Oregon Administrative Rules Chapter 632 - DEPARTMENT OF GEOLOGY AND MINERAL INDUSTRIES Oregon Administrative Rules Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE
regon Administrative Rules (OAR) Chapter 629 is the comprehensive set of regulations for the Oregon Department of Forestry (ODF). It is primarily known for containing the Forest Practice Rules, which govern all commercial forest operations on private and state-owned forestlands in Oregon.
The ODF's rulemaking authority stems from the Oregon Forest Practices Act (OFPA), passed in 1971, which was the first law of its kind in the nation. The OARs in Chapter 629 are designed to implement the OFPA's requirements and ensure sustainable forest management, protection of natural resources, and fire prevention.
Here's a breakdown of the key areas and divisions within OAR Chapter 629:
I. General Administration and Policy (Early Divisions):
Division 1 - Procedural Rules: Covers general administrative procedures for the ODF and Board of Forestry, including public participation, meetings, and hearings.
Division 10 - Board Administration; Public Records; Parking: Rules related to the Board of Forestry's operations and public access to records.
Division 20 - State Agency Coordination Program: Details how the ODF coordinates with other state agencies.
Division 21 - Stewardship Agreements: Rules for agreements between landowners and the state for forest management.
Division 22 - Forest Resource Trust: Regulations related to the Forest Resource Trust program.
Division 23 - Forest Taxation: Rules concerning forestland taxation.
Division 25 - Forest Park and Recreation Areas: Regulations for state forest recreation areas.
Division 28 - Special Forest Products; Woodcutting Permitting on State Forest Lands: Rules for harvesting special forest products and obtaining woodcutting permits.
Division 29 - Sale of Forest Products From Lands Owned or Managed by the State Board of Forestry: Governs timber sales from state-owned or managed lands.
Division 31 - Log Export Rules: Regulations concerning the export of logs.
Division 32 - Procedures Governing Defaults on Board of Forestry Timber Sale Contracts: Outlines procedures for handling defaults on timber sale contracts.
Division 33 - State Forest Land Acquisitions and Exchanges: Rules for acquiring and exchanging state forest lands.
Division 34 - Log Scaling Agreements and Scaling Facility Requirements: Regulations for log scaling and scaling facilities.
Division 35 - Management of State Forest Lands: General rules for managing state forests.
II. Fire Protection and Prevention (Divisions 41-48):
Division 41 - Protection Administration: General administrative rules for fire protection.
Division 42 - Fire Control: Regulations related to fire suppression efforts.
Division 43 - Fire Prevention: Important rules focused on preventing wildfires, including requirements for:
Burning permits
Regulated, permit, and absolute closures during fire season
Snag falling
Additional water supply and equipment for operations
Powersaws and spark arresters
Watchmen during industrial operations
Industrial Fire Precaution Levels (IFPL)
Campfires and other fire use
Division 44 - Wildfire Hazard Zones; Wildland-Urban Interface: Rules related to identifying and managing wildfire hazards, including the statewide wildfire hazard map.
Division 45 - Forestland Classification Rules: Defines how lands are classified as "forestland" for regulatory purposes.
Division 46 - Log Brands: Rules for log branding.
Division 47 - Enforcement Policy: Outlines the ODF's policy for enforcing fire prevention requirements, emphasizing education and cooperation before enforcement actions and civil penalties.
Division 48 - Smoke Management: Rules for managing smoke from prescribed burns and other forestry operations.
III. Forest Practices Rules (Divisions 600-680):
This is the core of Chapter 629 and contains the detailed regulations for commercial forest operations. These divisions are frequently updated, especially after major legislative changes like the Private Forest Accord (PFA), which brought significant changes to water and fish habitat protections.
Division 600 - Definitions: Provides definitions for terms used throughout the Forest Practice Rules (e.g., "aquatic area," "riparian management area," "free to grow," "resource site").
Division 605 - Notification, Written Plans and Waivers: Covers requirements for notifying the State Forester before conducting operations and when written plans are necessary, especially for operations near sensitive areas or involving specific activities.
Division 610 - General Requirements: General operating requirements.
Division 615 - Road Construction and Maintenance: Rules for constructing and maintaining forest roads to minimize environmental impacts.
Division 620 - Harvesting: Regulations for timber harvesting, including clearcutting limitations, reforestation requirements, and leaving snags and downed logs for wildlife.
Division 623 - Chemical and Other Petroleum Product Rules: Regulations for the use of pesticides, fertilizers, and other chemicals in forest operations.
Division 625 - Forest Road Construction and Maintenance: (This might be a more detailed or updated version of 615, or a specific aspect of it.)
Division 630 - Harvesting: (Similar to 620, this may contain more specific aspects of harvesting.)
Division 635 - Water Protection Rules: Purpose, Goals, Classification and Riparian Management Areas: Establishes the framework for protecting water resources, including stream classification (e.g., Type F for fish-bearing, Type N for non-fish-bearing) and the designation of Riparian Management Areas (RMAs), also known as "stream buffers," where harvesting is restricted or prohibited.
Division 642 - Water Protection Rules Vegetation Retention Along Streams: Specific rules for leaving vegetation along streams to shade water and provide aquatic habitat.
Division 643 - Post-disturbance Harvest: Rules regarding harvesting after disturbances like wildfires, with recent updates directed by Senate Bill 1501 (2022).
Division 645 - Water Protection Rules: Riparian Management Areas and Protection Measures for Significant Wetlands: Rules for protecting significant wetlands and estuaries.
Division 650 - Water Protection Rules: Riparian Management Areas and Protection Measures for Lakes: Regulations for operations near lakes.
Division 655 - Water Protection Rules: Protection Measures for "Other Wetlands," Seeps and Springs: Covers protection for other wetland types, seeps, and springs.
Division 660 - Water Protection Rules: Specific Rules for Operations Near Waters of the State: Detailed rules for activities near any "waters of the state," including provisions for managing beaver dams and other natural obstructions.
Division 665 - Specified Resource Site Protection Rules: Rules for protecting specific sensitive resource sites, such as those for threatened and endangered wildlife species, sensitive bird nesting/roosting sites, and other unique habitats.
Division 670 - Forest Practices Administration - Enforcement and Civil Penalties: Outlines the enforcement process for violations of the Forest Practices Act, including civil penalties.
Division 672 - Forest Practices Administration - Procedures: Additional administrative procedures related to forest practices.
Division 674 - Forest Practices Administration - Access to Notification and Written Plans: Rules regarding public access to notifications and written plans.
Division 676 - Forest Practices Administration - Appeals: Procedures for appealing ODF decisions.
Division 680 - Resource Site Inventory and Protection Process Rules: Sets criteria for inventorying and protecting special resources on forestlands.
The Oregon Department of Forestry frequently updates these rules in response to new scientific information, legislative mandates (like the Private Forest Accord), and public input to ensure the continued health and productivity of Oregon's forests.
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