372 §5; 1957 c.83 §6; 1959 c.363 §3; 1963 c.107 §1; repealed by 1965 c.253 §153] 477.029[1997 c.429 §11; 2007 c.30 §4; repealed by 2021 c.592 §34] 477.030[1953 c.372 §6; 1959 c.363 §4; 1965 c.253 §60; 1965 c.312 §1; renumbered 477.230] 477.031[1997 c.429 §§12,13; 2007 c.30 §5; repealed by 2021 c.592 §34] 477.032[Renumbered 477.062] 477.033[1953 c.372 §7; 1955 c.318 §2; 1957 c.83 §7; 1961 c.603 §3; 1963 c.107 §2; 1965 c.253 §69; 1965 c.312 §2; 1965 c.428 §10; renumbered 477.270] 477.034[Amended by 1953 c.661 §2; renumbered 477.064] 477.035[1953 c.372 §8; 1965 c.253 §70; 1965 c.312 §3; renumbered 477.285] 477.036[Amended by 1953 c.661 §2; renumbered 477.066] 477.037[1953 c.372 §9; 1959 c.363 §5; 1961 c.603 §5; repealed by 1965 c.253 §153] 477.038[Amended by 1953 c.661 §2; renumbered 477.068] 477.039[1953 c.372 §10; 1963 c.107 §3; 1965 c.253 §71; renumbered 477.291] 477.040[Amended by 1953 c.661 §2; renumbered 477.070] 477.041[1953 c.372 §11; 1965 c.253 §61; renumbered 477.235] 477.042[Amended by 1953 c.661 §2; renumbered 477.071 and then 477.067] 477.043[1953 c.372 §§12,16; 1957 c.32 §1; 1965 c.253 §64; renumbered 477.245] 477.044[Repealed by 1953 c.372 §22] 477.045[1953 c.372 §13; 1965 c.253 §65; renumbered 477.250] 477.046[Repealed by 1953 c.372 §22] 477.047[1953 c.372 §14; 1965 c.253 §66; renumbered 477.255] 477.048[Repealed by 1953 c.372 §22] 477.049[1953 c.372 §15; 1965 c.253 §67; renumbered 477.260] 477.050[Amended by 1953 c.37 §2; renumbered 477.073] 477.051[1953 c.372 §17; 1965 c.253 §68; renumbered 477.265] 477.052[1997 c.429 §14; 2007 c.30 §6; repealed by 2021 c.592 §34] 477.053[1953 c.372 §18; 1955 c.318 §3; 1961 c.603 §6; 1965 c.253 §58; renumbered 477.220] 477.054[1997 c.429 §15; 2007 c.30 §7; repealed by 2021 c.592 §34] 477.055[1953 c.372 §19; repealed by 1965 c.253 §153 and 1965 c.428 §18] 477.056[1965 c.253 §47 (enacted in lieu of 477.070); 1967 c.429 §57; renumbered 477.120] 477.057[1997 c.429 §16; 2007 c.30 §8; repealed by 2021 c.592 §34] 477.058[1965 c.253 §49 (enacted in lieu of 477.148); 1967 c.429 §58; renumbered 477.130] 477.059[1997 c.429 §17; 2007 c.30 §9; repealed by 2021 c.592 §34] 477.060[1997 c.429 §18; 2001 c.361 §1; 2007 c.30 §10; repealed by 2021 c.592 §34] 477.061[1997 c.429 §2; 2007 c.30 §11; repealed by 2021 c.592 §34] 477.062Inadequately protected forestland declared nuisance; notice to protect; work at expense of owner; collection of amount expended 477.064Uncontrolled fire declared nuisance 477.066Duty of owner and operator to abate fire; abatement by authorities 477.067Notice of fire 477.068Liability for cost of abatement; interest; lien; foreclosure; attorney fees 477.069Negligence in origin and in failure to control fire may be united in one complaint 477.070[Formerly 477.040; 1955 c.218 §2; 1959 c.363 §7; 1961 c.603 §10; 1963 c.107 §4; repealed by 1965 c.253 §46 (477.056 enacted in lieu of 477.070)] 477.071[Formerly 477.042; 1961 c.603 §11; 1965 c.253 §52; renumbered 477.067] 477.072[Repealed by 1953 c.372 §22] 477.073[Formerly 477.050; 1957 c.83 §8; repealed by 1965 c.253 §153] 477.074[Repealed by 1953 c.372 §22] 477.076[Repealed by 1953 c.372 §22] 477.078[Repealed by 1953 c.372 §22] 477.080[Repealed by 1953 c.372 §22] 477.082[Repealed by 1953 c.372 §22] 477.085Liability for cost of protecting land within a forest protection district 477.089Recovery for property damage; liability for firefighting costs 