Or. Admin. Code § 629-600-0100 - Definitions
As used in OAR chapter 629, divisions 603 through 669 and divisions 680 through 699, unless otherwise required by context:
(1) "Abandoned resource site" means a
resource site that the State Forester determines is not active.
(2) "Abandoned roads" are defined as roads
that were constructed prior to 1972 and do not meet the criteria of active,
inactive, or vacated roads. This does not include skid trails.
(3) "Active channel width" means the stream
width between the ordinary high-water lines, or at the channel bankfull
elevation if the ordinary high-water lines are indeterminate.
(4) "Active resource site" means a resource
site that the State Forester determines has been used in the recent past by a
listed species. 'Recent past' shall be identified for each species in
administrative rule. Resource sites that are lost or rendered not viable by
natural causes are not considered active.
(5) "Active roads" are roads currently being
used or maintained for the purpose of removing commercial forest
products.
(6) "Adaptive management
program committee" (AMPC) means the adaptive management program committee
described in OAR 629-603-0300.
(7) "Aquatic area" means the wetted area of
streams, lakes, and wetlands up to the high water level. Oxbows and side
channels are included if they are part of the flow channel or contain
freshwater ponds.
(8) "Aquatic
resource" as defined in section 40(1), chapter 33, Oregon Laws 2022 means:
(a) A species addressed in the Private Forest
Accord Report dated February 2, 2022, and published by the State Forestry
Department on February 7, 2022, and the resources on which the species relies;
or
(b) If a habitat conservation
plan consistent with the Private Forest Accord Report has been approved, a
species addressed in the habitat conservation plan and the resources on which
the species relies.
(9)
"Area of inquiry" means an area along a Type N stream beginning at the
confluence with a Type F or Type SSBT stream and extending:
(a) During Phase 1, to the first 250 feet
encountered without a flow feature.
(b) After Phase 1, to the longer of the
modeled end plus 250 feet, or beyond the modeled end to the end of the first
250 feet encountered without a flow feature.
(10) "Artificial reforestation" means
restocking a site by planting trees or through the manual or mechanical
distribution of seeds.
(11)
"Bankfull elevation" means the point on a stream bank at which overflow into a
floodplain begins.
(12) "Basal
area" means the area of the cross-section of a tree stem derived from
DBH.
(13) "Basal area credit" means
the credit given towards meeting the live tree requirements within riparian
management areas for placing material such as logs, rocks or rootwads in a
stream, or conducting other enhancement activities such as side channel
creation or grazing enclosures.
(14) "Beaver" means a member of the species
Castor canadensis.
(15) "Best available science" means the
standards developed pursuant to OAR
629-603-0400(4).
(16) "Biological goals and objectives" means
the biological goals and objectives as set by the department for a habitat
conservation plan to meet requirements of section 11 (1) chapter 33, Oregon
Laws 2022.
(17) "Bog" means a
wetland that is characterized by the formation of peat soils and that supports
specialized plant communities. A bog is a hydrologically closed system without
flowing water. It is usually saturated, relatively acidic, and dominated by
ground mosses, especially sphagnum. A bog may be forested or non-forested and
is distinguished from a swamp and a marsh by the dominance of mosses and the
presence of extensive peat deposits.
(18) "Bull Trout" means fish species
Salvelinus confluentus.
(19) "Certified steep slopes training" means
the State Forester has certified that a trainee has completed training and
demonstrated sufficient knowledge to determine the field delineation of the
final boundaries for slope retention areas.
(20) "Channel" is a distinct bed or banks
scoured by water which serves to confine water and that periodically or
continually contains flowing water.
(21) "Channel migration zone" (CMZ) means the
area where the active channel of a stream is prone to move and this results in
a potential near-term loss of riparian function and associated habitat adjacent
to the stream, except as modified by a permanent levee, dike, railroad lines,
or any public transportation infrastructure. For this purpose, near term means
the time scale required to grow a mature forest.
(22) "Chemicals" means and includes all
classes of pesticides, such as herbicides, insecticides, rodenticides,
fungicides, plant defoliants, plant desiccants, and plant regulators, as
defined in ORS 634.006(8);
fertilizers, as defined in ORS
633.311; petroleum products used
as carriers; and chemical application adjuvants, such as surfactants, drift
control additives, anti-foam agents, wetting agents, and spreading
agents.
(23) "Commercial" means of
or pertaining to the exchange or buying and selling of commodities or services.
