Or. Admin. Code § 629-678-0100 - Administration

(1) The Department of Forestry shall administer the compliance monitoring program.

(2) Compliance monitoring may be conducted by the department, through department contractors, or both.

(3) The department shall determine the status of the completion of forest activities that the State Forester received notification by the following measures:

(a) Landowners shall inform the State Forester of the completion of notified forest activities, as described in OAR 629- 605-0150(10); and

(b) The State Forester is authorized under section 44, chapter 33, Oregon Laws 2022 to use the photogrammetric mapping for compliance monitoring.

(4) The compliance monitoring program shall be supported by a stakeholder group consisting of representatives with expertise in the rules being monitored, including but not limited to the department, landowners, operators, tribes, and public representatives.

(5) The board may direct the department to conduct compliance monitoring analysis for specific rules for multiple operations, multiple rules implemented at the operation unit level, or both, as appropriate to determine levels of compliance.

(6) The department shall develop study designs, including sample selection and evaluation criteria to ensure a high level of confidence in the statistical modeling findings, by doing the following:

(a) Hire or consult an external, qualified statistician to aid in developing sample selection and evaluation criteria to ensure a high level of confidence in reported results;

(b) Be informed by past board and third-party compliance monitoring program assessments and by similar reviews of other compliance monitoring programs in nearby states;

(c) Explicitly define all sampling elements; and

(d) Analyze rates of compliance at the appropriate temporal and spatial scale to reduce autocorrelation, variance, and statistical bias.

(7) Forest landowners shall accommodate the State Forester by allowing access to the operation site, for activities that they have informed the State Forester of completion, as described in OAR 629-605-0150(10).

(8) Notice shall be given to forest landowners before on-site compliance monitoring to provide the landowner an opportunity to be present with the State Forester.

(9) The State Forester may petition the circuit court with jurisdiction over the forestland for a warrant authorizing the State Forester property access to conduct compliance monitoring.

(10) When identified from the compliance monitoring, the department shall examine areas of noncompliance to determine the need for new training, guidance, rule clarification, or other action.

Notes

Or. Admin. Code § 629-678-0100

DOF 7-2022, adopt filed 11/21/2022, effective 1/1/2024

Statutory/Other Authority: ORS 527.710, Section 2(1), Chapter 33, Oregon Laws 2022

Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022, Section 44, Chapter 33, Oregon Laws 2022