ORS 527.630
Policy
- rules
(1)
Forests make a vital contribution to Oregon by providing jobs, products, tax base and other social and economic benefits, by helping to maintain forest tree species, soil, air and water resources and by providing a habitat for wildlife and aquatic life. Therefore, it is declared to be the public policy of the State of Oregon to encourage economically efficient forest practices that ensure the continuous growing and harvesting of forest tree species and the maintenance of forestland for such purposes as the leading use on privately owned land, consistent with sound management of soil, air, water, fish and wildlife resources and scenic resources within visually sensitive corridors as provided in ORS 527.755 (Scenic highways) and to ensure the continuous benefits of those resources for future generations of Oregonians.(2)
It is recognized that operations on forestland are already subject to other laws and to regulations of other agencies which deal primarily with consequences of such operations rather than the manner in which operations are conducted. It is further recognized that it is essential to avoid uncertainty and confusion in enforcement and implementation of such laws and regulations and in planning and carrying out operations on forestlands.(3)
To encourage forest practices implementing the policy 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) and 527.992 (Civil penalties), it is declared to be in the public interest to vest in the State Board of Forestry exclusive authority to develop and enforce statewide and regional rules pursuant to ORS 527.710 (Duties and powers of board) and to coordinate with other state agencies and local governments which are concerned with the forest environment.(4)
It is recognized that ensuring compliance with, and enforcing, ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) and rules and orders adopted or issued thereunder is essential to protect Oregon’s natural resources. It is further recognized that onsite inspections are necessary to further the policy 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) and 527.992 (Civil penalties).(5)
It is recognized that enforcement of the policy 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) and 527.992 (Civil penalties) is necessary to support the integrity of the policy and give the public confidence that standards for forest practices are being followed. It is further recognized that an effective enforcement program must include:(a)
Adequate training and education of enforcement officers, operators, timber owners and landowners.(b)
Clear technical guidance.(c)
Implementation expectations that are transparent and easily understood by operators, timber owners and landowners.(6)
It is declared to be the policy of the State of Oregon that the program for implementing enforcement under ORS 527.680 (Violation by operator), 527.683 (Notice of violation), 527.685 (Civil penalty considerations), 527.690 (Failure to comply with order to reforest or repair damage) and 527.700 (Appeals from orders of State Forester) be adequately funded, and that the board:(a)
Use inspections and enforcement as tools to deter future violations and to educate and train operators, timber owners and landowners.(b)
In exercising enforcement discretion, including discretion to impose penalties, prioritize addressing significant violations, other consequential violations and the actions of repeat violators.(7)
The board may adopt and enforce rules addressing scenic considerations only in accordance with ORS 527.755 (Scenic highways).(8)
The board shall adopt and enforce forest practice rules to reduce the risk of serious bodily injury or death from a rapidly moving landslide only in accordance with ORS 527.710 (Duties and powers of board) (10). As used in this subsection, “rapidly moving landslide” has the meaning given in ORS 195.250 (Definitions for ORS 195.250 to 195.260).(9)
The State of Oregon should provide a stable regulatory environment to encourage investment in private forestlands. [1971 c.316 §4; 1987 c.919 §10; 1991 c.634 §4; 1991 c. 919 §10; 1995 s.s. c.3 §39L; 1996 c.9 §14; 1999 c.1103 §11; 2003 c.740 §9; 2022 c.33 §41](2)
It is recognized that operations on forestland are already subject to other laws and to regulations of other agencies which deal primarily with consequences of such operations rather than the manner in which operations are conducted. It is further recognized that it is essential to avoid uncertainty and confusion in enforcement and implementation of such laws and regulations and in planning and carrying out operations on forestlands.(3)
To encourage forest practices implementing the policy 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) and 527.992 (Civil penalties), it is declared to be in the public interest to vest in the State Board of Forestry exclusive authority to develop and enforce statewide and regional rules pursuant to ORS 527.710 (Duties and powers of board) and to coordinate with other state agencies and local governments which are concerned with the forest environment.(4)
The board may adopt and enforce rules addressing scenic considerations only in accordance with ORS 527.755 (Scenic highways).(5)
The board shall adopt and enforce forest practice rules to reduce the risk of serious bodily injury or death from a rapidly moving landslide only in accordance with ORS 527.710 (Duties and powers of board) (10). As used in this subsection, “rapidly moving landslide” has the meaning given in ORS 195.250 (Definitions for ORS 195.250 to 195.260).(6)
The State of Oregon should provide a stable regulatory environment to encourage investment in private forestlands.
Source:
Section 527.630 — Policy; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors527.html.
Attorney General Opinions
Including compliance with Department of Environmental Quality rules in forest practice rules, (1972) Vol 35, p 1146
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