OAR 629-605-0173
Plans for an Alternate Practice

(1)

Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting forest practices utilizing protection standards or methods different than those specified in rule or statute.

(2)

Plans for an alternate practice must include sufficient information to allow the State Forester to assess the plan to determine that the practices described in the plan will yield results consistent with ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) and administrative rules adopted thereunder.

(3)

Plans for alternate practices proposed as part of a written plan required by ORS 527.670 (Commencement of operations)(3) shall be subject to the hearings provisions of 527.700 (Appeals from orders of State Forester)(3) (Appeals from orders of State Forester hearings procedure; stay of operation); and shall be subject to the provisions of 527.670 (Commencement of operations)(10), (11) and (12) (Commencement of operations; when notice and written plan required; appeal of plan) prescribing certain waiting periods and procedures.

(4)

An operator must comply with all provisions of an approved plan for an alternate practice.

(5)

The following rules require an operator to submit a plan for an alternate practice and obtain approval from the State Forester of the plan before starting the specified practice or operation:
(a) 629-605-0100 (Compliance)(2)(a) — Waiving or modifying the rules or statutes for a bona fide research project conducted by a federal or state agency, a college or university, or a private landowner;
(b) 629-605-0100 (Compliance)(2)(b) — Waiving or modifying a specific practice when doing so will result in less environmental damage than if the practice is applied;
(c) 629-605-0100 (Compliance)(2)(c) — Waiving or modifying a specific practice when doing so will improve soil, water quality, fish habitat, or wildlife habitat;
(d) 629-605-0100 (Compliance)(2)(d) — Waiving or modifying rules to provide for public safety or to accomplish a land use change;
(e) 629-605-0100 (Compliance)(4) — Waiving or modifying rules for resource sites when a county has an adopted program under OAR 660-016-0005 (Identify Conflicting Uses) and OAR 660-016-0010 (Develop Program to Achieve the Goal) that has evaluated the resource sites;
(f) 629-605-0173 (Plans for an Alternate Practice)(1) — Conducting forest practices utilizing protection standards or methods different than those specified in rule or statute;
(g) 629-605-0175 (Harvest Type 3 Units Exceeding 120 Acres)(2) — Conducting operations that result in a single harvest type 3 unit, or combinations of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership;
(h) 629-605-0175 (Harvest Type 3 Units Exceeding 120 Acres)(7) — Waiving the harvest type 3 acreage limitations for conversions or disasters described in ORS 527.740 (Harvest type 3 limitations)(4);
(i) 629-605-0180 (Interim Process for Protecting Sensitive Resource Sites Requiring Written Plans)(3) — Describing reasonable measures to resolve conflicts between an operation and protection of a resource site requiring a written plan under OAR 629-605-0170 (Statutory Written Plans)(1)(b) or (d);
(j) 629-605-0500 (Modification of Requirements for Forest Health and Public Safety) — Modifying the protection requirements for streams, lakes, wetlands and riparian management areas for reasons of forest health or because of hazards to public safety or property;
(k) 629-610-0020 (Reforestation Stocking Standards)(3) — Waiving or modifying the reforestation requirements following a stand improvement operation where the residual stand conditions will result in enhanced long-term tree growth;
(l) 629-610-0020 (Reforestation Stocking Standards)(10) — Modifying or waiving reforestation stocking levels if the purposes of the reforestation rules will be achieved or for a research project conducted by a public agency or educational institution;
(m) 629-610-0030 (Natural Reforestation Methods)(3) — Utilizing natural reforestation methods when an operation results in a reforestation requirement;
(n) 629-610-0040 (Time Allowed for Reforestation)(3) — Extending the time allowed for reforestation when natural reforestation methods are utilized;
(o) 629-610-0050 (Acceptable Species for Reforestation and Residual Stand Stocking)(2) — Counting hardwoods to meet more than 20% of the applicable stocking standards when an operation results in a reforestation requirement;
