OAR 629-605-0100: Compliance

(1) The operator, landowner, or timber owner shall comply with the practices described in the forest practice statutes and rules unless approval has been obtained from the State Forester for a plan for an alternate practice which is designed to result in the same effect or to meet the same purpose or provide equal or better results as those practices described in statute or administrative rule. (2) The State Forester may approve a plan for an alternate practice to waive or modify forest practice rules when: (a) The State Forester determines that a federal or state agency, a college or university, or a private landowner has submitted an application to the State Forester for a bona fide research project involving activities not in accordance with the rules; or (b) The State Forester determines that waiving or modifying a specific practice will result in less environmental damage than if the practice is applied; or (c) After consulting with the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester determines that waiving or modifying a specific practice will improve soil, water quality, fish habitat, or wildlife habitat; or (d) The State Forester determines that the alternate practice is necessary to provide for public safety or to accomplish a land use change. (e) The State Forester determines that the alternate practice is necessary to establish a wildlife food plot, while providing overall maintenance of forest resources as described in ORS 527.710. (3) When the State Forester’s approval does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall maintain a written explanation of the reasons for approving the alternate practices. (4) The State Forester may approve a plan for an alternate practice to waive or modify rules for resource sites identified in OAR 629-680-0100 (Threatened or Endangered Fish and Wildlife Species), 629-680-0200 (Sensitive Bird Nesting, Roosting and Watering Sites), 629-680-0300 (Significant Wetlands), or 629-680-0400 (Biological Sites) when: (a) The county has an adopted program under OAR 660-016-0005 and 660-016-0010 that has evaluated the resource sites; and (b) Applying the forest practice rules for the identified resource sites would regulate or prevent operations, or uses, allowed under the acknowledged county comprehensive plan.