ORS 477.001
Definitions


As used in this chapter, unless the context otherwise requires:

(1)

“Additional fire hazard” means a hazard that has been determined to exist by the forester pursuant to ORS 477.580 (Determination of additional fire hazards).

(2)

“Board” means the State Board of Forestry.

(3)

“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 disposal activities.

(4)

“Department” means the State Forestry Department.

(5)

“District” means a forest protection district organized under ORS 477.225 (Establishment and change of forest protection districts).

(6)

“Every reasonable effort” means the use of the reasonably available personnel and equipment under the supervision and control of an owner or operator, which are needed and effective to fight the fire in the judgment of the forester and which can be brought to bear on the fire in a timely fashion.

(7)

“Fire season” means a period designated pursuant to ORS 477.505 (State Forester may declare fire season in district).

(8)

“Fiscal year” means the period beginning on July 1 of any year and ending on June 30 of the next year.

(9)

“Forestland” means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. As used in this subsection, “clearing” means any grassland, improved area, lake, meadow, mechanically or manually cleared area, road, rocky area, stream or other similar forestland opening that is surrounded by or contiguous to forestland and that has been included in areas classified as forestland under ORS 526.305 (Definitions for ORS 526.305 to 526.370) to 526.370 (Seeding agreements as condition of supervision of burning on forestlands).

(10)

“Forest patrol assessment” means the costs levied and assessed under ORS 477.270 (Budgeted cost of forester to be lien).

(11)

“Forest protective association” or “association” means an association, group or agency composed of owners of forestlands, organized for the purpose of protecting such forestlands from fire.

(12)

“Forest resource” means the various types of vegetation normally growing on Oregon’s forestland, the associated harvested products and the associated residue, including but not limited to brush, grass, logs, saplings, seedlings, trees and slashing.

(13)

“Forester” means the State Forester or authorized representative.

(14)

“Governing body” of a county means the county court or board of county commissioners.

(15)

“Grazing land” is defined by ORS 477.205 (Definitions for ORS 477.205 to 477.281).

(16)

“Open fire” means any outdoor fire that occurs in such a manner that combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.

(17)

“Operation” means any industrial activity, any development or any improvement on forestland inside or within one-eighth of one mile of a forest protection district, including but not limited to the harvesting of forest tree species, the clearing of land, the use of power-driven machinery and the use of fire, excluding, however, the culture and harvesting of agricultural crops.

(18)

“Operation area” means the area on which an operation is being conducted and the area on which operation activity may have resulted in the ignition of a fire.

(19)

“Operation in progress” means that time when workers are on an operation area for the purpose of an operation, including the period of time when fire watches are required to be on the operation area pursuant to ORS 477.665 (Fire watch service).

(20)

“Operator” means any person who, either personally or through employees, agents, representatives or contractors, is carrying on or has carried on any operation.

(21)

“Owner” means an individual, a combination of individuals, a partnership, a corporation, the State of Oregon or a political subdivision thereof, or an association of any nature that holds an ownership interest in land.

(22)

“Political subdivision” includes, but is not limited to, counties, cities and special districts.

(23)

“Rangeland” is defined by ORS 477.315 (Definitions for ORS 477.315 to 477.325).

(24)

“Routine road maintenance” is defined by ORS 477.625 (Permit to use fire or power-driven machinery).

(25)

“Side” means any single unit of a logging operation employing power-driven machinery.

(26)

“Slashing” means the forest debris or refuse on any forestland resulting from the cutting, killing, pruning, severing or removal of brush, trees or other forest growth.

(27)

“State Forester” means the person appointed State Forester pursuant to ORS 526.031 (State Forester) or the person serving in the position on an interim or delegated basis.

(28)

“Summit of the Cascade Mountains” is considered to be a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County; thence southerly along the western boundaries of Wasco, Jefferson, Deschutes and Klamath Counties to the southern boundary of the State of Oregon.

(29)

“Timberland” is defined by ORS 477.205 (Definitions for ORS 477.205 to 477.281).

(30)

“Warden” means a fire warden appointed under ORS 477.355 (Fire wardens generally). [1959 c.363 §2 (enacted in lieu of 477.002); 1961 c.603 §1; 1965 c.253 §44; 1967 c.429 §34; 1973 c.46 §1; 1983 c.22 §1; 1985 c.759 §32; 1997 c.274 §1; 1999 c.59 §156; 1999 c.355 §2; 2003 c.54 §3]

Source: Section 477.001 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors477.­html.

