ORS 526.400
Small Forestland Owner Assistance Office
- rules
(1)
The Small Forestland Owner Assistance Office is created within the State Forestry Department.(2)
The office shall:(a)
Support and promote implementation of financial incentives and technical assistance programs for small forestland owners that align with the intent of the Private Forest Accord Report dated February 2, 2022, and published by the department on February 7, 2022.(b)
Carry out duties related to the Small Forestland Investment in Stream Habitat Program, as described in ORS 526.402 (Small Forestland Investment in Stream Habitat Program).(c)
To support compliance with a habitat conservation plan that is consistent with the requirements of the Private Forest Accord Report, develop and maintain a database of:(A)
Landowners that the department has determined meet the requirements set forth in ORS 527.738 (Riparian prescriptions) (3).(B)
Forestland in this state that is owned by the landowners.(C)
The types and conditions of the forestland.(D)
The roads and streams located within the forestland.(d)
Serve as the lead coordination and support body within the department for programs, partnerships and educational opportunities not otherwise described in this section that support forestland owners that own or hold common ownership interest in less than 5,000 acres of forestland in this state.(e)
Identify and implement opportunities to leverage the programs, partnerships and educational opportunities to support activities consistent with the habitat conservation plan, including activities that provide for adequate fish passage, remove fish passage barriers, maintain roads or collect data related to the habitat conservation plan.(f)
Engage in any other duties delegated to the office by the State Board of Forestry or the department.(3)
The board may adopt rules as necessary to implement this section. [2022 c.33 §19](a)
An incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027;(b)
The State Board of Forestry has not made a finding that the habitat conservation plan imposes more than a de minimis difference in economic or resource impacts, at the level of landscapes, relative to rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711 (Private Forest Accord rule package)]; and(c)
The incidental take permit remains in effect.(2)
The legislative intent described in subsection (1) of this section is established by sections 55 to 64 of this 2022 Act. [2022 c.33 §54](2)
If the board finds, pursuant to section 55 (1) and (2) of this 2022 Act, that the habitat conservation plan described in section 55 (1) of this 2022 Act imposes more than a de minimis difference, as described in section 55 (1) of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308 (Exception to requirement for compensation), 496.252 (Oregon Conservation and Recreation Fund), 496.254 (Oregon Conservation and Recreation Advisory Committee), 527.620 (Definitions for ORS 527.610 to 527.770), 527.630 (Policy), 527.680 (Violation by operator), 527.685 (Civil penalty considerations), 527.714 (Types of rules), 527.990 (Criminal penalties), 527.992 (Civil penalties), 610.060 (Effect of certain wildlife law provisions on predatory animal control) and 610.105 (Authority to control noxious rodents or predatory animals) by sections 65 to 76 of this 2022 Act become operative on the 150th day after the date the board makes the finding. [2022 c.33 §61](a)
Pursuant to section 55 (1) and (2) of this 2022 Act, the State Board of Forestry does not make a finding or finds that the habitat conservation plan described in section 55 (1) of this 2022 Act does not impose more than a de minimis difference, as described in section 55 (1) of this 2022 Act; and(b)
The incidental take permit is subsequently revoked or invalidated.(2)
If the events described in subsection (1)(a) and (b) of this section occur, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308 (Exception to requirement for compensation), 496.252 (Oregon Conservation and Recreation Fund), 496.254 (Oregon Conservation and Recreation Advisory Committee), 527.620 (Definitions for ORS 527.610 to 527.770), 527.630 (Policy), 527.680 (Violation by operator), 527.685 (Civil penalty considerations), 527.714 (Types of rules), 527.990 (Criminal penalties), 527.992 (Civil penalties), 610.060 (Effect of certain wildlife law provisions on predatory animal control) and 610.105 (Authority to control noxious rodents or predatory animals) by sections 65 to 76 of this 2022 Act become operative on the 240th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first. [2022 c.33 §62](2)
If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report is not issued on or before December 31, 2027, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308 (Exception to requirement for compensation), 496.252 (Oregon Conservation and Recreation Fund), 496.254 (Oregon Conservation and Recreation Advisory Committee), 527.620 (Definitions for ORS 527.610 to 527.770), 527.630 (Policy), 527.680 (Violation by operator), 527.685 (Civil penalty considerations), 527.714 (Types of rules), 527.990 (Criminal penalties), 527.992 (Civil penalties), 610.060 (Effect of certain wildlife law provisions on predatory animal control) and 610.105 (Authority to control noxious rodents or predatory animals) by sections 65 to 76 of this 2022 Act become operative on June 1, 2028. [2022 c.33 §63]
Source:
Section 526.400 — Small Forestland Owner Assistance Office; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors526.html (accessed May 26, 2025).