OAR 629-605-0140: Notification to the State Forester — Types of Operations

Under the provisions of ORS 527.670: (1) Notification to the State Forester shall be given for the following types of operations: (a) Harvesting of forest tree species including, but not limited to, felling, bucking, yarding, decking, loading or hauling. (b) Construction, reconstruction and improvement of roads, including reconstruction or replacement of crossing structures on any streams. (c) Site preparation for reforestation involving clearing or the use of heavy machinery. (d) Application of chemicals. (e) Clearing forestland for conversion to any non-forest use. (f) Disposal or treatment of slash. (g) Pre-commercial thinning. (h) Cutting of firewood, when the firewood will be sold or used for barter. (i) Surface mining. (j) Establishing and ending the use of wildlife food plots. (2) Notification to the State Forester shall not be required for the following types of activities, which may or may not be operations: (a) The establishment, management or harvest of Christmas trees, as defined in ORS 571.505, on land used solely for the production of Christmas trees. (b) Routine road maintenance, such as grading, ditch cleaning, culvert cleaning, cross drain installation that is not in a stream, or rocking. (c) Tree planting or tree seed applications, except when trees or seeds are treated with rodenticides. (d) Cutting of firewood, when the firewood will not be sold or used for barter. (e) Harvesting or collection of minor forest products, such as boughs, cones and hardwood burls. (f) Road reconstruction of an emergency nature where delay for notification procedures presents a greater potential for resource damage than the operation. Within 48 hours after starting an emergency road reconstruction operation, the operator shall contact the State Forester and report the operation. When asked by the State Forester, the operator shall be able to demonstrate that an emergency actually existed. (g) The establishment, management, or harvest of hardwood timber, including but not limited to hybrid cottonwood, that is: (A) Grown on land that has been prepared by intensive cultivation methods and that is cleared of competing vegetation for at least three years after tree planting; (B) Of a species marketable as fiber for inclusion in the furnish for manufacturing paper products; (C) Harvested on a rotation cycle that is 12 or fewer years after planting; and (D) Subject to intensive agricultural practices such as fertilization, cultivation, irrigation, insect control and disease control. (h) The establishment, management or harvest of trees actively farmed or cultured for the production of agricultural tree crops, including nuts, fruits, seeds and nursery stock. (i) The establishment, management or harvest of ornamental, street, or park trees within an urbanized area, as that term is defined in ORS 221.010. (j) The management or harvest of juniper species conducted in a unit of less than 120 contiguous acres within a single ownership. (k) The establishment or management of trees intended to mitigate the effects of agricultural practices on the environment or fish and wildlife resources, such as trees that are established or managed for windbreaks, riparian filters or shade strips immediately adjacent to actively farmed lands. (l) The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced. (3) Exemption from notification of certain types of operations does not relieve the operator's responsibility for complying with the applicable forest practice rules.