Or. Admin. R. 629-665-0020 - Application of Protection and Exception Rules; State Forester Duties; Landowner, Timber Owner and Operator Duties
(1) When a landowner, timber owner or
operator proposes an operation near a resource site that requires special
protection, the State Forester shall inspect the resource site with the
landowner or landowner's representative, the operator and when available, the
appropriate representative of the Department of Fish and Wildlife. The State
Forester shall:
(a) Identify the resource
site.
(b) Apply the protection goal
in OAR
629-665-0010.
(A) If the proposed forest practices do not
conflict with the resource site, the operation will not be subject to the
protection requirements for the resource site. The operation shall be conducted
in compliance with all other existing forest practice rules;
(B) If the proposed forest practices conflict
with the resource site, the structural and temporal protection requirements for
the resource site shall be required to eliminate the conflict;
(C) When the proposed forest practices
conflict with a resource site, the landowner or operator may request a
structural or temporal exception through a plan for an alternate practice, if
the applicable administrative rule provides for such an exception.
(D) The State Forester shall document and
maintain on file the reasons for granting or denying all exceptions.
(2) If the proposed
operation conflicts with the resource site, the operator shall submit a written
plan to the State Forester before starting operations. The written plan shall
comply with the requirements of OAR
629-605-0170,
Written Plans.
(3) When the written
plan in subsection (2) of this rule does not follow the written recommendations
of the Department of Fish and Wildlife or other responsible coordinating state
agency, the State Forester shall maintain on file a written explanation of the
reasons for:
(a) Differences in the
identification of the resource site; and
(b) Different protection levels required for
the resource site.
(4)
When a resource site is discovered by the operator, timber owner or landowner
during a forest operation, the party making the discovery shall:
(a) Immediately protect all remaining trees
within 300 feet of the resource site and submit to the State Forester a written
plan for the resource site; and
(b)
Immediately notify the State Forester.
Notes
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.674 & 527.715
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