Oregon’s Uniform Forest Management Planning System
April 2012 Final Review Draft
Summary of Key State and Federal Laws Regulating Private Forestland in Oregon
Oregon Forest Practices Act

Notification of Operations and Permit to Operate Power Driven Machinery -- The first
obligation is to meet the Oregon Forest Practices Act's Notification of Operation
requirements as specified in OAR Chapter 629 (Forest Practices Administration),
Division 605 - Planning Forest Operations. In some cases, a written plan will also be
needed (see below). The landowner, operator, timber owner, or representative must file
the notification of operations with the Oregon Department of Forestry at least 15 days
before starting the work. If machinery, chainsaws, or other power equipment will be
used, a permit to operate power driven machinery is also required. The notification for
the Forest Practices Act, the permit to operate power driven machinery, and the
notification to the Department of Revenue are all done by checking the appropriate boxes
on one form that goes to the Department of Forestry. Contact your local Oregon
Department of Forestry office for more information on any of the notification or permit
requirements. [Tip: Having a Power Driven Machinery Permit limits your maximum
liability to reimburse wildfire suppression costs at $300,000 should a wildfire start as a
result of your operation and all other applicable wildfire protection requirements were
adhered to.] [Tip: Do not take it for granted that a logger or operator has filed a
notification, written plan, or permit to operate power drive machinery with the Oregon
Department of Forestry. The Department will send you a copy if you are listed as
landowner, but you should always ask the operator to show you a copy to be sure.]

Written Plan Requirements -- Many planned actions can trigger the additional
requirement to submit a written plan (developed by the landowner, timber owner or
operator) that documents how the operation is to be conducted to meet provisions of the
Oregon Forest Practices Act. In general, operations conducted within 100 feet of a fish
bearing or domestic water stream; or within 300 feet of a threatened or endangered or
other protected resource site (including significant wetlands) (see Fish and Wildlife
Habitat Protection below) trigger the requirement for submitting a written plan.

Reforestation -- Oregon law (OAR Chapter 629, Division 610 – Forest Practices
Reforestation Rules) requires you as landowner to be responsible for the replanting (or
ensuring natural regeneration) of the forest after a final timber harvest and maintaining
the seedlings to point they are “free-to-grow” at a stocking level that at least meets
Oregon Forest Practices Act minimum stocking standards. [Tip: State law holds the
landowner directly responsible for reforestation even if there is an agreement for the
logger or other operator to complete the planting or other reforestation work. In addition,
this obligation – if still unfulfilled – is inherited by the new landowner when the property
is sold or transferred]

Water Protection Rules—Under the following rules, landowners and operators must
protect water quality and fish and wildlife habitat in and near streams, lakes, and
wetlands by leaving trees and other vegetation near waters, and by minimizing
disturbance to soils and water bodies: OAR Chapter 629; Division 635 (Purpose, Goals,
Stream Classification and Riparian Management Areas), Division 640 (Vegetation
Retention Along Streams), Division 645 (Riparian Management Areas and Protection
Measures for Significant Wetlands), Division 650 (Riparian Management Areas and
Protection Measures for Lakes), Division 655 (Protection Measures for “Other
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Oregon’s Uniform Forest Management Planning System
April 2012 Final Review Draft
Wetlands”, Seeps and Springs) and Division 660 (Other Specific Rules for Operations
Near Waters of the State).

Water Quality Standards – Forest Practices Act Statutes ORS 527.765 and 527.770
establish that the Forest Practices Act – specifically the water protection rules just
discussed -- are Oregon’s Best Management Practices (BMPs) for meeting water quality
standards adopted by the Oregon Environmental Quality Commission pursuant to the
federal Clean Water Act. Failure to comply with these rules not only could result in
enforcement provisions of the Oregon Forest Practices Act under ORS 527.680 through
ORS 527.700, but could also make the forest landowner subject to enforcement action
under water quality regulations administered by the Oregon Department of
Environmental Quality.