477.090[Formerly 477.310; 1971 c.743 §384; 1987 c.919 §18; repealed by 2013 c.307 §8] 477.092Liability for destruction of property by wildfire 477.095Applicability of ORS 477.068, 477.085 and 477.089 477.100Ability of owner to suppress fire; limitation 477.101[1959 c.363 §19; 1965 c.253 §135; repealed by 1965 c.428 §§8,18] 477.102[Repealed by 1953 c.372 §22] 477.104[Repealed by 1953 c.372 §22] 477.106[Repealed by 1953 c.372 §22] 477.108[Repealed by 1953 c.372 §22] 477.110[Repealed by 1953 c.372 §22] 477.112[Repealed by 1953 c.372 §22] 477.120Liability of owner or operator 477.123Volunteer fighters of wildfires 477.125Liability of forest protective associations, rangeland protection associations and public bodies; limitations 477.128Expenditures for criminal defense related to fire suppression activities 477.130[Formerly 477.058; 1971 c.743 §386; 1973 c.46 §3; 1997 c.274 §3b; repealed by 1999 c.355 §17] 477.132[Repealed by 1953 c.375 §38] 477.133[1953 c.375 §31; 1957 c.309 §10; 1965 c.253 §79; renumbered 477.420] 477.134[Repealed by 1953 c.375 §38] 477.135[1953 c.375 §32; 1957 c.309 §11; 1965 c.253 §80; renumbered 477.425] 477.136[Repealed by 1953 c.375 §38] 477.142[1963 c.454 §2; 1965 c.253 §73; renumbered 477.315] 477.144[1963 c.454 §3; 1965 c.253 §74; renumbered 477.320] 477.146[1963 c.454 §4; 1965 c.253 §75; renumbered 477.325] 477.148[1963 c.454 §5; repealed by 1965 c.253 §48 (477.058 enacted in lieu of 477.148)] 477.150Smoke detection cameras 477.152[Amended by 1953 c.68 §19; 1955 c.450 §1; 1959 c.363 §8; 1961 c.603 §12; 1963 c.107 §5; repealed by 1965 c.253 §153] 477.154[Amended by 1953 c.68 §19; 1963 c.107 §6; repealed by 1965 c.253 §153] 477.155Wildfire response capacity 477.156[Amended by 1953 c.68 §19; 1965 c.253 §99; renumbered 477.535] 477.158[Amended by 1953 c.68 §19; 1957 c.32 §2; 1959 c.363 §9; 1965 c.253 §101; renumbered 477.545] 477.160[Amended by 1953 c.68 §19; 1965 c.253 §100; renumbered 477.540] 477.161Fire protection for lands outside forest protection districts 477.162[Amended by 1965 c.253 §102; renumbered 477.550] 477.164[Amended by 1953 c.302 §2; renumbered 476.715] 477.165[1953 c.68 §14; 1965 c.253 §94; renumbered 477.510] 477.175Definition of “all possible aid” for agreement 477.180Ratification of amendment to agreement; withdrawal if Legislative Assembly fails to ratify amendment 477.182[Amended by 1965 c.253 §111; renumbered 477.645] 477.184[Amended by 1953 c.68 §19; 1955 c.158 §2; 1965 c.253 §112; renumbered 477.650] 477.185Use of local fire protection resources 477.186[Amended by 1953 c.68 §19; 1955 c.158 §3; 1957 c.32 §3; 1965 c.253 §113; renumbered 477.655] 477.187[1953 c.68 §8; 1955 c.158 §4; 1965 c.253 §114; renumbered 477.660] 477.188[Amended by 1953 c.68 §19; 1955 c.158 §5; 1965 c.253 §115; 1965 c.428 §§13,14; renumbered 477.665] 477.190Authority of Governor to carry out agreement 477.195Ratification of Northwest Wildland Fire Protection Agreement 477.200Northwest Wildland Fire Protection Agreement 477.205Definitions for ORS 477.205 to 477.281 477.210Duty of owner to protect forestland; forester’s duty to provide protection upon noncompliance 477.212[Amended by 1953 c.68 §19; 1965 c.253 §104; renumbered 477.615] 477.214[Repealed by 1953 c.68 §19] 477.215[1953 c.68 §16; 1965 c.253 §105; renumbered 477.620] 477.216[Amended by 1953 c.68 §19; repealed by 1957 c.32 §4 (477.217 enacted in lieu of 477.216)] 477.217[1957 