Or. Admin. Code § 629-610-0090 - Exemption from Reforestation for Land Uses Not Compatible with Forest Tree Cover
(1) A
landowner, through a plan for an alternate practice, may request all, or
portions of, an operation area be exempted from the reforestation requirements
for the purpose of developing forestland for a use that is not compatible with
the maintenance of forest tree cover. Approval of a plan for an alternate
practice shall be obtained for such an exemption from the State Forester and
shall only be granted for the smallest land area necessary to carry out the
intended change in land use. Reforestation shall be required on the portions of
operation areas not directly involved in the land use change.
(2) In seeking approval of the plan for an
alternate practice, the landowner shall provide written documentation to the
State Forester which establishes:
(a) The
specific portion of the operation area necessary for the proposed change in
land use;
(b) The intended change
in land use and the incompatibility of the land use with forest tree cover;
(c) The intended change in land
use is authorized under local land use and zoning ordinances, and all necessary
permits and approvals have been obtained, or will be obtained within 12 months
following the reduction in tree stocking; and
(d) The county assessor and local planning
department have been notified in writing of the proposed change in land use.
(3) Reasonable progress
towards the change in land use, as determined by the State Forester, shall be
made within 12 months of the completion of the operation. Evidence of
reasonable progress towards a change to an agricultural use may include
activities such as stump removal, cultivation, fencing, and planting or seeding
of crops or pasture. Evidence of reasonable progress towards a change to a use
involving building a structure may include activities such as stump removal,
excavation, and construction.
(4)
The change in land use shall be completed and continuously maintained within 24
months of the completion of the operation.
(5) If the change in land use cannot be
accomplished within the specified time due to circumstances beyond the
landowner's control, the State Forester shall extend the time to accomplish the
change in land use. Such circumstances may include, but are not limited to,
governmental delays in reviewing and processing permits and approvals, but do
not include delays where a landowner is appealing the denial of a permit or
approval if the State Forester does not have reason to believe the landowner
will prevail on appeal. Extensions shall be made only upon a determination by
the State Forester, based on written evidence provided by the landowner, that
the landowner made reasonable attempts to comply. Landowners who need
extensions are encouraged to contact the State Forester as soon as possible
after the circumstances occur.
(6)
The State Forester shall determine if the change in land use has been completed
by:
(a) The presence or absence of
improvements necessary for use of the land for the intended purpose; and
(b) Evidence of established and
continuously maintained use of the land for the intended purpose.
(7) To remain exempt from the
reforestation requirements the landowner shall continuously maintain the land
in the new use until at least six calendar years following the completion of
the operation.
Notes
Stat. Auth.: ORS 527.710
Stats. Implemented: ORS 527.674 & 527.745
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.