ORS Chapter 527

Chapter 527 — Insectand Disease Control; Forest Practices

2009 EDITION

INSECTAND DISEASE CONTROL; FOREST PRACTICES

FORESTRYAND FOREST PRODUCTS

PROHIBITEDACTS

527.260 Injuringforest tree of another or extracting pitch without, or in violation of, apermit prohibited; permit to extract pitch

INTEGRATEDPEST MANAGEMENT

527.310 Definitionsfor ORS 527.310 to 527.370

527.315 Processcomponents

527.321 Implementationof process by State Forester

527.335 Investigationsby State Forester concerning pests; access to privately owned lands

527.341 Forestlandowners to implement strategies to carry out resource management objectives

527.346 StateForester to assist owners unable to take action against pest

527.360 Costsof eradication; state to contribute; unpaid costs to be charge against timber;collection of charge

527.370 Dispositionof receipts

OREGONFOREST PRACTICES ACT

(Generally)

527.610 Shorttitle

527.620 Definitionsfor ORS 527.610 to 527.770

527.630 Policy;rules

527.640 Forestregions

527.650 Forestpractice committees; members; qualifications; appointment; terms

527.660 Committeesto review rules

527.665 Noticeof reforestation requirements to be given in forestland transfers; effect offailure to notify; damages

527.670 Commencementof operations; rules; written plan; effect of plan; notice of chemicalapplication; fees

527.674 Rulesrequiring approval of written plan prohibited

527.676 Leavingsnags and downed logs in harvest type 2 or 3 units; green trees to be left nearcertain streams

527.680 Violationby operator; citation; order to cease violation; order to repair damage;temporary order where violation continuing; service on operator

527.683 Noticeof violation

527.685 Civilpenalty considerations; rules

527.687 Civilpenalty procedure

527.690 Failureto comply with order to reforest or repair damage; estimate of cost of repair;notification; board authorization for repair; cost of repair as lien uponoperator, timber owner or landowner

527.700 Appealsfrom orders of State Forester; hearing procedure; rules; stay of operation

527.710 Dutiesand powers of board; rules; inventory for resource protection; consultationwith other agencies required

527.714 Typesof rules; procedure; findings necessary; rule analysis

527.715 Rulesto establish standards and procedures

527.721 Coordinationwith state and local agencies for review and comment on operations

527.722 Restrictionson local government adoption of rules regulating forest operations; exceptions

527.724 Forestoperations to comply with air and water pollution control rules and standards;effect of violation

527.730 Conversionof forestland to other uses

(HarvestType; Water Quality Regulation)

527.736 Forestpractice standards for operations on public and private land; exceptions; rules

527.740 Harvesttype 3 limitations; exceptions

527.745 Reforestationof certain harvest types; adoption of standards; rules

527.750 Exceedingharvest type 3 size limitation; conditions; rules

527.755 Scenichighways; visually sensitive corridors; operations restricted; exemptions

527.760 Reforestationexemptions for land use changes

527.765 Bestmanagement practices to maintain water quality; rules

527.770 Goodfaith compliance with best management practices not violation of water qualitystandards; subsequent enforcement of standards

527.780 Exemptionfrom liability for trees or debris left on property

527.785 Exemptionfrom liability for large woody debris left on property

PENALTIES

527.990 Criminalpenalties

527.992 Civilpenalties

527.010 [Amended by1971 c.316 §1; renumbered 527.610]

527.020 [Amended by1955 c.100 §1; 1957 c.33 §1; 1959 c.28 §1; repealed by 1971 c.316 §15]

527.030 [Amended by1957 c.33 §2; 1959 c.28 §2; repealed by 1971 c.316 §15]

527.040 [Amended by1955 c.100 §2; repealed by 1971 c.316 §15]

527.050 [Amended by1953 c.195 §2; 1959 c.83 §1; repealed by 1971 c.316 §15]

527.060 [Amended by1959 c.28 §3; repealed by 1971 c.316 §15]

527.070 [Repealed by1971 c.316 §15]

527.080 [Amended by1955 c.100 §3; 1957 c.33 §3; repealed by 1959 c.28 §9]

527.090 [Amended by1955 c.100 §4; 1957 c.33 §4; repealed by 1959 c.28 §9]

527.091 [1959 c.28 §5;repealed by 1971 c.316 §15]

527.100 [Amended by1957 c.33 §5; repealed by 1959 c.28 §9]

527.101 [1959 c.28 §6;repealed by 1971 c.316 §15]

527.110 [Amended by1955 c.100 §5; 1957 c.33 §6; 1959 c.28 §7; repealed by 1971 c.316 §15]

527.120 [Repealed by1971 c.316 §15]

527.140 [Amended by1957 c.33 §7; repealed by 1971 c.316 §15]

527.150 [Repealed by1971 c.316 §15]