c.32 §5 (enacted in lieu of 477.216); 1959 c.363 §10; 1965 c.253 §117; renumbered 477.565] 477.218[Amended by 1953 c.68 §19; 1965 c.253 §103; renumbered 477.605] 477.220Lands not provided protection; lands not included within ORS 477.205 to 477.281 477.225Establishment and change of forest protection districts; rules 477.230Basis for computing cost of protection provided by forester; costs to be in accordance with budget 477.232Costs in excess of budget; amounts not expended 477.235Forester to prepare tentative budget estimates for districts 477.240Advisory and guidance committees 477.242[Amended by 1959 c.363 §11; 1965 c.253 §118; renumbered 477.570] 477.244[Amended by 1953 c.68 §19; 1961 c.123 §2; 1961 c.603 §13; 1965 c.253 §119; 1965 c.428 §§15,16; renumbered 477.575] 477.245Owners entitled to be heard on budget matters; public budget meetings to be held in district 477.246[Amended by 1965 c.253 §122; renumbered 477.685] 477.248[Amended by 1965 c.253 §123; renumbered 477.690] 477.250Notice of budget meeting; notice of proposed assessment 477.255Holding of budget meeting; revision and submission of budget for final approval 477.260Appeal to board 477.265Board to deal with budgets annually 477.270Budgeted cost of forester to be lien; collection; deposit of amounts collected 477.272[Repealed by 1953 c.152 §10] 477.274[Repealed by 1953 c.152 §10] 477.275[1981 c.321 §14; 1983 c.109 §1; repealed by 1989 c.769 §6] 477.276[Repealed by 1953 c.152 §10] 477.277Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund 477.278[Repealed by 1953 c.152 §10] 477.280[Repealed by 1953 c.152 §10] 477.281Limitation on obligation of landowner for fire protection 477.282[1953 c.152 §2; 1965 c.253 §116; renumbered 477.670] 477.284[1953 c.152 §3; repealed by 1965 c.253 §153] 477.285[Formerly 477.035; repealed by 1989 c.769 §6] 477.286[1953 c.152 §4; 1965 c.253 §106; renumbered 477.625] 477.288[1953 c.152 §5; 1965 c.253 §109; renumbered 477.635] 477.290[1961 c.603 §14; 1965 c.253 §110; renumbered 477.640] 477.291[Formerly 477.039; repealed by 1999 c.355 §17] 477.295Minimum assessment under ORS 477.270; combining lots; fees; rules 477.300Use of funds in State Forestry Department Account for capital outlay expenditures of district 477.302[Amended by 1965 c.253 §126; renumbered 477.705] 477.304[Amended by 1965 c.253 §127; renumbered 477.710] 477.305Forester to enforce prohibition against littering on forestland in districts 477.306[Amended by 1965 c.253 §132; renumbered 477.730] 477.308[Amended by 1965 c.253 §133; renumbered 477.735] 477.310[Amended by 1959 c.363 §12; 1965 c.253 §134; renumbered 477.090] 477.312[Amended by 1959 c.363 §13; repealed by 1965 c.253 §153] 477.314[Repealed by 1965 c.253 §153] 477.315Definitions for ORS 477.315 to 477.325 477.317State Forester assistance to rangeland protection association 477.320Request of rangeland owners for protection; hearings; determination; cooperative agreements for protection 477.325Budget for rangeland protection; collection of costs; disposition of receipts 477.355Fire wardens generally 477.360Duties of fire warden for forest protection district 477.365Duties and powers of wardens 477.370[Formerly 477.014; 1987 c.158 §104; repealed by 1997 c.274 §55] 477.375[1965 c.253 §91; repealed by 1997 c.274 §55] 477.405[1965 c.253 §77; repealed by 1967 c.429 §23 (477.406 enacted in lieu of 477.405)] 477.406Cooperative contracts or