ORS 527.711
Private Forest Accord rule package

(1)

The State Board of Forestry shall, as a single rule package following a single, consolidated rulemaking process:

(a)

Adopt rules consistent with the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, to the extent that requirements in the Private Forest Accord Report do not contravene statutory requirements.

(b)

As needed to conform with the rules described in paragraph (a) of this subsection, and only as needed to conform with the rules described in paragraph (a) of this subsection, amend or repeal the rules in effect on March 17, 2022, that implement ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards).

(2)

When adopting, amending or repealing rules as described in subsection (1) of this section, the board shall resolve any gaps or ambiguities in the requirements of the Private Forest Accord Report by:

(a)

Referring to the intent and structure of the rules implementing ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) that are in effect on March 17, 2022; and

(b)

Achieving the outcomes described in the Private Forest Accord Report.

(3)

The department shall:

(a)

Publish the Private Forest Accord Report.

(b)

Ensure that the Private Forest Accord Report remains publicly available on a department website. [2022 c.33 §2]
Note: 527.711 (Private Forest Accord rule package) is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (second note below).
Note: Section 5, chapter 33, Oregon Laws 2022, provides:
Sec. 5. Timeline for applicability of Private Forest Accord rule package. (1) As used in this section:

(a)

“Common ownership” has the meaning given that term in section 16 of this 2022 Act [527.738 (Riparian prescriptions)].

(b)

“Small forestland” means forestland that has an owner that owns or holds common ownership interest in less than 5,000 acres of forestland in this state.

(2)

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)] apply only to an operation for which a notification is filed under ORS 527.670 (Commencement of operations) (6):

(a)

On or after January 1, 2024.

(b)

Before January 1, 2024, if the operation is not completed on or before December 31, 2023.

(3)

Notwithstanding subsection (2) of this section, rules adopted or amended as part of the rule package that relate to fish buffers apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023.

(4)

If the State Forester determines that a forest activity electronic reporting and notice system operated by the State Forestry Department is not updated with the information necessary to implement the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the department on February 7, 2022, in time for operations to reasonably comply with the requirements by January 1, 2024, the deadlines described in subsection (2) of this section for application of rules that do not relate to fish buffers:

(a)

May be extended by the State Forester for a period not to exceed one year; and

(b)

After an extension described in paragraph (a) of this subsection, may be extended by the State Board of Forestry only if the board finds that the additional extension is necessary. [2022 c.33 §5]
Note: Sections 54 to 64, chapter 33, Oregon Laws 2022, provide:
Sec. 54. Statement of legislative intent concerning habitat conservation plan and incidental take permit. (1) The Legislative Assembly intends that the policies described in sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 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 9, 26 to 29, 40, 41 and 45 to 49 of this 2022 Act shall remain in effect only if:

(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]
Sec. 55. Petition for finding related to habitat conservation plan. (1) If an incidental take permit related to an approved habitat conservation plan responsive to 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, an author of the Private Forest Accord Report may, no later than 14 days after the date the incidental take permit is issued, petition the State Board of Forestry to make a finding as to whether 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)].

(2)

If the board receives a petition described in subsection (1) of this section, the board shall issue a finding no later than 45 days after the date the petition is received.

(3)

If the board finds that the habitat conservation plan imposes more than a de minimis difference:

(a)

On or before the 91st day after the date the board makes the finding, the board shall:

(A)

Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act.

(B)

Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in subparagraph (A) of this paragraph.

(C)

Amend any other rules as needed to conform with repeals described in subparagraph (A) of this paragraph.

(b)

On or before the 120th day after the board makes the finding, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under paragraph (a) of this subsection. [2022 c.33 §55]
Sec. 56. Revocation or invalidation of incidental take permit. If, 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 the incidental take permit described in section 55 (1) of this 2022 Act is subsequently revoked or invalidated:

(1)

On or before the 180th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first, the board shall:

(a)

Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act [527.711 (Private Forest Accord rule package)].

(b)

Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in paragraph (a) of this subsection.

(c)

Amend any other rules as needed to conform with repeals described in paragraph (a) of this subsection.

(2)

On or before the 210th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under subsection (1) of this section. [2022 c.33 §56]
Sec. 57. Issuance of incidental take permit on or before December 31, 2027. If 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 not issued on or before December 31, 2027:

(1)

On or before April 1, 2028, the State Board of Forestry shall:

(a)

Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act [527.711 (Private Forest Accord rule package)].

(b)

Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in paragraph (a) of this subsection.

(c)

Amend any other rules as needed to conform with repeals described in paragraph (a) of this subsection.

(2)

On or before May 1, 2028, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under subsection (1) of this section. [2022 c.33 §57]
Sec. 58. Report on issuance of incidental take permit and finding related to habitat conservation plan. On or before February 1, 2028, the State Board of Forestry shall report to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245 (Form of report to legislature), on:

(1)

Whether the incidental take permit described in section 11 of this 2022 Act was issued on or before December 31, 2027.