527.160 [Amended by1953 c.262 §2; 1957 c.33 §8; 1959 c.28 §8; 1961 c.221 §1; 1965 c.253 §148;repealed by 1971 c.316 §15]

527.170 [Amended by1953 c.262 §2; 1961 c.221 §2; repealed by 1971 c.316 §15]

527.180 [Repealed by 1971c.316 §15]

527.190 [Amended by1953 c.262 §2; 1955 c.100 §6; 1961 c.221 §3; repealed by 1971 c.316 §15]

527.200 [Amended by1953 c.262 §2; repealed by 1971 c.316 §15]

527.210 [Repealed by1953 c.262 §2]

527.215 [1953 c.262 §3;1955 c.100 §7; 1959 c.83 §2; repealed by 1971 c.316 §15]

527.220 [Amended by1965 c.253 §149; repealed by 1971 c.316 §15]

527.230 [Repealed by1971 c.316 §15]

527.240 [Amended by1971 c.316 §13; renumbered 527.700]

PROHIBITEDACTS

527.260Injuring forest tree of another or extracting pitch without, or in violationof, a permit prohibited; permit to extract pitch. (1) No personshall willfully and unlawfully:

(a)Bore or cut any forest tree belonging to another for the purpose of extractingpitch;

(b)Cut, injure or deface any such tree for the purpose of taking any part of it;or

(c)Injure or destroy any such tree.

(2)The State Forester, with the consent of the owner of the land, shall issuepermits for the extraction of pitch from forest trees. The terms of the permitsshall clearly describe the area to which the extraction shall be confined andstate the precautions necessary, in the judgment of the State Forester, to betaken by the permittee, so that the extraction will not result in an increasedfire hazard to life and adjoining property.

(3)No person shall:

(a)Bore or cut any forest tree for the purpose of extracting pitch without havingfirst obtained a permit to do so; or

(b)Willfully or negligently fail to comply with the terms of the permit. [Amendedby 1995 c.79 §299]

527.280 [1953 c.375 §24;1957 c.654 §2; 1961 c.297 §8; 1965 c.253 §83; renumbered 477.440]

527.282 [1953 c.375 §25;1961 c.297 §9; renumbered 477.445]

527.284 [1953 c.375 §26;1957 c.309 §12; repealed by 1961 c.297 §12]

527.286 [1953 c.357 §27;1957 c.309 §13; subsection (2) of 1959 Replacement Part enacted as 1957 c.216 §1;repealed by 1961 c.297 §12]

527.288 [1953 c.375 §28;1961 c.297 §10; renumbered 477.450]

527.290 [1953 c.375 §29;renumbered 477.455]

527.292 [1953 c.375 §30;1961 c.297 §11; renumbered 477.460]

527.294 [1961 c.689 §10;repealed by 1965 c.253 §153]

INTEGRATEDPEST MANAGEMENT

527.310Definitions for ORS 527.310 to 527.370. As used in and for the purposes of ORS527.310 to 527.370:

(1)“Control” means reduction of resource losses or pest occurrences to anacceptable level by direct and immediate application of effective prevention,suppression or eradication strategies, or any combination thereof.

(2)“Eradication” means the implementation of strategies through host or pestdestruction or removal, or by the use of pesticides, to contain or completelyeliminate exotic pests in a specific area, or both.

(3)“Exotic” means any pest that has been accidentally or deliberately introducedinto an area where it does not naturally occur.

(4)“Forestland” means any nonfederal land which has enough timber or forestgrowths, standing or down, to constitute, in the judgment of the State Board ofForestry, forest pests of a nature to be harmful, detrimental and injurious tothe management objectives for the site.

(5)“Integrated pest management” means a coordinated decision-making process thatutilizes the most appropriate of all reasonably available means, tactics orstrategies blended together to minimize the impact of forest pests in anenvironmentally and economically sound manner to meet site specific managementobjectives.

(6)“Native” means any pest that is indigenous or naturally occurring in aparticular area.

(7)“Owner” means any person owning nonfederal forestlands or timber as shown onthe latest records of the tax collector of the county in which the forestlandsor timber is situated. Where timber is owned entirely separate and apart fromthe land whereon it grows or is situated, “owner” means any person owning suchtimber as shown on the latest records of the tax collector of the county inwhich the timber is situated.

(8)“Pest” means any forest insect or disease which causes or may cause damage thatprevents or interferes with management objectives in a specific area.

(9)“Pesticide” has the meaning given that term in ORS 634.006.

(10)“Prevention” means the implementation of strategies designed to minimize theimpact of a pest before an outbreak occurs, including but not limited to,release or enhancement of natural enemies and silvicultural activities toincrease tree vigor or otherwise reduce tree susceptibility to pest damage. “Prevention”requires the incorporation of integrated pest management into overall forestresource management in order to create ecological conditions unfavorable forthe reproduction or survival of pest organisms.

(11)“Strategies” may include, but are not limited to, physical and biologicalmethods and application of pe