This includes any activity undertaken with the intent of generating income or
profit; any activity in which a landowner, operator, or timber owner receives
payment from a purchaser of forest products; any activity in which an operator
or timber owner receives payment or barter from a landowner for services that
require notification under OAR
629-605-0140; or any activity in
which the landowner, operator, or timber owner barters or exchanges forest
products for goods or services. This does not include firewood cutting or
timber milling for personal use.
(24) "Common ownership" means direct
ownership by one or more individuals or ownership by a corporation,
partnership, association, or other entity in which an individual owns a
significant interest, as defined in section 16(1), chapter 33, Oregon Laws
2022.
(25) "Completion of the
operation" means harvest activities have been completed to the extent that the
operation area will not be further disturbed by those activities.
(26) "Conflict" means resource site
abandonment or reduced resource site productivity that the State Forester
determines is a result of forest practices.
(27) "Covered species" means species for
which incidental take under the federal Endangered Species Act is authorized in
an incidental take permit and covered under a habitat conservation
plan.
(28) "Culvert with imminent
risk of failure" is defined as a culvert in all waters of the state that:
(a) Is actively diverting streams or
ditchline runoff;
(b) Is actively
eroding the road prism or stream channel in a manner that has the potential to
undermine the integrity of the culvert;
(c) Is completely blocked, plugged, crushed,
or buried;
(d) Has partially or
completely failed fill; or
(e) Has
high plugging potential as determined by the Stream Blocking Index or other
comparable methodology, high magnitude of fill at risk, and high diversion
potential in one or both directions.
(29) "Culvert with minimal risks to public
resources" is defined as a culvert in all waters of the state that:
(a) Minimizes delivery of sediment to waters
of the state;
(b) Has not diverted
streams or ditchline runoff and does not have the potential to divert streams
or ditchline runoff; and
(c) For
Type F and Type SSBT streams:
(A) Provides
passage for all species of adult and juvenile fish; and
(B) Provides passage of expected bed load and
associated large woody material likely to be transported during flood
events.
(30)
"Debris flow" means a rapidly moving slurry of rock, soil, wood, and water,
which is most often initiated by a landslide that delivers to and travels
through steep, confined stream channels.
(31) "Debris flow traversal area sub-basins"
means catchments within U.S. Geological Survey Hydrologic Unit Code 4th field
basins that contain debris flow traversal areas that have a probability of
traversal in the upper 20 percent.
(32) "Debris torrent-prone streams" are
designated by the State Forester to include channels and confining slopes that
drain watersheds containing high landslide hazard locations that are of
sufficient confinement and channel gradient to allow shallow, rapid landslide
movement.
(33) "Department" means
the Oregon Department of Forestry.
(34) "Department reporting and notification
system" means a forest activity electronic reporting and notice system operated
by the State Forestry Department, used for a notification of operation and a
permit to use fire or power-driven machinery, also known as the "E-Notification
system" or "FERNS."
(35)
"Designated debris flow traversal areas" mean areas that the slopes model
identifies as most likely to deliver debris flows to Type F or Type SSBT
streams. These have a probability of traversal in the upper 50 percent,
calculated consistent with the methods described in slopes model. The length of
designated debris flow traversal area, as determined by the slopes model, is
either:
(a) The entire length of the
designated debris flow traversal area that has a probability of traversal in
the upper 20 percent; or
(b) A
maximum of 1,000 feet upstream of a Type F or Type SSBT stream confluence for a
designated debris flow traversal area that has a probability of traversal
between 20 percent and 50 percent alone or in combination with a designated
debris flow traversal area that has a probability of traversal in the upper 20
percent.
(36) "Designated
sediment source areas" means areas that the slopes model identifies as most
likely to experience landslides that initiate debris flows that will likely
deliver to Type F or Type SSBT streams. These areas, as identified by the
slopes model, may or may not contain trigger sources. The slopes model
identifies the hillslope areas greater than one-quarter acre in size within
debris flow traversal area sub-basins that provide the top 33 percent of the
landslide-derived sediment to Type F or Type SSBT streams.
(37) "Diameter breast height" (DBH) means the
diameter of a tree inclusive of the bark measured four and one-half feet above
the ground on the uphill side of the tree.
(38) "Domestic water use" means the use of
water for human consumption and other household human use.
(39) "Dying or recently dead tree" means a
tree with less than ten percent live crown or a standing tree which is dead,
but has a sound root system and has not lost its small limbs. Needles or leaves
may still be attached to the tree.
(40) "Eastern Oregon" means the region east
of the Cascade Crest as described in OAR
629-635-0220.
(41) "ELZ" means an equipment limitation zone
in which disturbance from equipment activity shall be minimized.