(p) 629-610-0060 (Use of Non-Native Tree Species)(1) — Counting non-native tree species to meet the applicable stocking standards when an operation results in a reforestation requirement;
(q) 629-610-0070 (Suspension of the Reforestation Rules)(1) — Suspending the reforestation rules for the salvage or conversion of low value forest stands when participating in a forest incentive program;
(r) 629-610-0090 (Exemption from Reforestation for Land Uses Not Compatible with Forest Tree Cover)(1) — Exempting the reforestation requirements for the purpose of developing forestland for a use that is not compatible with the maintenance of forest tree cover;
(s) 629-610-0100 (Exemption from Reforestation for Wildlife Food Plots)(5) — Waiving or modifying the reforestation requirements for the purposes of establishing a wildlife food plot.
(t) 629-615-0300(5) — Modifying the protection requirements for riparian areas, aquatic areas and wetlands when the need for prescribed burning outweighs the benefits of protecting components required to be left;
(u) 629-620-0400 (Protection of the Waters of the State and Other Resources When Applying Chemicals)(7)(d) — Modifying the protection requirements for aerial application of fungicides or nonbiological insecticides;
(v) 629-625-0320 (Stream Crossing Structures)(3) — Modifying the culvert sizing requirements of 629-625-320(2)(a) to reduce the height of fills where roads cross wide flood plains;
(w) 629-642-0100 (General Vegetation Retention Prescription for Type F Streams)(13) — Modifying the vegetation retention requirements in the riparian management area along a Type F stream to allow the removal of roadside trees which pose a safety hazard;
(x) 629-642-0105 (General Vegetation Retention Prescriptions for Type SSBT Streams)(15) — Modifying the vegetation retention requirements in the riparian management area along a Type SSBT stream to allow the removal of roadside trees which pose a safety hazard;
(y) 629-642-0400 (General Vegetation Retention Prescription for Type D and Type N Streams)(14) — Modifying the vegetation retention requirements in the riparian management area along a Type D or Type N stream to allow the removal of roadside trees which pose a safety hazard;
(z) 629-642-0500 (Leaving Green Trees and Snags along Small Type N Streams subject to Rapidly Moving Landslides)(4) — Placing wood in a Type F or Type SSBT stream or conducting other activities to meet the same purpose as leaving green trees and snags along small Type N streams subject to rapidly moving landslides.
(aa) 629-642-0700 (Site Specific Vegetation Retention Prescriptions for Streams and Riparian Management Areas)(1)(a) — Utilizing site specific vegetation retention prescriptions for streams and riparian management areas;
(bb) 629-645-0020 (Site-Specific Vegetation Retention Prescriptions for Significant Wetlands)(1) — Utilizing site specific vegetation retention prescriptions for significant wetlands;
(cc) 629-645-0050 (Snag and Downed Wood Retention for Significant Wetlands)(3) — Modifying the vegetation retention requirements for significant wetlands for reasons of forest health;
(dd) 629-650-0040 (Snag Retention and Downed Wood Retention for Lakes)(3) — Modifying the vegetation retention requirements for lakes for reasons of forest health;
(ee) 629-665-0020 (Application of Protection and Exception Rules; State Forester Duties; Landowner, Timber Owner and Operator Duties)(1)(b)(C) — Structural or temporal exceptions when proposed forest practices conflict with a resource site;
(ff) 629-665-0110 (Osprey Resource Sites; Key Components; Protection Requirements; Exceptions)(3) — Structural replacement of an osprey site;
(gg) 629-665-0110 (Osprey Resource Sites; Key Components; Protection Requirements; Exceptions)(4) — Temporal exceptions near an osprey site;
(hh) 629-665-0120 (Great Blue Heron Resource Sites; Key Components; Protection Requirements; Exceptions)(3) — Structural exceptions of a great blue heron site;
(ii) 629-665-0120 (Great Blue Heron Resource Sites; Key Components; Protection Requirements; Exceptions)(5) — Temporal exceptions near a great blue heron site.

Source: Rule 629-605-0173 — Plans for an Alternate Practice, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=629-605-0173.

Last Updated

Jun. 8, 2021

Rule 629-605-0173’s source at or​.us