(2)

Whether the board has received a petition to make a finding described in section 55 (1) and (2) of this 2022 Act. [2022 c.33 §58]
Sec. 59. Report on revocation or invalidation of incidental take permit. If 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, but is subsequently revoked or invalidated, after the date that any appeals process related to the revocation or invalidation has been exhausted or forgone, whichever occurs first, the State Board of Forestry shall:

(1)

Promptly report the revocation or invalidation to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245 (Form of report to legislature).

(2)

Notify the Office of the Legislative Counsel of the revocation or invalidation as soon as practicable. [2022 c.33 §59]
Sec. 60. Conditional repeals. Sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act are repealed. [2022 c.33 §60]
Sec. 61. Operation of conditional provisions upon finding related to habitat conservation plan. (1) Except as otherwise provided in sections 62 and 63 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 only if the State Board of Forestry 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.

(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]
Sec. 62. Operation of conditional provisions upon revocation or invalidation of incidental take permit. (1) Except as otherwise provided in sections 61 and 63 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 only if:

(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]
Sec. 63. Operation of conditional provisions upon failure to issue incidental take permit on or before December 31, 2027. (1) Except as otherwise provided in sections 61 and 62 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 only if 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 not issued on or before December 31, 2027.

(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]
Sec. 64. Repeal of conditionally operative provisions. Sections 59 and 62 of this 2022 Act are repealed on January 2, 2077. [2022 c.33 §64]
Note: 527.711 (Private Forest Accord rule package) and 527.712 (Exemption for practices that comply with federal Endangered Species Act agreements) were added to and made a part of 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 527.711 — Private Forest Accord rule package, https://www.­oregonlegislature.­gov/bills_laws/ors/ors527.­html (accessed May 26, 2025).

527.260
Injuring forest tree of another or extracting pitch without, or in violation of, a permit prohibited 527.310
Definitions for ORS 527.310 to 527.370 527.315
Process components 527.321
Implementation of process by State Forester 527.335
Investigations by State Forester concerning pests 527.341
Forestland owners to implement strategies to carry out resource management objectives 527.346
State Forester to assist owners unable to take action against pest 527.360
Costs of eradication 527.370
Disposition of receipts 527.610
Short title 527.620
Definitions for ORS 527.610 to 527.770 527.630
Policy 527.633
Conversion of forestland to other uses 527.640
Forest regions 527.650
Forest practice committees 527.660
Committees to review rules 527.665
Notice of reforestation requirements to be given in forestland transfers 527.670
Commencement of operations 527.672
Aerial herbicide applications 527.674
Rules requiring approval of written plan prohibited 527.676
Leaving snags and downed logs in harvest type 2 or 3 units 527.678
Wildlife food plots 527.680
Violation by operator 527.683
Notice of violation 527.685
Civil penalty considerations 527.687
Civil penalty procedure 527.690
Failure to comply with order to reforest or repair damage 527.700
Appeals from orders of State Forester 527.704
Program of inspections 527.706
Program of photogrammetric mapping 527.710
Duties and powers of board 527.711
Private Forest Accord rule package 527.712
Exemption for practices that comply with federal Endangered Species Act agreements 527.714
Types of rules 527.715
Rules to establish standards and procedures 527.721
Coordination with state and local agencies for review and comment on operations 527.722
Restrictions on local government adoption of rules regulating forest operations 527.724
Forest operations to comply with air and water pollution control rules and standards 527.731
Adaptive management program 527.732
Adaptive Management Program Committee 527.733
Independent Research and Science Team 527.734
Considering reports on rules relating to aquatic resources 527.736
Forest practice standards for operations on public and private land 527.738
Riparian prescriptions 527.739
Application of restrictions related to small forestland owner minimum option 527.740
Harvest type 3 limitations 527.745
Reforestation of certain harvest types 527.750
Exceeding harvest type 3 size limitation 527.755
Scenic highways 527.760
Reforestation exemptions for land use changes 527.765
Best management practices to maintain water quality 527.770
Good faith compliance with best management practices not violation of water quality standards 527.780
Exemption from liability for trees or debris left on property 527.785
Exemption from liability for large woody debris left on property 527.786
Definitions 527.787
Registering to receive notice of pesticide application 527.788
Notice to State Forestry Department of proposed pesticide application 527.789
Notice to nearby recipient of proposed pesticide application 527.790
Notice to State Forestry Department prior to pesticide application 527.791
Verifying completion of pesticide application 527.792
Designation of forestland units 527.793
Failure to send notice 527.794
Department reporting system 527.795
Daily spray records 527.796
Interference with pesticide application 527.797
Limitations on pesticide applications 527.798
Reporting points of diversion 527.799
Implementing pesticide application provisions 527.820
Just compensation exemption 527.822
Reports to Legislative Assembly 527.840
Program of assistance related to loss of tree canopy 527.990
Criminal penalties 527.992
Civil penalties

Current through early 2026

§ 527.711. Private Forest Accord rule package's source at oregon​.gov