(42) "Estuary" means a body of water
semi-enclosed by land and connected with the open ocean within which saltwater
is usually diluted by freshwater derived from the land. "Estuary" includes all
estuarine waters, tidelands, tidal marshes, and submerged lands extending
upstream to the head of tidewater. However, the Columbia River Estuary extends
to the western edge of Puget Island.
(43) "Exposure categories" are used to
designate the likelihood of persons being present in structures or on public
roads during periods when shallow, rapidly moving landslides may
occur.
(44) "Filling" means the
deposit by artificial means of any materials, organic or inorganic.
(45) "Fish use" means inhabited at any time
of the year by anadromous or game fish species or fish that are listed as
threatened or endangered species under the federal or state Endangered Species
Act.
(46) "Fledging tree" means a
tree or trees close to the nest which the State Forester determines are
regularly used by young birds to develop flying skills.
(47) "Flow feature" means flowing water for
25 feet or more.
(48) "Flowing
water" means continuous visibly flowing surface water within a
channel.
(49) "Forage" means the
plant species or other source of food that will be provided to substantially
contribute, either directly or indirectly to nutrition of the target wildlife
species or guild.
(50) "Ford" means
a type of stream crossing where the vehicle travels on the streambed or other
installed structure with the wheels of the vehicle in the water if
present.
(51) "Forest conservation
area" means the riparian forestland area that is not harvested that may be
eligible for a forest conservation tax credit. The width of the eligible area
is the difference between the outermost edge of the width of the riparian
management area for the standard practice and the outermost edge of the width
of the riparian management area for the small forestland owner minimum option.
The length of the eligible area is the length of frontage that follows the same
lengths as the standard practice.
(52) "Forest conservation tax credit" means a
tax credit available to small forestland owners who choose to follow the
standard practice used by large forest landowners and claim a tax credit for
some of the value committed to conservation.
(53) "Forest practice" means any operation
conducted on or pertaining to forestland, including but not limited to:
(a) Reforestation of forestland;
(b) Road construction and
maintenance;
(c) Harvesting of
forest tree species;
(d)
Application of chemicals;
(e)
Disposal of slash; and
(f) Removal
of woody biomass.
(54)
"Forest Practices Technical Guidance" means advisory guidance, developed by the
State Forester through a stakeholder process, to assist landowners and resource
professionals to implement the Oregon Forest Practices Act and forest practice
rules.
(55) "Forest road inventory
and assessment" (FRIA) means the road inventory, project planning, and
reporting process required of forestland owners that do not qualify to manage
forestlands under the small forestland owner minimum option.
(56) "Forest tree species" means any tree
species capable of producing logs, fiber or other wood materials suitable for
the production of lumber, sheeting, pulp, firewood or other commercial forest
products except trees grown to be Christmas trees as defined in ORS
571.505 on land used solely for
the production of Christmas trees.
(57) "Forestland" means land which is used
for the growing and harvesting of forest tree species, regardless of how the
land is zoned or taxed or how any state or local statutes, ordinances, rules or
regulations are applied.
(58) "Free
to grow" means the State Forester's determination that a tree or a stand of
well distributed trees, of acceptable species and good form, has a high
probability of remaining or becoming vigorous, healthy, and dominant over
undesired competing vegetation. For the purpose of this definition, trees are
considered well distributed if 80 percent or more of the portion of the
operation area subject to the reforestation requirements of the rules contains
at least the minimum per acre tree stocking required by the rules for the site
and not more than ten percent contains less than one-half of the minimum per
acre tree stocking required by the rules for the site.
(59) "Fully functioning culvert in Type F or
Type SSBT streams" is defined as a culvert that is located in a Type F or Type
SSBT stream, at the time of FRIA inspection, that meets the requirements of the
forest practice rules as of January 1, 2022, and as described in the Forest
Practices Technical Guidance for culverts existing prior to January 1,
2024.
(60) "Fully functioning
culvert in Type N or D streams" is defined as a culvert that is located in a
Type N or Type D stream, and that, at the time of FRIA inspection, meets all
requirements of the forest practice rules as of January 1, 2022.
(61) "Further review area" means an area of
land that may be subject to rapidly moving landslides as mapped by the State
Department of Geology and Mineral Industries or as otherwise determined by the
State Forester.
(62) "Geographic
region" means large areas where similar combinations of climate, geomorphology,
and potential natural vegetation occur, established for the purposes of
implementing the water protection rules.
(63) "Habitat conservation plan" (HCP) means
the federal agencies' planning document designed to accommodate economic
development to the extent possible by authorizing the limited and unintentional
take of listed species when it occurs incidental to otherwise lawful
activities. The plan is designed not only to help landowners and communities
but also to provide long-term benefits to species requirements as identified in
the Endangered Species Act.
