OAR 629-670-0105
The Concept of Damage
(1)
Understanding the concept of damage is important when an unsatisfactory condition results in damage, or if there is the potential for damage to occur.(2)
Damage, as defined in OAR 629-670-0010 (Definitions)(2), can be characterized as an adverse disturbance of air quality, water quality, soil productivity, aquatic habitat, wildlife habitat, or visually sensitive corridors under ORS 527.755 (Scenic highways).(3)
The concept of damage under the Oregon Forest Practices Act does not apply to damages to improvements such as dwellings, barns, pastures, fences, water intake structures, or agricultural crops.(4)
Damage to natural resources is a difficult concept to quantify because of the changes that naturally occur with or without human involvement.(5)
The State Forester shall determine damage based on the degree of disturbance to the natural condition over time and space, while considering the relative importance of the particular protected resource, recognizing:(a)
There is a level of natural disturbance which is both acceptable and unavoidable, such as a certain amount of erosion from naturally exposed soils;(b)
There is a level of disturbance which should be considered to be reasonable and necessary as a result of accepted management practices, such as disturbance to soils and vegetation during road construction conducted in compliance with the forest practice rules; and(c)
There are many possible levels of disturbance that may result from a failure to comply with the rules. Disturbance may sometimes be very limited in extent and can be immediately stabilized and corrected. Examples include temporary water turbidity from a road ditch or a minor slash deposit in a Type F stream.(6)
Resource damage does not exist when the State Forester determines:(a)
Disturbance is at or below the reasonable and necessary management level; or(b)
Disturbance that results from rule noncompliance is very limited in extent, over time and space, and is immediately stabilized and corrected.
Source:
Rule 629-670-0105 — The Concept of Damage, https://secure.sos.state.or.us/oard/view.action?ruleNumber=629-670-0105.