ORS 527.722
Restrictions on local government adoption of rules regulating forest operations

exceptions

Text
Annotations 3

(1)

Notwithstanding any provisions of ORS chapters 195, 196, 197, 215 and 227, and except as provided in subsections (2), (3) and (4) of this section, no unit of local government shall adopt any rules, regulations or ordinances or take any other actions that prohibit, limit, regulate, subject to approval or in any other way affect forest practices on forestlands located outside of an acknowledged urban growth boundary.

(2)

Nothing in subsection (1) of this section prohibits local governments from adopting and applying a comprehensive plan or land use regulation to forestland to allow, prohibit or regulate:

(a)

Forest practices on lands located within an acknowledged urban growth boundary;

(b)

Forest practices on lands located outside of an acknowledged urban growth boundary, and within the city limits as they exist on July 1, 1991, of a city with a population of 100,000 or more, for which an acknowledged exception to an agriculture or forestland goal has been taken;

(c)

The establishment or alteration of structures other than temporary on-site structures which are auxiliary to and used during the term of a particular forest operation;

(d)

The siting or alteration of dwellings;

(e)

Physical alterations of the land, including but not limited to those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities, when such uses are not auxiliary to forest practices; or

(f)

Partitions and subdivisions of the land.

(3)

Nothing in subsection (2) of this section shall prohibit a local government from enforcing the provisions of ORS 455.310 (Single-family residence repair and maintenance exempt from codes) to 455.715 (Definitions for ORS 455.715 to 455.740) and the rules adopted thereunder.

(4)

Counties may prohibit, but in no other manner regulate, forest practices on forestlands:

(a)

Located outside an acknowledged urban growth boundary; and

(b)

For which an acknowledged exception to an agricultural or forest land goal has been taken.

(5)

To ensure that all forest operations in this state are regulated to achieve protection of soil, air, water, fish and wildlife resources, in addition to all other forestlands, the Oregon Forest Practices Act applies to forest operations inside any urban growth boundary except in areas where a local government has adopted land use regulations for forest practices. For purposes of this subsection, “land use regulations for forest practices” means local government regulations that are adopted for the specific purpose of directing how forest operations and practices may be conducted. These local regulations shall:

(a)

Protect soil, air, water, fish and wildlife resources;

(b)

Be acknowledged as in compliance with land use planning goals;

(c)

Be developed through a public process;

(d)

Be developed for the specific purpose of regulating forest practices; and

(e)

Be developed in coordination with the State Forestry Department and with notice to the Department of Land Conservation and Development.

(6)

To coordinate with local governments in the protection of soil, air, water, fish and wildlife resources, the State Forester shall provide local governments with a copy of the notice or written plan for a forest operation within any urban growth boundary. Local governments may review and comment on an individual forest operation and inform the landowner or operator of all other regulations that apply but that do not pertain to activities regulated under the Oregon Forest Practices Act.

(7)

The existence or adoption by local governments of a comprehensive plan policy or land use regulation regulating forest practices consistent with subsections (1) to (5) of this section shall relieve the State Forester of responsibility to administer the Oregon Forest Practices Act within the affected area.

(8)

The Director of the Department of Land Conservation and Development shall provide the State Forester copies of notices submitted pursuant to ORS 197.615 (Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development), whenever such notices concern the adoption, amendment or repeal of a comprehensive land use regulation allowing, prohibiting or regulating forest practices. [1979 c.400 §2; 1987 c.919 §17; 1991 c.919 §29; 2001 c.268 §1]

Source: Section 527.722 — Restrictions on local government adoption of rules regulating forest operations; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors527.html.

Notes of Decisions

On remand, this section preempts county regulatory authority over commercial forest operations when county concludes that both forestry and Goal 5 resources should be allowed as primary uses in the areas where they conflict. 1000 Friends of Oregon v. LCDC, 86 Or App 26, 738 P2d 215 (1987)

Physical alteration of land is “auxiliary” to forest practice if alteration is subordinate activity having primary purpose of supporting or making forest practice possible. State ex rel Jackson Creek Sand Co. v. Jackson County, 147 Or App 577, 938 P2d 773 (1997), Sup Ct review denied

Attorney General Opinions

Definition of “forested lands zoned for primary uses other than the commercial growing and harvesting of forest tree species,” (1980) Vol 40, p 500

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 527.722 Restrictions on local government adoption of rules regulating forest operations

(1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(c)

(d)

(e)

(6)

(7)

(8)

Notes of Decisions

Attorney General Opinions

ORS 527.722
Restrictions on local government adoption of rules regulating forest operations