(64)
"Harvest type 1" means an operation that requires reforestation but does not
require wildlife leave trees. A harvest type 1 is an operation that leaves a
combined stocking level of free to grow seedlings, saplings, poles and larger
trees that is less than the stocking level established by rule of the board
that represents adequate utilization of the productivity of the site.
(65) "Harvest type 2" means an operation that
requires wildlife leave trees but does not require reforestation. A harvest
type 2 does not require reforestation because it has an adequate combined
stocking of free to grow seedlings, saplings, poles and larger trees, but
leaves:
(a) On Cubic Foot Site Class I, II or
III, fewer than 50 11-inch DBH trees or less than an equivalent basal area in
larger trees, per acre;
(b) On
Cubic Foot Site Class IV or V, fewer than 30 11-inch DBH trees or less than an
equivalent basal area in larger trees, per acre; or
(c) On Cubic Foot Site Class VI, fewer than
15 11-inch DBH trees or less than an equivalent basal area in larger trees, per
acre.
(66) "Harvest type
3" means an operation that requires reforestation and requires wildlife leave
trees. This represents a level of stocking below which the size of operations
is limited under ORS 527.740 and
527.750.
(67) "Harvest type 4" means an operation that
commercially thins or spaces residual trees that does not require reforestation
or retention of wildlife leave trees.
(68) "Headwall" means steep, concave slopes
that can concentrate subsurface water, which can lead to increased landslide
susceptibility. Headwalls are typically located at the head of stream channels,
draws, or swales. Headwalls have slope gradients of 65 percent or greater in
the Tyee Core Area and 70 percent or greater in the rest of the state, as
measured in the axis of the headwall. Landslides that occur in headwalls are
more likely to initiate channelized debris flows that can travel down streams
(also known as debris torrents) than landslides that occur in other areas of
the slope.
(69) "High landslide
hazard location" means a specific site that is subject to initiation of a
shallow, rapidly moving landslide. The following criteria shall be used to
identify high landslide hazard locations:
(a)
The presence, as measured on site, of any slope in Western Oregon (excluding
competent rock outcrops) steeper than 80 percent, except in the Tyee Core Area,
where it is any slope steeper than 75 percent;
(b) The presence, as measured on site, of any
headwall or draw in Western Oregon steeper than 70 percent, except in the Tyee
Core Area, where it is any headwall or draw steeper than 65 percent;
or
(c) Notwithstanding the slopes
specified in (a) or (b) above, field identification of atypical conditions by a
geotechnical specialist may be used to develop site specific slope steepness
thresholds for any part of the state where the hazard is equivalent to (a) or
(b) above. The final determination of equivalent hazard shall be made by the
State Forester.
(70)
"High water level" means the stage reached during the average annual high flow.
The "high water level" often corresponds with the edge of streamside terraces,
a change in vegetation, or a change in soil or litter
characteristics.
(71) "Hydrologic
disconnection" means the removal of direct routes of drainage or overland flow
of road runoff to waters of the state.
(72) "Hydrologic function" means soil,
stream, wetland and riparian area properties related to the storage, timing,
distribution, and circulation of water.
(73) "Important springs" are springs in arid
parts of Eastern Oregon that have established wetland vegetation, flow
year-round in most years, are used by a concentration of diverse animal
species, and, by reason of sparse occurrence, have a major influence on the
distribution and abundance of upland species.
(74) "Inactive roads" are roads used for
forest management purposes exclusive of removing commercial forest
products.
(75) "Independent
research and science team" (IRST) means the independent research and science
team described in OAR
629-603-0400.
(76) "IRST housing agency" means a public
body that houses and supports the Independent Research and Science Team as
described in OAR 629-603-0450.
(77) "Key components" means the attributes
which are essential to maintain the use and productivity of a resource site
over time. The key components vary by species and resource site. Examples
include fledging trees or perching trees.
(78) "Lake" means a body of year-round
standing open water.
(a) For the purposes of
the forest practice rules, lakes include:
(A)
The water itself, including any vegetation, aquatic life, or habitats therein;
and
(B) Beds, banks or wetlands
below the high water level which may contain water, whether or not water is
actually present.
(b)
"Lakes" do not include water developments as defined in this
rule.
(79) "Lamprey"
means a member of the fish genera Entosphenus or
Lampetra.
(80)
"Landowner" means any individual, combination of individuals, partnership,
corporation, or association of whatever nature that holds an ownership interest
in forestland, including the state and any political subdivision
thereof.
(81) "Landslide
mitigation" means actions taken to reduce potential landslide velocity or
re-direct shallow, rapidly moving landslides near structures and roads so risk
to persons is reduced.