Use of Forest Chemicals -- The use of forest chemicals includes the application of
herbicides, insecticides, rodenticides, fungicides and fertilizers – both through ground or
aerial methods – on forestlands. First and foremost, landowners and applicators are
legally obligated under federal and state law to follow all label requirements for the
product in use. Violations of a product labels is breaking the law. A common mistake is
using a chemical product that is not labeled for use on forest lands or for forestry
purposes. Off-label use of a pesticide can lead to state or federal enforcement actions,
and can result in the loss of cost-share funds that have been provided by state or federal
agencies. Applicators are also required to avoid faulty, careless, or negligent use of
pesticides, including allowing pesticides to drift on to another property and damage crops
on other property. It is also a state law requirement that commercial applicators of
pesticides (including forest chemicals) hold a pesticide applicators license. Not everyone
on the crew needs to hold a license as long as the crew is being property supervised by a
licensed applicator. [Tips: Do not take it for granted that a commercial applicator is
properly licensed. Ask for their pesticide applicators license number. The currency of
their license can also be checked using the following website: Search Oregon Pesticide
License Holders].
The Oregon Forest Practices Act sets additional legal obligations for applying forest
chemicals in OAR Chapter 629 Division 620 – Chemical and Other Petroleum Products.
These rules include provisions for preventing, controlling and reporting leaks and spills,
protection of water quality during mixing of chemicals; locations for mixing, transfer and
staging; protection of water bodies and other resources (e.g., required no spray buffers
around lakes and streams), disposal of containers and keeping daily records of chemical
applications. For more information, see: Forest Practices Notes - Number 3 - Chemicals
and Other Petroleum Products.

Fish and Wildlife Habitat Protection – OAR Chapter 629, Division 665 (Specified
Resource Site Protection Rules) of the Oregon Forest Practices Act set forth landowner
and operator obligations for protecting: (a) sensitive bird nesting, roosting and watering
resource sites, (b) threatened and endangered species resource sites, (c) biological sites
that are ecologically and scientifically significant and (d) significant wetlands. Specific
resource site protection rules have been adopted for osprey nesting sites, great blue heron
nesting sites; and bald eagle nesting, roosting and foraging sites. In addition, interim
rules have been adopted for protecting northern spotted owl nesting sites. The Forest
Practices rules also require protection for other habitat sites, including band-tailed pigeon
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Oregon’s Uniform Forest Management Planning System
April 2012 Final Review Draft
mineral springs, golden eagle nests, and marbled murrelet nests (federally listed as a
threatened species). ORS 527.676 specifies wildlife leave tree and downed wood
requirements for harvest operations; the so-called “two-up and two-down” per acre
requirement for clearcuts exceeding 25 acres. Other statutory provisions of the Oregon
Forest Practices Act specify limits on clearcut size and green-up requirements before a
neighboring stand can be clearcut adjacent to a previous clearcut.

Roads -- Oregon law (OAR Chapter 629, Division 625 – Forest Roads, Road
Construction and Maintenance) specifies your obligations for maintaining and
constructing roads and stream crossings to protect water quality and other natural
resources during the course of a forest operation.

Harvesting and Slash Treatment— Oregon law (OAR Chapter 629, Division 630
Harvesting and Division 615 Treatment of Slash) specifies your obligations for protecting
water quality and other natural resources during logging or slash treatment activities.

Landslides and Public Safety—OAR Chapter 629, Division 623 outlines potential
restrictions on road construction and harvesting for very steep slopes (greater than 6570%) above roads or habitable buildings. The restrictions are limited to very specific
conditions, but they can have a strong effect on what you can do on certain portions of
your property if very steep slopes are present. It is very important to work with your
local Oregon Department of Forestry office as early as possible during activity planning
of planned actions to identify steep areas that might be subject to these requirements.

Air Quality -- In general, the Oregon Forest Practices Act requires that each forest
operation be conducted in full compliance with air and water pollution prevention rules
and regulations adopted by the Oregon Department of Environmental Quality. The
Oregon Department of Forestry requires a burning permit for the burning of slash from
harvest operations. Forest burning may be restricted under Oregon's Smoke Management
Plan to protect air quality in populated areas.

