OAR 629-610-0070: Suspension of the Reforestation Rules

(1) A landowner must submit to the State Forester a plan for an alternate practice to suspend the reforestation rules for the salvage or conversion of low value forest stands, to establish forest stands that are adequately stocked and free to grow. (2)(a) The State Forester may approve the plan for an alternate practice when the harvest area is a conversion of underproducing forestland, or a salvage of forest stands where the merchantable trees are dead or dying due to wildfire, insects, diseases or other factors beyond the landowner's control and the State Forester determines: (A) The landowner is approved for funding from a forest incentive program, for which the State Forester is the technical advisor; and (B) The gross harvest revenues will not exceed the total costs of harvest, taxation, and reforestation. (b) For the purposes of this rule, "conversion of underproducing forestland" means an operation that: (A) Is conducted on forestland that is subject to the reforestation requirements; (B) Does not currently support the minimum number of free to grow trees required under OAR 629-610-0020; (C) Has the objective of removing undesirable competing vegetation and establishing an adequately stocked, free to grow forest stand; and (D) May include the incidental harvest of forest products. (3) To determine whether subsection (2)(a)(B) of this rule is met on a harvest operation that has not started, the State Forester shall make a field observation of the harvest area to determine: (a) The estimated merchantable volume; (b) The value of the merchantable volume by applying current local market values; and (c) The estimated harvest, taxation, and reforestation costs. (4) When the State Forester is not able to determine the projected revenues and projected costs from the field observation described in subsection (3) of this rule, the State Forester may require the landowner to submit one or more of the following: (a) A third party estimate, by species and grade, of the volumes and values of logs to be delivered to the mill; (b) The projected costs of harvesting the forest products, including, but not limited to, harvest planning and administration, road construction and maintenance, felling and bucking, yarding, and loading and hauling; (c) The projected severance, harvest, and income taxes; (d) The projected costs of reforestation, including planning and administration, site preparation, trees, tree planting, tree protection, and moisture conservation; or (e) The projected costs of any other measures necessary to establish a forest stand in an adequately stocked and free to grow condition, as specified in the reforestation rules. (5) To determine whether subsection (2)(a)(B) of this rule is met on a harvest operation that has started, but is not yet complete, the landowner shall submit to the State Forester one or more of the following: (a) The contracts executed to sell and harvest forest products, including but not limited to, all logging costs and receipts; (b) All the forest products scaling summaries showing gross and net volumes, by species and corresponding mill receipts showing payment; or (c) Any tax forms, records or reports submitted by the landowner that detail the gross and net volumes of forest products harvested, by species, plus logging and management costs used to determine harvest and severance taxes. (6) Operations that are complete are not eligible for a suspension of the reforestation rules. (7) The State Forester shall revoke the suspension of the reforestation rules at any time within 6 years of completing the operation if the landowner fails to establish a forest stand: (a) According to the specifications and time lines required under the applicable forest incentive program; or (b) In an adequately stocked and free to grow condition, as specified in the reforestation rules.