(82) "Large
lake" means a lake greater than eight acres in size.
(83) "Large wood key piece" means a portion
of a bole of a tree, with or without the rootwad attached, that is wholly or
partially within the stream, that meets the length and diameter standards
appropriate to stream size and high water volumes established in the "Guide to
Placement of Wood, Boulders and Gravel for Habitat Restoration," developed by
the Oregon Department of Forestry, Oregon Department of Fish and Wildlife,
Oregon Department of State Lands, and Oregon Watershed Enhancement Board,
January 2010.
(84) "Lateral Type Np
stream" means any Type Np stream that is not a Terminal Type Np
stream.
(85) "Live tree" means a
tree that has 10 percent or greater live crown.
(86) "Local population" means the number of
birds that live within a geographical area that is identified by the State
Forester. For example: the area may be defined by physical boundaries, such as
a drainage or subbasin.
(87) "Main
channel" means a channel that has flowing water when average flows
occur.
(88) "Modeled end" means the
upper-most point of perenniality on a perennial stream shown on department maps
and the department's reporting and notification system as described OAR
629-635-0200(18).
The modeled end may change over time in different phases or as updated by
Oregon Department of Fish and Wildlife pursuant to the methods for field
surveys as described in OAR
629-635-0200(11).
(89) "Natural barrier to fish use" is a
natural feature such as a waterfall, increase in stream gradient, channel
constriction, or other natural channel blockage that prevents upstream fish
passage.
(90) "Natural
reforestation" means restocking a site with self-grown trees resulting from
self-seeding or vegetative means.
(91) "Nest tree" means the tree, snag, or
other structure that contains a bird nest.
(92) "Nesting territory" means an area
identified by the State Forester that contains, or historically contained, one
or more nests of a mated pair of birds.
(93) "Operation" means any commercial
activity relating to the establishment, management or harvest of forest tree
species except as provided by the following:
(a) The establishment, management or harvest
of Christmas trees, as defined in ORS
571.505, on land used solely for
the production of Christmas trees.
(b) The establishment, management or harvest
of hardwood timber, including but not limited to hybrid cottonwood that is:
(A) Grown on land that has been prepared by
intensive cultivation methods and that is cleared of competing vegetation for
at least three years after tree planting;
(B) Of a species marketable as fiber for
inclusion in the furnish for manufacturing paper products;
(C) Harvested on a rotation cycle that is 12
or fewer years after planting; and
(D) Subject to intensive agricultural
practices such as fertilization, cultivation, irrigation, insect control and
disease control.
(c) The
establishment, management or harvest of trees actively farmed or cultured for
the production of agricultural tree crops, including nuts, fruits, seeds and
nursery stock.
(d) The
establishment, management or harvest of ornamental, street or park trees within
an urbanized area, as that term is defined in ORS
221.010.
(e) The management or harvest of juniper
species conducted in a unit of less than 120 contiguous acres within a single
ownership.
(f) The establishment or
management of trees intended to mitigate the effects of agricultural practices
on the environment or fish and wildlife resources, such as trees that are
established or managed for windbreaks, riparian filters or shade strips
immediately adjacent to actively farmed lands.
(g) The development of an approved land use
change after timber harvest activities have been completed and land use
conversion activities have commenced.
(94) "Operator" means any person, including a
landowner or timber owner, who conducts an operation.
(95) "Ordinary high-water line" means the
line on the bank or shore to which the high-water ordinarily rises annually in
season, as defined in ORS
274.005.
(96) "Other wetland" means a wetland that is
not a significant wetland or stream-associated wetland.
(97) "Parcel" 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).
(98) "Perch tree" means a tree identified by
the State Forester which is used by a bird for resting, marking its territory,
or as an approach to its nest.
(99)
"Plan for an Alternate Practice" means a document prepared by the landowner,
operator or timber owner, submitted to the State Forester for written approval
describing practices different than those prescribed in statute or
administrative rule.
(100)
"Pre-existing culvert" is defined as a culvert with minimal risks to public
resources that is also:
(a) A fully
functioning culvert in a Type F or Type SSBT stream; or
(b) A fully functioning culvert in a Type N
or Type D stream.
(101)
"Relief culvert" means a structure to relieve surface runoff from roadside
ditches to prevent excessive buildup in volume and velocity.
(102) "R-ELZ" means an equipment limitation
zone in which disturbance from equipment activity shall be minimized and all
trees less than six inches DBH and shrub species are retained where
possible.
(103) "Removal" means the
taking or movement of any amount of rock, gravel, sand, silt, or other
inorganic substances.