Attorney General Opinions

When rural fire protection district may levy taxes on property within a forest protection district, (1972) Vol 36, p 71

477.001
Definitions
477.005
Policy
477.009
Investigative authority of Attorney General for fire protection administration
477.013
Smoke management plan
477.015
Definitions
477.025
Variability of wildland-urban interface fire protection problems
477.027
Establishment of classes of wildland-urban interface
477.062
Inadequately protected forestland declared nuisance
477.064
Uncontrolled fire declared nuisance
477.066
Duty of owner and operator to abate fire
477.067
Notice of fire
477.068
Liability for cost of abatement
477.069
Negligence in origin and in failure to control fire may be united in one complaint
477.085
Liability for cost of protecting land within a forest protection district
477.089
Recovery for property damage
477.092
Liability for destruction of property by wildfire
477.095
Applicability of ORS 477.068, 477.085 and 477.089
477.100
Ability of owner to suppress fire
477.120
Liability of owner or operator
477.123
Volunteer fighters of wildfires
477.125
Liability of forest protective associations, rangeland protection associations and public bodies
477.128
Expenditures for criminal defense related to fire suppression activities
477.150
Smoke detection cameras
477.155
Wildfire response capacity
477.161
Fire protection for lands outside forest protection districts
477.175
Definition of “all possible aid” for agreement
477.180
Ratification of amendment to agreement
477.185
Use of local fire protection resources
477.190
Authority of Governor to carry out agreement
477.195
Ratification of Northwest Wildland Fire Protection Agreement
477.200
Northwest Wildland Fire Protection Agreement
477.205
Definitions for ORS 477.205 to 477.281
477.210
Duty of owner to protect forestland
477.220
Lands not provided protection
477.225
Establishment and change of forest protection districts
477.230
Basis for computing cost of protection provided by forester
477.232
Costs in excess of budget
477.235
Forester to prepare tentative budget estimates for districts
477.240
Advisory and guidance committees
477.245
Owners entitled to be heard on budget matters
477.250
Notice of budget meeting
477.255
Holding of budget meeting
477.260
Appeal to board
477.265
Board to deal with budgets annually
477.270
Budgeted cost of forester to be lien
477.277
Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund
477.281
Limitation on obligation of landowner for fire protection
477.295
Minimum assessment under ORS 477.270
477.300
Use of funds in State Forestry Department Account for capital outlay expenditures of district
477.305
Forester to enforce prohibition against littering on forestland in districts
477.315
Definitions for ORS 477.315 to 477.325
477.317
State Forester assistance to rangeland protection association
477.320
Request of rangeland owners for protection
477.325
Budget for rangeland protection
477.355
Fire wardens generally
477.360
Duties of fire warden for forest protection district
477.365
Duties and powers of wardens
477.406
Cooperative contracts or agreements for forest protection or forest related activities
477.408
Provisions of contract or agreement
477.409
Contracts for off-season services for fire prevention and suppression personnel
477.410
Liability of parties
477.412
Disposition and use of moneys received by forester under contract or agreement
477.415
Definitions for ORS 477.440 to 477.460
477.440
Emergency Fire Cost Committee
477.445
Distribution of fire emergency funds by committee
477.450
Election of committee chairperson
477.455
Meetings of committee
477.460
Duties of administrator
477.490
Statewide map of wildfire risk
477.503
Reduction of wildfire risk
477.504
No effect on management of private lands
477.505
State Forester may declare fire season in district
477.510
Acts prohibited during fire season
477.512
Additional acts prohibited during fire season
477.515
Permits required for fires on forestlands
477.520
Refusal, suspension or revocation of permits
477.532
Regional air quality authority’s functions limited
477.535
Forester may proclaim forestland subject to restricted uses
477.540
Notice of proclamation
477.545
Restricted uses during closure
477.550
Violation of restrictions
477.552
Policy
477.554
Program establishment
477.556
Advisory committee
477.558
Functions for advisory committee
477.560
Oregon Forest Smoke Management Account
477.562
Registration fee
477.565
Felling dead trees and snags
477.580
Determination of additional fire hazards
477.605
Enjoining violations of ORS 477.615 and 477.645 to 477.655
477.610
Standardization of fire-fighting equipment used to protect forestland
477.615
Additional water supply and equipment
477.625
Permit to use fire or power-driven machinery
477.630
Information in permit
477.635
Authority to issue, refuse, suspend or revoke permit
477.640
Use and refueling of power saws
477.645
Internal combustion engines
477.650
Stationary internal combustion engines
477.655
Fire-fighting tools and equipment at operation area and on trucks
477.660
Additional protection facilities or services at operation area
477.665
Fire watch service
477.670
When use of fire or power-driven machinery prohibited
477.695
Removal of flammable material from railroad rights of way
477.698
Permits for prescribed fires
477.710
Starting of campfire or other open fire restricted
477.720
Accidentally setting fire to forestland
477.740
Unlawful use of fire
477.745
Liability of parents for costs of suppressing fire caused by minor child
477.747
Policies and plans for restoration of burned forestland
477.748
Small forestland grant program
477.750
Oregon Forest Land Protection Fund
477.755
Appropriation of fund
477.760
Reserve base of fund fixed
477.770
Rules relating to use of fund
477.775
Emergency fire suppression costs insurance
477.777
Agency request budget
477.880
Acreage assessment
477.960
Collection of assessment
477.970
Disposition of receipts
477.980
Enforcement policy
477.985
Enforcement procedure
477.993
Penalties
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