OAR 629-023-0320: Reporting Underproductive or Unmanaged Forest Land

(1) Under ORS 321.367, the State Forester must report to the appropriate county assessor the location of all designated forest lands that were logged prior to 1973 and are suitable for growing and harvesting timber and fail to meet the minimum stocking requirements under ORS Chapter 527. The State Forester must also report other unmanaged forest lands. (2) For the purpose of this rule the following definitions and procedures will apply: (a) “Just Cause for Inadequate Stocking.” The State Forester will consider all evidence presented by the landowner in determining “just cause” for areas of low stocking or non-management. “Just cause” may include recent acquisitions, severe sites, environmental problems or other conditions beyond the control of the owner; (b) “Acceptable Management Plan.” The State Forester will accept all management plans that contain sufficient information to insure that the required stocking or management will be achieved within a reasonable time period. The plan must have: (A) A legal description of the underproductive or unmanaged lands; (B) A map showing the location of underproductive or unmanaged lands; (C) A description of the method(s) for meeting the management standards prescribed by OAR 629-023-0310; (D) A time schedule for completion. (c) “Reasonable Time.” The reasonable time that will be allowed in the owners management plan for achieving the required stocking levels will be based on total ownership. The plan must show that the following percentages of suitable acres of forest land will be in a stocked or managed condition by: 50 percent within five years, 60 percent within six years, 70% within seven years, and 80 percent thereafter; (d) “Unmanaged Forest Land.” Forest lands that are not in compliance with the management standards as defined in OAR 629-023-0310 will be considered as unmanaged; (e) “Reportable Units.” The State Forester will report units of underproductive forest land and non-managed forest land when: (A) The underproductive or unmanaged acreage is more than half the tax lot acreage or 20 acres,whichever is less; and (B) The units are of a size that can be managed as a unit based on topography, the size of the adjacent stands, and the location of the unit in relation to property lines. (C) There is no acceptable plan that would lead to compliance with OAR 629-023-0310.