Or. Admin. R. 629-642-0110 - [Repealed effective 1/1/2024] Relief for General Vegetation Retention Prescriptions for Type SSBT Streams

(1) Upon written request from a landowner, relief is available if the additional encumbered forested stream area due to Type SSBT classification is 8% or more of the forested portion of any parcel. The additional encumbered forested stream area is measured by the increase in acres of the Type SSBT vegetation prescription over the vegetation prescription for Type F streams. To determine the additional percentage forested stream area encumbered, the increase in acres is divided by the forested parcel acres.
(2) "Parcel" as described in this section means a contiguous single ownership recorded at the register of deeds within the county or counties where the property is located, including any parcel(s) touching along a boundary, but a railroad, road, stream, or utility-right-of-way may intersect the parcel. Single ownership is defined in ORS 527.620(14).
(3) If a landowner qualifies for relief, the landowner may utilize:
(a) Type SSBT Relief Prescription 1 which is Type SSBT Prescription 1, as described in OAR 629-642-0105(10), within a reduced riparian management area of 50 feet or 70 feet for small and medium Type SSBT streams, respectively; or
(b) Type SSBT Relief Prescription 2 which is Type SSBT Prescription 2, as described in OAR 629-642-0105(11), within a reduced riparian management area of 50 feet or 70 feet for small and medium Type SSBT streams, respectively. See Table 6 for reduced basal area targets and live conifer tree requirements.
(4) Type SSBT Relief Prescription 1:
(a) Retain all trees within 50 feet of the high water level of a small stream.
(b) Retain all trees within 70 feet of the high water level of a medium stream.
(c) Where Type SSBT Relief Prescription 1 is applied, operators may count as wildlife leave trees all trees that meet wildlife leave tree requirements:
(A) Within 20 feet of the high water level.
(B) In the remainder of the riparian management area, up to 50 percent of the basal area trees used to meet the basal area target in Table 6.
(C) Any trees within the area described in (B) in excess of the basal area target in Table 6.
(5) Type SSBT Relief Prescription 2:
(a) Operators shall retain trees that are well-distributed by length and width of the riparian management area beyond 20 feet of the high water level of the stream, minimize the creation of large gaps, favor small openings in the canopy, and leave residual trees in a manner that promotes understory as well as diameter and crown growth. Operators shall satisfy these requirements by meeting the following minimum standards:
(A) For small Type SSBT streams, the riparian management area length will be measured in 500-foot segments. Within each 500-foot segment at least 25 percent of the required basal area target, rounded up to the nearest whole number, and 50 percent of the required live conifer trees, rounded up to the nearest whole tree, shall be located between:
(i) 20 feet and 35 feet of the high water level, see Table 6; and
(ii) 35 feet and 50 feet of the high water level, see Table 6.
(B) For medium Type SSBT streams, the riparian management area length will be measured in 500-foot segments. Within each 500-foot segment at least 25 percent of the required basal area target, rounded up to the nearest whole number, and 50 percent of the required live conifer trees, rounded up to the nearest whole tree, shall be located between:
(i) 20 feet and 45 feet of the high water level, see Table 6; and
(ii) 45 feet and 70 feet of the high water level, see Table 6.
(b) For stream segments that are less than 500 feet, the required basal area and live conifer trees are reduced proportionally.
(c) The operator shall provide a description in the written plan and map where the measurement for the 500-foot stream segments begin and end.
(d) Operators shall retain live conifer trees:
(A) For small Type SSBT streams, at least 6 live conifer trees per 500 feet along the stream, located between 20 feet and 50 feet from the high water level. Live conifer trees must be at least 8 inches DBH to count toward these requirements, see Table 6.
(B) For medium Type SSBT streams, at least 13 live conifer trees per 500 feet along the stream, located between 20 feet and 70 feet from the high water level. Live conifer trees must be at least 8 inches DBH to count toward these requirements, see Table 6.
(e) Operators shall retain hardwood and conifer trees and snags six inches or greater DBH to meet the following basal area requirements:
(A) For small Type SSBT streams, conifer and hardwood basal area target is shown in Table 6.
(B) For medium Type SSBT streams, conifer and hardwood basal area target is shown in Table 6.
(C) Up to 10 percent of the basal area requirements may be comprised of sound conifer snags at least 30 feet tall.
(f) Where Type SSBT Relief Prescription 2 is applied, operators may count as wildlife leave trees all trees that meet wildlife leave tree requirements:
(A) Within 20 feet of the high water level.
(B) In the remainder of the riparian management area, up to 50 percent of the basal area trees retained to meet the basal area target in Table 6.
(C) Any trees within the area described in (B) in excess of the basal area target in Table 6.
(6) The State Forester will identify those parcels that potentially qualify for relief.
(7) The State Forester will make the final determination on whether a parcel qualifies for relief.

Notes

Or. Admin. R. 629-642-0110
DOF 1-2017, f. 6-9-17, cert. ef. 7/1/2017; DOF 3-2020, amend filed 11/19/2020, effective 1/1/2021; DOF 7-2022, f. 11/21/2022, & cert. ef. 1/1/2024

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Statutory/Other Authority: 527.710, 527.630(3), 527.714 & 526.016(4)

Statutes/Other Implemented: ORS 527.630(5), 527.674, 527.714, 527.715, 527.765, 527.710 & 527. 919(9)

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