(104) "Repeat
Violator" means an operator, timber owner, or landowner for which a finding has
been made by the State Forester under section 46(6), chapter 33, Oregon Laws
2022.
(105) "Replacement tree"
means a tree or snag within the nesting territory of a bird that is identified
by the State Forester as being suitable to replace the nest tree or perch tree
when these trees become unusable.
(106) "Research agenda" means the plan
developed by the AMPC pursuant to OAR
629-603-0200(5)(a).
(107) "Resource site" is defined for the
purposes of protection and for the purposes of requesting a hearing.
(a) For the purposes of protection:
(A) For threatened and endangered bird
species, "resource site" is the nest tree and all identified key
components.
(B) For sensitive bird
nesting, roosting and watering sites, "resource site" is the nest tree, roost
tree or mineral watering place, and all identified key components.
(C) For significant wetlands "resource site"
is the wetland and the riparian management area as identified by the State
Forester.
(b) For the
purposes of requesting a hearing under ORS
527.670(4) and
527.700(3),
"resource site" is defined in OAR
629-680-0020.
(108) "RH Max" means the maximum distance
described for any particular small Type Np stream.
(109) "Riparian area" means the ground along
a water of the state where the vegetation and microclimate are influenced by
year-round or seasonal water, associated high water tables, and soils which
exhibit some wetness characteristics.
(110) "Riparian management area" means an
area along each side of specified waters of the state within which vegetation
retention and special management practices are required for the protection of
water quality, hydrologic functions, and fish and wildlife habitat.
(111) "Road management blocks" means
geographically distinct ownership blocks for which a landowner is encouraged to
conduct a Forest Road Inventory and Assessment.
(112) "Road prism" means the area of the
ground containing the road surface, cut slope, and fill slope.
(113) "Salmon" means any of the five salmon
species that exist in Oregon. These species are:
(a) Chinook salmon (Oncorhynchus
tshawwytscha);
(b) Coho
salmon (Oncorhynchus kisutch);
(c) Chum salmon (Oncorhynchus
keta);
(d) Sockeye salmon
(Oncorhynchus nerka); and
(e) Pink salmon (Oncorhynchus
gorbuscha).
(114) "Saplings and poles" means live trees
of acceptable species, of good form and vigor, with a DBH of one to 10
inches.
(115) "Seedlings" means
live trees of acceptable species of good form and vigor less than one inch in
DBH.
(116) "Seeps" means features
similar to springs, except without a well-defined point or points of
groundwater surface discharge and usually very low flow.
(117) "Shallow, rapidly moving landslide"
means any detached mass of soil, rock, or debris that begins as a relatively
small landslide on steep slopes and grows to a sufficient size to cause damage
as it moves down a slope or a stream channel at a velocity difficult for people
to outrun or escape.
(118) "Side
channel" means a channel other than a main channel of a stream that only has
flowing water when high water level occurs.
(119) "Significant violation" as defined in
section 40(15), chapter 33, Oregon Laws 2022:
(a) "Significant violation" means:
(A) Violation of ORS
527.670(6) by
engaging in an operation without filing the requisite notification;
(B) Continued operation in contravention of
an order issued by the State Forester under ORS
527.680(2)(a), (3), or
(5); or
(C) A violation resulting in major damage to
a resource described in ORS
527.710(2) for
which restoration is expected to take more than 10 years.
(b) "Significant violation" does not include:
(A) Unintentional operation in an area
outside an operating area of an operation for which sufficient notification was
filed pursuant to ORS
527.670(6);
(B) Continued operation in contravention of
an order issued by the State Forester under ORS
527.680 (2)(a), (3), or
(5), where an operator demonstrates that it
did not receive the order; or
(C)
Failure to timely notify the State Forester of an intent to continue an
operation into the next calendar year.
(120) "Significant wetlands" means those
wetland types listed in OAR
629-680-0310, that require site
specific protection, as follows:
(a) Wetlands
that are larger than eight acres;
(b) Estuaries;
(c) Bogs; and
(d) Important springs in Eastern
Oregon.
(121)
"Significantly disproportionately impacted" means a small forestland owner
parcel that:
(a) If it contains a dwelling, is
10 acres or more in size;
(b) Has a
total encumbrance from all small forestland minimum option riparian management
areas, as described in OAR
629-643-0140, greater than 20%
of the forested acreage of the parcel; and
(c) Generates timber revenue that is relied
upon to sustain management activities on forest properties, cover annual costs
of ownership, provide regular contributions to income, or more than 5% of the
revenue is contributed to a planned estate investment as demonstrated by a
Forest Management Plan.
