ORS 477.698
Permits for prescribed fires

  • rules
The State Forestry Department shall adopt rules to clarify that a person may:

(1)

Conduct a prescribed fire that burns across land ownership boundaries if the person obtains a permit for the fire as described in ORS 477.515 (Permits required for fires on forestlands) or 477.625 (Permit to use fire or power-driven machinery) and complies with the conditions of the permit.

(2)

Obtain a single permit under ORS 477.515 (Permits required for fires on forestlands) or 477.625 (Permit to use fire or power-driven machinery) for a prescribed fire that burns across land ownership boundaries if the person demonstrates to the department that the person has obtained consent to conduct the fire from all persons on whose lands the fire is planned to burn. [2021 c.592 §25]
Note: 477.698 (Permits for prescribed fires) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 25a, chapter 592, Oregon Laws 2021, provides:
Sec. 25a. The State Forestry Department shall initiate the rulemaking described in section 25 of this 2021 Act [477.698 (Permits for prescribed fires)] on or before November 30, 2021, and finalize the rulemaking on or before November 30, 2022. [2021 c.592 §25a]
Note: Sections 1 and 2, chapter 230, Oregon Laws 2021, provide:
Sec. 1. Study on liability for prescribed fires. (1) The Department of Consumer and Business Services, in consultation with the State Forestry Department, the Oregon Forest and Industries Council, the Oregon Small Woodlands Association, Oregon State University, the Oregon Prescribed Fire Council and a representative of the insurance industry, shall study liability for prescribed fires. The study shall examine:

(a)

The accessibility of insurance coverage for prescribed fires, including insurance premium costs, the number of companies that offer the coverage and whether companies that offer the coverage impose minimum equipment requirements;

(b)

Any barriers to increasing the accessibility of insurance coverage for prescribed fires, including whether a liability standard of negligence or gross negligence for prescribed fires makes the coverage more or less affordable;

(c)

How often escaped prescribed fires occur, how many acres escaped prescribed fires consume, costs associated with suppressing escaped prescribed fires, costs associated with property damage caused by escaped prescribed fires and how states pay for suppression of escaped prescribed fires; and

(d)

Which states have adopted liability standards of negligence and gross negligence for prescribed fires and whether states that have shifted a liability standard from negligence to gross negligence have subsequently observed differences in numbers of prescribed fires conducted, of acres burned in prescribed fires or of escaped prescribed fires.

(2)

The Department of Consumer and Business Services shall report to an appropriate committee or interim committee of the Legislative Assembly on the results of the study no later than July 1, 2022.

(3)

All agencies of state government, as defined in ORS 174.111 (“State government” defined), shall:

(a)

Assist the department in complying with the requirements of subsection (1) of this section; and

(b)

Upon request by the department, and to the extent permitted by laws related to confidentiality, provide information and advice to the department that the department deems necessary to comply with the requirements of subsection (1) of this section. [2021 c.230 §1]
Sec. 2. Section 1 of this 2021 Act is repealed on January 2, 2023. [2021 c.230 §2]

Source: Section 477.698 — Permits for prescribed fires; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors477.­html.

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
Green check means up to date. Up to date

Current through early 2024

§ 477.698’s source at oregon​.gov