ORS 526.360
State Forester to assist in developing forestland for agricultural uses

  • supervision of certain burning
  • refusal of supervision or permit
  • Certified Burn Manager program
  • rules
  • liability for damage

(1)

The State Board of Forestry, the State Forester and forest protective associations may assist to the extent practical in developing, for forestry, grazing or agricultural uses, all forestland classified pursuant to ORS 526.328 (Hearing) or 526.340 (Classification by State Forester) for such uses, including the burning of brush or other flammable material for the purpose of:

(a)

Removing a fire hazard to any property;

(b)

Preparing seed beds;

(c)

Removing obstructions to or interference with the proper seeding or agricultural or grazing development or use of that land;

(d)

Promoting the establishment of new forest crops on cutover, denuded or underproductive lands;

(e)

Implementing pest prevention and suppression activities, as provided in ORS 527.310 (Definitions for ORS 527.310 to 527.370) to 527.370 (Disposition of receipts); or

(f)

Promoting improvements to forest health, including improvements to fish and wildlife habitat.

(2)

Upon request of the owner or the agent of the owner of any forestland classified pursuant to ORS 526.328 (Hearing) or 526.340 (Classification by State Forester), the forester or a forest protective association may perform or supervise burning operations thereon for any of the purposes stated in subsection (1) of this section. The owner or the agent of the owner shall supply such personnel and equipment and shall perform such fire control actions and activities as the forester or forest protective association may require while there is danger of the fire spreading. The forester or forest protective association may refuse to perform or supervise burning or to issue any burning permit when, in the judgment of the forester or forest protective association, conditions so warrant.

(3)

To accomplish the purposes set forth in subsection (1) of this section, the board shall establish by rule a Certified Burn Manager program.

(4)

The rules shall include:

(a)

Certification standards, requirements and procedures;

(b)

Standards, requirements and procedures to revoke certification;

(c)

Actions and activities that a Certified Burn Manager must perform;

(d)

Actions and activities that a Certified Burn Manager may not allow or perform;

(e)

Limitations on the use of a Certified Burn Manager; and

(f)

Any other standard, requirement or procedure that the board considers necessary for the safe and effective administration of the program.

(5)

The rules may establish and impose fees for participation in the program.

(6)

When a burning for any of the purposes stated in subsection (1) of this section on forestland classified pursuant to ORS 526.328 (Hearing) or 526.340 (Classification by State Forester) is started under the supervision of and supervised by the forester, a forest protective association or a Certified Burn Manager, a person may not be held liable for property damage resulting from that burning unless the damage is caused by the negligence of the person. [Amended by 1965 c.253 §42; 1967 c.429 §33; 1999 c.101 §2; 2021 c.592 §26]

Source: Section 526.360 — State Forester to assist in developing forestland for agricultural uses; supervision of certain burning; refusal of supervision or permit; Certified Burn Manager program; rules; liability for damage, https://www.­oregonlegislature.­gov/bills_laws/ors/ors526.­html.