(122) "Slope retention areas" means the 50
percent, at a minimum, of designated sediment source areas in each harvest unit
that will be left unharvested.
(123) "Slopes model" means the department's
computer-generated model to identify designated debris flow traversal areas,
designated sediment source areas, and trigger sources.
(124) "Small forestland" means forestland
that has an owner that owns or holds common ownership interest in less than
5,000 acres of forestland in this state, regulated under section 5(1)(b),
chapter 33, Oregon Laws 2022.
(125)
"Small forestland owner" pursuant to section (16), chapter 33, Oregon Laws 2022
and section 2, chapter 34, Oregon Laws 2022, means a landowner who:
(a) Owns or holds in common ownership
interest in less than 5,000 acres of forestland in this state;
(b) Has harvested no more than an average
yearly volume of two million board feet of merchantable forest products from
the landowner's forestlands in this state, when averaged over the three years
prior to:
(A) The date the department receives
a harvest notification from the landowner; or
(B) If applying for a Small Forestland
Investment in Stream Habitat Program grant, the date the landowner submits a
grant application; and
(c) Affirms that they do not expect to exceed
an average yearly volume of two million board feet of merchantable forest
products to be harvested from the landowner's forestlands in this state for 10
years after the department receives the harvest notification or grant
application; or
(d) Emergency
exception: Any landowner who exceeds the two million board feet average harvest
threshold from their land in the three years prior to submitting a harvest
notification or grant application to the department, or who expects to exceed
the threshold during any of the following 10 years, shall still be deemed a
"small forestland owner" if the landowner establishes to the department's
reasonable satisfaction that the harvest limits were, or will be, exceeded to
raise funds to pay estate taxes or for a compelling and unexpected obligation,
such as for a court-ordered judgment or for extraordinary medical
expenses.
(126) "Small
forestland owner minimum option" means the option to harvest timber allowed to
a small forestland owner under rules adopted under the Oregon Forest Practices
Act.
(127) "Snag" means a tree
which is dead but still standing, and that has lost its leaves or needles and
its small limbs.
(128) "Sound snag"
means a snag that retains some intact bark or limb stubs.
(129) "Springs" means features where
groundwater discharges to land surface or a surface water body at a
well-defined point or points. Spring volumes range from small, intermittent
trickles to millions of gallons per day, depending on the groundwater source
and hydraulic head.
(130) "SSBT
use" means a stream with salmon, steelhead, or bull trout present or otherwise
used by salmon, steelhead, or bull trout at any time of the year as determined
by the State Forester.
(131) "State
Forester" means the State Forester or the duly authorized representative of the
State Forester.
(132) "Steelhead"
means the anadromous life history variant of Oncorhynchus
mykiss.
(133) "Stream"
means a channel, such as a river or creek, which carries flowing surface water
during some portion of the year.
(a) For the
purposes of the forest practice rules, streams include:
(A) The water itself, including any
vegetation, aquatic life, or habitats therein;
(B) Beds and banks below the high water level
which may contain water, whether or not water is actually present;
(C) The area between the high water level of
connected side channels;
(D) Beaver
ponds, oxbows, and side channels if they are connected by surface flow to the
stream during a portion of the year; and
(E) Stream-associated wetlands.
(b) "Streams" do not include:
(A) Ephemeral overland flow (such flow does
not have a channel); or
(B) Road
drainage systems or water developments as defined in this
rule.
(134)
"Stream adjacent failures" means all slopes greater than 70 percent immediately
adjacent to Type F or Type SSBT streams that are either:
(a) Actively failing and delivering sediment,
where erodible material and exposed soils are present and prone to continued
shallow-rapid slope instability, with active features such as tension cracks,
scarps, ground surface shearing, and oversteepened toes; or
(b) Unstable due to the toe interacting
directly with erosive forces of a stream, such that there is likely a slope
failure extending beyond the standard width of the riparian management
area.
(135)
"Stream-associated wetland" means a wetland that is not classified as
significant and that is next to a stream.
(136) "Structural exception" means the State
Forester determines that no actions are required to protect the resource site.
The entire resource site may be eliminated.
(137) "Structural protection" means the State
Forester determines that actions are required to protect the resource site.
Examples include retaining the nest tree or perch tree.
(138) "Stumpage value" means the value of
standing timber based on the value that would be received for the timber if
harvested and delivered to a mill, minus the cost of harvest and delivery to
the mill.
(139) "Target wildlife"
means a wildlife species or wildlife guild expected to benefit from the
installation of a wildlife food plot.
(140) "Temporal exception" means the State
Forester determines that no actions are required to prevent disturbance to
birds during the critical period of use.