Visual and Scenic Quality -- Some highways, rivers and corridors have special
designation as a scenic highway or waterways under either Oregon and/or federal law.
Such designations may have special provisions that apply to your property should your
property contain or abut one of these designations. The Oregon Forest Practices Act
(specifically, ORS 527.755) provides statutory provisions for designated scenic
highways. Rules for scenic waterways are administered by the Oregon Parks and
Recreation Department. [Tip: For a listing of state scenic waterways and applicable
rules, see: Oregon Scenic Waterways. For a listing of Oregon’s scenic byways, see:
Oregon's Scenic Byways. Note, not all of the scenic byway designations are subject to
the scenic highway provisions of the Oregon Forest Practices Act. Likewise, some scenic
highways designated under the Forest Practices Act may not be listed as scenic byways.]
Federal Endangered Species Act
The federal Endangered Species Act requires that landowners and operators avoid the taking
(harming, harassing or killing) of federally endangered species; and when specified by federal
rule, threatened species. Federal take prohibitions can include modifications to habitat essential
for the species survival. In accordance with the federal Endangered Species Act, federal
threatened and endangered species lists are maintained by the U.S. Fish and Wildlife Service and
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Oregon’s Uniform Forest Management Planning System
April 2012 Final Review Draft
the National Oceanic Atmospheric Administration's Fisheries Service. Forest owners should
consult directly with these agencies regarding regulatory requirements for species protection
should there be known occurrences on the property. A comprehensive listing and status of
federally (and state) listed threatened and endangered species in Oregon can be found at:
Threatened and Endangered Species in Oregon. [Tip: Meeting Oregon Forest Practices Act
requirements for federally listed threatened and endangered species DOES NOT protect the
landowner or operator from take prohibitions under the federal Endangered Species Act.
Additional species and habitat protection provisions may apply. Consult directly with the
applicable federal agency if there is a known occurrence of a federally listed threatened and
endangered species on your or neighboring property.]
In addition, when a federal agency funds, licenses, or permits an activity that could have an
effect on a listed threatened or endangered species, or specific designations of Critical
Habitat, the federal agency must consult with appropriate agency with jurisdiction over the
listed species. This provision affects the U.S. Department of Agriculture, Natural Resource
Conservation Service, award of cost-share funding under the Environmental Quality
Incentives and Wildlife Habitat Incentives programs.
State and Federal Laws Relating to the Protection of Archeological, Cultural and Historic Sites

National Historic Preservation Act of 1966 (Federal) as amended through 2000 - authorizes
the Secretary of the Interior to expand and maintain a National Register, establishes and
defines the responsibilities of the State and Tribal Historic Preservation Officers and the
Advisory Council of Historic Preservation (ACHP), and pledges federal assistance to
preservation efforts of state and local groups. The Act requires federal agencies to take into
account the effects of their activities and programs on historic properties. When a federal
agency funds, licenses, or permits an activity that may affect cultural resources, the agency
must consult with the State Historic Preservation Office (SHPO) in cooperation with the
ACHP in Washington, D.C. to comply with Section 106 of the National Historic Preservation
Act. This provision affects the U.S. Department of Agriculture, Natural Resource
Conservation Service, award of cost-share funding under the Environmental Quality
Incentives and Wildlife Habitat Incentives programs.
Archaeological Objects and Sites (ORS 358.905-358.955) (Oregon) - provides definitions of
archaeological sites; their significance and cultural patrimony (objects of importance to
American Indians); prohibits the sale and exchange of cultural items; or damage to
archaeological sites on public and private lands. Items of cultural patrimony or associated
with human remains are protected everywhere, unless the activity is authorized by an
archaeological excavation permit.
Scenic Waterways (ORS 390.805-390.925) (Oregon) - establishes a state policy that protects
historic and archaeological sites that are located adjacent to designated scenic waterways
(i.e., rivers or lakes) from destruction due to the building of dams, construction, mining, etc.
Indian Graves and Protected Objects (ORS 97.740-97.760) (Oregon) - protects all Native
American cairns and graves and associated cultural items.
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Oregon’s Uniform Forest Management Planning System
April 2012 Final Review Draft
Coastal Zone Management Act (Federal)
In an effort to encourage states to better manage coastal areas, Congress enacted the Coastal
Zone Management Act (CZMA) in 1972. The Act allows states to receive grants that develop
and implement federally approved coastal zone management plans. Oregon’s Oregon's Coastal
Management Program is administered by the Oregon Department of Land Conservation and
Development. A major premise of the Coastal Zone Management Act is that implementation of
the coastal management program is best achieved at the state and local level. Participation in the
coastal management program by states is voluntary. Private lands in river basins in Oregon's
Coastal Zone -- river basins that drain to the Pacific Ocean – are subject to Oregon's Coastal
Management Program. The good news is that program requirements for the program are met
through compliance with the Oregon Forest Practices Act. Oregon receives $2 million annually
in grants under provisions of Coastal Zone Management Act – some of which may be available
to private forestlands for watershed and aquatic habitat improvements.
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