526.005
Definitions 526.008
State Forestry Department 526.009
State Board of Forestry 526.016
General duties 526.031
State Forester 526.036
Fidelity bonds 526.041
General duties of State Forester 526.046
State Forester to cooperate with other agencies and persons 526.052
Credits for former forest protective association employees 526.054
Authority of department to require fingerprints 526.060
State Forestry Department Account 526.065
Authority to accept gifts and other donations for management of state forests and forest legacy programs 526.090
Acceptance and use of moneys under Agricultural Act of 1956 (soil bank and reforestation provisions) 526.095
Clarke-McNary Act accepted 526.105
Disposition of receipts under ORS 526.090 and 526.095 526.111
State Forestry Department Revolving Account 526.121
Reimbursement of revolving account 526.125
Tillamook Forest Interpretive Center Fund 526.131
Purchase or acceptance of federal surplus property 526.135
Leasing departmental equipment to federal agency 526.142
Definition for ORS 526.142 to 526.152 526.144
Equipment pool 526.146
Charges 526.148
Leasing communication equipment 526.152
Disposition of equipment 526.156
Forest Trust Land Advisory Committee 526.162
Taking title in fee simple 526.164
Exchange of property 526.166
Acquisition of real property by purchase, agreement or donation 526.168
Acquisition of real property by eminent domain 526.178
Going upon private property 526.192
Attorney General to conduct proceedings 526.194
Disposition or leasing of property 526.215
Oregon State University research and experimentation programs 526.225
Forest Research Laboratory 526.231
Findings 526.233
Application of antitrust laws 526.235
State forest nursery 526.237
Acquisition of forest tree seedlings 526.255
Long range management, marketing and harvest report 526.265
Hearings to publish report and receive testimony 526.271
Findings 526.273
Cooperation with federal agencies 526.274
Authority to participate in federal forest management 526.275
Policy regarding Good Neighbor Authority Agreement projects 526.276
Reporting on Good Neighbor Authority Agreement projects 526.277
Findings 526.280
Responsibilities of State Forester 526.285
Contracts for providing woody biomass from state-managed forestlands 526.287
Definitions for ORS 526.287 to 526.299 and 526.991 526.289
Legislative findings 526.291
Large commercial event permits 526.294
Large commercial event health and safety standards 526.297
Suspension or revocation of permit 526.299
Organizer responsibility for compliance with permit terms and conditions 526.305
Definitions for ORS 526.305 to 526.370 526.310
Forestland classification committees 526.320
Determination of forestland 526.324
Classification of forestland by committee 526.328
Hearing 526.332
Appeal 526.335
State Board of Forestry rules 526.340
Classification by State Forester 526.350
Policy in administering forest and fire laws 526.360
State Forester to assist in developing forestland for agricultural uses 526.370
Seeding agreements as condition of supervision of burning on forestlands 526.425
Management assistance to nonindustrial private forest landowners 526.450
Short title 526.455
Definitions for ORS 526.450 to 526.475 526.460
Policy to manage forests to maximize benefits 526.465
Purpose of ORS 526.450 to 526.475 526.470
Forest tree seed bank 526.472
Forest tree seed orchard 526.475
Appeal of decisions by State Forester 526.490
Afforestation of certain idle lands 526.500
Definitions for ORS 526.500 to 526.515 526.505
Policy 526.510
Department to provide technical assistance to governmental units 526.515
Gifts, grants and donations 526.600
Definitions for ORS 526.600 to 526.675 526.605
Findings 526.610
Oregon Forest Resources Institute 526.615
Qualifications of voting members 526.620
Terms of voting members 526.625
Effect of failure to maintain qualification 526.630
Expenses of members and staff 526.632
Employees not subject to certain personnel regulation 526.635
Officers 526.640
General authority of institute 526.645
Additional powers 526.650
Expenditure of funds restricted 526.655
Acceptance of grants, donations and gifts 526.660
Application of budget and expenditure control laws 526.665
Exemption from certain financial administration laws 526.670
Books and records 526.675
Oregon Forest Resources Institute Fund 526.695
Definitions for ORS 526.695 to 526.775 526.700
Forest Resource Trust 526.703
Cost share program 526.705
Loan program 526.710
State Forestry Department to assist board 526.720
Forest Resource Trust Fund 526.725
Agreements with private, governmental or other organizations 526.730
Report to legislature 526.740
Lien for moneys payable to trust by forestland owner 526.745
Notice of lien 526.750
Recording of notice 526.755
Foreclosure 526.760
Priority 526.765
Payment of funds advanced 526.770
Notice of forest products harvest 526.775
Execution of judgment against other property when forest products and accounts not subject to lien 526.780
Agreements for forestry carbon offsets 526.783
Development of forestry carbon offset accounting system 526.786
Rules relating to forestry carbon offsets 526.789
Effect of state forestry carbon offset program 526.801
Definitions for ORS 526.801 to 526.831 and 526.992 526.806
Prohibition against export of unprocessed timber 526.811
Exemption from export prohibition 526.816
Certification by bidders for public timber 526.821
Political subdivisions to establish rules 526.826
Barring timber export violators from unprocessed public timber purchases 526.831
Contract cancellation for timber export violation 526.900
Review of state regulations and policies affecting implementation of conservation strategies 526.905
Management plans or policies to reduce risk of loss of forest resources 526.990
Criminal penalty for rule violation 526.991
Criminal penalty for large commercial event offense 526.992
Criminal and civil penalties for timber export violation
Green check means up to date. Up to date

Current through early 2024

§ 526.360’s source at oregon​.gov