agreements for forest protection or forest related activities; negotiation 477.408Provisions of contract or agreement 477.409Contracts for off-season services for fire prevention and suppression personnel 477.410Liability of parties; responsibility for equipment; unemployment insurance and workers’ compensation; sovereign immunity 477.412Disposition and use of moneys received by forester under contract or agreement 477.415Definitions for ORS 477.440 to 477.460 477.420[Formerly 477.133; repealed by 1967 c.429 §61] 477.425[Formerly 477.135; 1967 c.429 §13; 1977 c.182 §2; repealed by 1981 c.321 §12] 477.430[1965 c.253 §82; 1967 c.429 §5; repealed by 1981 c.321 §12] 477.440Emergency Fire Cost Committee; members; terms; vacancies 477.445Distribution of fire emergency funds by committee 477.450Election of committee chairperson 477.455Meetings of committee; committee administrator 477.460Duties of administrator; compensation and expenses 477.490Statewide wildfire hazard map; rules 477.502Landscape Resiliency Fund 477.503Reduction of wildfire risk 477.504No effect on management of private lands 477.505State Forester may declare fire season in district 477.510Acts prohibited during fire season 477.512Additional acts prohibited during fire season 477.515Permits required for fires on forestlands; waiver; permit conditions; cooperative agreements for permit administration; rules 477.520Refusal, suspension or revocation of permits 477.525[1965 c.253 §97; repealed by 1967 c.429 §14 (477.526 enacted in lieu of 477.525)] 477.526[1967 c.429 §15 (enacted in lieu of 477.525); repealed by 1969 c.204 §8] 477.530[1965 c.253 §98; repealed by 1997 c.274 §55] 477.532Regional air quality authority’s functions limited 477.535Forester may proclaim forestland subject to restricted uses; coordination of state and federal land restrictions 477.540Notice of proclamation; suspension or termination; reinstatement 477.545Restricted uses during closure 477.550Violation of restrictions; access for fire fighting permitted 477.552Policy 477.554Program establishment; content 477.556Advisory committee; membership; terms; staff 477.558Functions for advisory committee 477.560Oregon Forest Smoke Management Account; moneys paid to account; use 477.562Registration fee; rules 477.565Felling dead trees and snags; rules 477.570[Formerly 477.242; repealed by 1973 c.46 §8] 477.575[Formerly 477.244; 1969 c.680 §3; 1973 c.46 §4; repealed by 1987 c.154 §1] 477.580Determination of additional fire hazards; notice to landowner; plan for reducing hazard; release from liability 477.585[1967 c.429 §56; repealed by 1973 c.46 §8] 477.605Enjoining violations of ORS 477.615 and 477.645 to 477.655 477.610Standardization of fire-fighting equipment used to protect forestland; rules 477.615Additional water supply and equipment; rules 477.620[Formerly 477.215; repealed by 1995 c.605 §1] 477.625Permit to use fire or power-driven machinery; exception; conditions; waiver of permit 477.627[1975 c.185 §3; repealed by 1975 c.185 §6] 477.630Information in permit 477.635Authority to issue, refuse, suspend or revoke permit 477.640Use and refueling of power saws 477.645Internal combustion engines; rules 477.650Stationary internal combustion engines; rules; waiver 477.655Fire-fighting tools and equipment at operation area and on trucks; rules 477.660Additional protection facilities or services at operation area 477.665Fire watch