(141) "Temporal protection" means the State
Forester determines that actions are required to prevent disturbance to birds
during the critical period of use.
(142) "Terminal Type Np stream" means the
largest Type Np stream by basin size that is immediately upstream of the end of
a Type F or Type SSBT stream.
(143)
"Timber owner" means any individual, combination of individuals, partnership,
corporation or association of whatever nature, other than a landowner, that
holds an ownership interest in any forest tree species on forestland.
(144) "Tree leaning over the channel" means a
tree within a riparian management area if a portion of its bole crosses the
vertical projection of the high water level of a stream.
(145) "Trigger sources" means areas within
designated sediment source areas that the slopes model identifies as most
likely to trigger a high-volume debris flow. These areas have the top 20
percent probability of triggering a top 33 percent high-volume debris
flow.
(146) "Tyee Core Area" means
a location with geologic conditions including thick sandstone beds with few
fractures. These sandstones weather rapidly and concentrate water in shallow
soils creating a higher shallow, rapidly moving landslide hazard. The Tyee Core
Area is located within coastal watersheds from the Siuslaw watershed south to
and including the Coquille watershed, and that portion of the Umpqua watershed
north of Highway 42 and west of Interstate 5. Within these boundaries,
locations where bedrock is highly fractured or not of sedimentary origin as
determined in the field by a geotechnical specialist are not subject to the
Tyee Core Area slope steepness thresholds.
(147) "Type D stream" means a stream that has
domestic water use, but no fish use.
(148) "Type F stream" means a stream with
fish use, or both fish use and domestic water use.
(149) "Type N stream" means a stream that
meets the criteria of a Type Np or Ns stream.
(150) "Type Np stream" means all perennial
streams that are not Type SSBT or Type F.
(151) "Type Ns stream" means all seasonal
stream reaches that are not Type SSBT, Type F or Type Np streams.
(152) "Type SSBT stream" means a stream that
is classified as a Type F stream and has SSBT use.
(153) "Unit" means an operation area
submitted on a notification of operation that is identified on a map and that
has a single continuous boundary. Unit is used to determine compliance with ORS
527.676 (down log, snag and
green live tree retention), 527.740 and 527.750 (harvest type 3 size
limitation), and other forest practice rules.
(154) "Vacated roads" are roads that have
been made impassable and are no longer to be used for forest management
purposes or commercial forest harvesting activities.
(155) "Verified end" means the upper-most
point of perenniality established pursuant to field verification as required by
629-635-0200(18)(c).
(156) "Water bar" means a diversion ditch or
hump in a trail or road for the purpose of carrying surface water runoff into
the vegetation and duff so that it does not gain the volume and velocity which
causes soil movement or erosion.
(157) "Water development" means water bodies
developed for human purposes that are not part of a stream such as waste
treatment lagoons, reservoirs for industrial use, drainage ditches, irrigation
ditches, farm ponds, stock ponds, settling ponds, gravel ponds, cooling ponds,
log ponds, pump chances, or heli-ponds that are maintained for the intended use
by human activity.
(158) "Waters of
the state" include lakes, bays, ponds, impounding reservoirs, springs, wells,
rivers, streams, creeks, estuaries, marshes, wetlands, inlets, canals, the
Pacific Ocean within the territorial limits of the State of Oregon, and all
other bodies of surface or underground waters, natural or artificial, inland or
coastal, fresh or salt, public or private (except those private waters which do
not combine or effect a junction with natural surface or underground waters),
which are wholly or partially within or bordering the state or within its
jurisdiction.
(159) "Western
Oregon" means the region west of the Cascade Crest as described in OAR
629-635-0220.
(160) "Wetland" means those areas that are
inundated or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands include marshes, swamps, bogs, and similar areas. Wetlands
do not include water developments as defined in this rule.
(161) "Wildlife food plot" means a small
forestland area that, instead of being used for growing and harvesting of a
forest tree species, is planted in vegetation or has vegetation capable of
substantially contributing to wildlife nutrition.
(162) "Wildlife guild" means a grouping of
wildlife that has similar characteristics and fulfills similar ecological roles
in the environment.
(163) "Wildlife
leave trees" means trees or snags required to be retained as described in ORS
527.676(1).
(164) "Written plan" means a document
prepared by an operator, timber owner or landowner that describes how the
operation is planned to be conducted.
Notes
Statutory/Other Authority: ORS 527.710(1), 527.714, 527.630(3), 526.016(4), 527.678(3)(a) & section 2(1), chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(5), 527.674, 527.714, 527.678(3)(a), 527.620 & section 2(2), chapter 33, Oregon Laws 2022
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