Duties and powers of board
- inventory for resource protection
- consultation with other agencies required
(1)In carrying out the purposes of ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards), 527.990 (Criminal penalties) (1) and 527.992 (Civil penalties), the State Board of Forestry shall adopt, in accordance with applicable provisions of ORS chapter 183, rules to be administered by the State Forester establishing standards for forest practices in each region or subregion.
(2)The rules shall ensure the continuous growing and harvesting of forest tree species. Consistent with ORS 527.630 (Policy), the rules shall provide for the overall maintenance of the following resources:
(b)Water resources, including but not limited to sources of domestic drinking water;
(c)Soil productivity; and
(d)Fish and wildlife.
(A)Threatened and endangered fish and wildlife species identified on lists that are adopted, by rule, by the State Fish and Wildlife Commission or are federally listed under the Endangered Species Act of 1973 as amended;
(B)Sensitive bird nesting, roosting and watering sites;
(C)Biological sites that are ecologically and scientifically significant; and
(b)The board shall determine whether forest practices would conflict with resource sites in the inventories required by paragraph (a) of this subsection. If the board determines that one or more forest practices would conflict with resource sites in the inventory, the board shall consider the consequences of the conflicting uses and determine appropriate levels of protection.
(c)Based upon the analysis required by paragraph (b) of this subsection, and consistent with the policies of ORS 527.630 (Policy), the board shall adopt rules appropriate to protect resource sites in the inventories required by paragraph (a) of this subsection.
(4)Before adopting rules under subsection (1) of this section, the board shall consult with other agencies of this state or any of its political subdivisions that have functions with respect to the purposes specified in ORS 527.630 (Policy) or programs affected by forest operations. Agencies and programs subject to consultation under this subsection include, but are not limited to:
(a)Air and water pollution programs administered by the Department of Environmental Quality under ORS chapters 468A and 468B and ORS 477.013 (Smoke management plan) and 477.515 (Permits required for fires on forestlands) to 477.532 (Regional air quality authority’s functions limited);
(b)Mining operation programs administered by the Department of Geology and Mineral Industries under ORS 516.010 (Definitions) to 516.130 (Duties of State Geologist) and ORS chapter 517;
(c)Game fish and wildlife, commercial fishing, licensing and wildlife and bird refuge tax incentive programs administered by the State Department of Fish and Wildlife under ORS 272.060 (Federal migratory bird refuges) and ORS chapters 496, 498, 501, 506 and 509;
(d)Park land, Willamette River Greenway, scenic waterway and recreation trail programs administered by the State Parks and Recreation Department under ORS 358.480 (Definitions for ORS 358) to 358.545 (Rules), 390.310 (Definitions for ORS 390) to 390.368 (Authority to contract landscaping and repair of damage to lands subject to scenic easement), 390.805 (Definitions for ORS 390) to 390.925 (Enforcement), 390.950 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390) and 390.121 (Powers of commission);
(e)The programs administered by the Columbia River Gorge Commission under Public Law 99-663 and ORS 196.110 (Land use regulation in Columbia River Gorge National Scenic Area) and 196.150 (Compact provisions);
(f)Removal and fill programs administered by the Department of State Lands under ORS 196.800 (Definitions for ORS 196) to 196.900 (Schedule of civil penalties);
(g)Federal Safe Drinking Water Act programs administered by the Oregon Health Authority under ORS 448.273 (Federal Safe Drinking Water Act administration) to 448.990 (Penalties for violations of pool facility or water system requirements);
(h)Conservation and conservation tax incentive programs administered by the State Parks and Recreation Department under ORS 273.563 (Definitions for ORS 273) to 273.591 (Natural Areas Program Account);
(i)Open space land tax incentive programs administered by cities and counties under ORS 308A.300 (Definitions for ORS 308A) to 308A.330 (Rules);
(j)Water resources programs administered by the Water Resources Department under ORS 536.220 (Policy on water resources generally) to 536.540 (Approval of voucher claims); and
(k)Pesticide control programs administered by the State Department of Agriculture under ORS chapter 634.
(5)In carrying out the provisions of subsection (4) of this section, the board shall consider and accommodate the rules and programs of other agencies to the extent deemed by the board to be appropriate and consistent with the purposes of ORS 527.630 (Policy).
(6)The board shall adopt rules to meet the purposes of another agency’s regulatory program where it is the intent of the board to administer the other agency’s program on forestland and where the other agency concurs by rule. An operation performed in compliance with the board’s rules shall be deemed to comply with the other agency’s program.
(b)The State Forestry Department shall enter into agreements with appropriate state agencies for joint monitoring of the effectiveness of forest practice rules in protecting forest resources and water quality.
(8)If, based upon the study completed pursuant to section 15 (2)(f), chapter 919, Oregon Laws 1991, the board determines that additional rules are necessary to protect forest resources pursuant to ORS 527.630 (Policy), the board shall adopt forest practice rules that reduce to the degree practicable the adverse impacts of cumulative effects of forest practices on air and water quality, soil productivity, fish and wildlife resources and watersheds. Such rules shall include a process for determining areas where adverse impacts from cumulative effects have occurred or are likely to occur, and may require that a written plan be submitted for harvests in such areas.
(b)For those streams identified in paragraph (a) of this subsection, the State Forester shall encourage landowners to enter into cooperative agreements with appropriate state agencies for conduct of restoration activities.
(c)The board, in consultation with appropriate state agencies, shall study and identify methods for restoring or enhancing fish and wildlife populations through restoration and rehabilitation of sites beneficial to fish and wildlife.
(d)The board shall adopt rules to implement the findings of this subsection.
(10)In addition to its responsibilities under subsections (1) to (3) of this section, the board shall adopt rules to reduce the risk of serious bodily injury or death caused by a rapidly moving landslide directly related to forest practices. The rules shall consider the exposure of the public to these safety risks and shall include appropriate practices designed to reduce the occurrence, timing or effects of rapidly moving landslides. As used in this subsection, “rapidly moving landslide” has the meaning given that term in ORS 195.250 (Definitions for ORS 195). [1971 c.316 §5; 1987 c.919 §14a; 1989 c.171 §69; 1989 c.904 §38; 1991 c.634 §7; 1991 c.919 §13; 1993 c.18 §126; 1995 c.79 §300; 1997 c.274 §54; 1997 c.413 §2; 1999 c.1103 §12; 2001 c.114 §52; 2001 c.540 §24; 2003 c.14 §342; 2003 c.539 §40; 2003 c.740 §7; 2009 c.217 §13; 2009 c.595 §983; 2011 c.83 §25; 2011 c.319 §21]
Attorney General Opinions
Including compliance with Department of Environmental Quality rules in forest practice rules, (1972) Vol 35, p 1146
Law Review Citations
17 EL 717, 722 (1987)