service; rules; waiver 477.670When use of fire or power-driven machinery prohibited 477.685[Formerly 477.246; repealed by 1995 c.605 §1] 477.690[Formerly 477.248; repealed by 1995 c.605 §1] 477.695Removal of flammable material from railroad rights of way 477.698Permits for prescribed fires; rules 477.705[Formerly 477.302; repealed by 1983 c.327 §16] 477.710Starting of campfire or other open fire restricted; exceptions 477.715[1965 c.253 §129; repealed by 1971 c.743 §432] 477.720Accidentally setting fire to forestland; failure to prevent spread 477.730[Formerly 477.306; repealed by 1971 c.743 §432] 477.735[Formerly 477.308; 1971 c.743 §389; repealed by 1987 c.905 §37] 477.740Unlawful use of fire 477.745Liability of parents for costs of suppressing fire caused by minor child 477.747Policies and plans for restoration of burned forestland 477.748Small forestland grant program 477.750Oregon Forest Land Protection Fund; source; use 477.755Appropriation of fund; limitation on expenditures 477.760Reserve base of fund fixed; annual determination of excess over base; tax levies and assessments to maintain base 477.765[1969 c.524 §5; repealed by 1985 c.759 §40] 477.770Rules relating to use of fund 477.775Emergency fire suppression costs insurance; considerations; payment of premium from fund 477.777Agency request budget; expenditures; report 477.780[1969 c.524 §14; repealed by 1985 c.759 §40] 477.805[1967 c.429 §37; repealed by 1985 c.759 §40] 477.810[1961 c.689 §2; 1965 c.253 §145; repealed by 1967 c.429 §61] 477.820[1961 c.689 §3; 1967 c.429 §39; repealed by 1985 c.759 §40] 477.830[1961 c.689 §§4,5(3); 1969 c.524 §11; 1977 c.182 §4; 1981 c.321 §2; repealed by 1985 c.759 §40] 477.840[1961 c.689 §5(1),(2); repealed by 1969 c.524 §15] 477.850[1961 c.689 §6; repealed by 1985 c.759 §40] 477.880Acreage assessment; east side forestlands; certain forestlands west of Cascade Mountains; rate 477.885[1969 c.524 §9; repealed by 1985 c.759 §40] 477.910[1959 c.320 §1; 1965 c.253 §146; repealed by 1967 c.429 §61] 477.920[1959 c.320 §7; repealed by 1985 c.759 §40] 477.930[1959 c.320 §2; 1967 c.429 §41; repealed by 1985 c.759 §40] 477.940[1959 c.320 §3; 1967 c.429 §42; 1969 c.524 §12; 1981 c.321 §4; repealed by 1985 c.759 §40] 477.950[1959 c.320 §4; 1961 c.689 §7; 1965 c.428 §17; repealed by 1969 c.524 §15] 477.960Collection of assessment 477.970Disposition of receipts 477.980Enforcement policy; rules; factors considered 477.985Enforcement procedure 477.990[Amended by 1953 c.68 §19; subsection (5) of 1957 Replacement Part enacted as 1953 c.68 §17; subsections (11) and (12) of 1957 Replacement Part enacted as 1953 c.152 §§6,7; repealed by 1959 c.363 §14 (subsections (1) to (5) of 477.993 (1963 Replacement Part) enacted in lieu of 477.990)] 477.992[Repealed by 1959 c.363 §21] 477.993Penalties

Chapter 477 — Fire Protection of Forests and Vegetation

ORS 477.092 Liability for destruction of property by wildfire

(1)

As used in this section, “wildfire” has the meaning given that term in ORS 477.089.

(2)

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:

(a)

An action or inaction of the person constituted negligence or a higher degree of fault; and

(b)

The action or inaction caused or contributed to the cause of the wildfire or caused or contributed to the spreading of the wildfire.

Note: See note under 477.089.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.