OAR 629-610-0100: Exemption from Reforestation for Wildlife Food Plots

(1) For the purposes of this rule only, “small forestland” means forestland as defined in ORS 527.620 that: (a) Has an owner that owns or holds common ownership interest in at least 10 acres of Oregon forestland but less than 5,000 acres of Oregon forestland; and (b) Constitutes all forestland within a single tax lot and all forestland within contiguous parcels owned or held in common ownership by the owner. (2) A landowner may utilize a portion of their property for the establishment of one or more wildlife food plots. The establishment of wildlife food plots in lieu of reforestation is an allowable forest operation under ORS 527.678. The purpose of this rule is to allow landowners to establish or increase the area of food or forage available to wildlife, and to exempt a percentage of their property from reforestation requirements following timber harvest. (3) Wildlife food plots are considered forestland as defined in ORS 527.620. Wildlife food plots provide an intended benefit to the landowner, and additional benefits to the State through providing or enhancing food resources for wildlife. (4) A landowner is eligible to utilize wildlife food plots as a management choice on their property if: (a) The ownership size in Oregon is greater than 10 acres but less than 5,000 acres; (b) The area to be used for a wildlife food plot must currently be in a forest use; and (c) The wildlife food plot area would otherwise be subject to the reforestation rules described in OAR 629-610-0000 through 629-610-0100. (5) Based on the area of small forestland ownership, the combined size of wildlife food plots shall not exceed: (a) 2.5 percent of the small forestland, if the small forestland is 500 acres or less in size (combined size of wildlife food plots equals 0.25 to 12.5 acres); (b) 2.0 percent of the small forestland, if the small forestland is more than 500 acres but not more than 1,000 acres in size (combined size of wildlife food plots equals 10 to 20 acres); or (c) 1.0 percent of the small forestland, if the small forestland is over 1,000 acres but less than 5,000 acres in size (combined size of wildlife food plots equals 10 to 50 acres). (6) To establish and maintain a wildlife food plot in lieu of reforestation, a landowner shall: (a) Provide notification to the State Forester per OAR 629-605-0140 through 0150. (b) Create a plan for alternate practice that includes the following: (A) Landowner contact information; (B) The acreage of the small forestland where the wildlife food plot is desired; (C) A map showing location and acreage of proposed and existing wildlife food plots; (D) A narrative that describes the target wildlife, the forage expected to substantially contribute to the nutritional requirements of the target wildlife species or guild, the activities required to maintain the wildlife food plot, and a timeline of planned establishment and maintenance activities; and (E) A strategy for the monitoring and management of plant and animal species that may prevent the establishment of the target forage species. (c) Provide the plan for alternate practice to the State Forester for approval, and as a mechanism for tracking compliance with the wildlife food plot rules. The State Forester shall provide feedback on the plan, and may consult with the Oregon Department of Fish and Wildlife or other agencies as appropriate. (d) Establish the wildlife food plot in a manner consistent with the desired outcomes for the plot, as described in the plan for alternate practice. Establishment activities must include the creation of forage for the target wildlife species or guild. In addition, wildlife food plot establishment may also incorporate cover, nesting habitat, or resting habitat for the target wildlife species or guild. (e) Establish the wildlife food plot through the use of habitat manipulation, planting of forage, or a combination of techniques for the target wildlife species or guild. Habitat manipulation and planting of forage includes, but is not limited to, complete or partial removal of trees and other vegetation, tillage of soil, planting or seeding of forage vegetation of sufficient nutrition for the target wildlife species or guild, or other practices needed for maintenance of the plot to promote a specific seral stage of vegetation. (f) Make reasonable progress towards establishing the wildlife food plot, as determined by the State Forester, within 12 months of completion of the harvest operation that requires reforestation. (g) Fully establish the wildlife food plot within 24 months of completion of the harvest operation that requires reforestation. (h) Ensure the forage vegetation chosen is supported by the environment in which it is being established. Not all vegetation is suitable to be used in the variety of forest soils and land types that occur in Oregon. Designation of specific seed mixes or plant species is beyond the scope of these rules. However, the landowner shall: (A) Source plants and seed to avoid introduction of invasive species to forestlands. This includes, but is not limited to, the introduction of invasive plant, insect, or disease species through the movement of live plant material, seed, or soil. (B) Ensure vegetation chosen for establishment is not on the Oregon Department of Agriculture's noxious weed list. (i) Maintain the wildlife food plot in accordance with the plan for alternate practice. (j) Provide documentation to the State Forester of activities conducted to establish and maintain the wildlife food plot. This documentation shall be provided upon full establishment of the wildlife food plot, and upon request by the State Forester thereafter. Documentation may include, but is not limited to, receipts for work completed and photographs of the wildlife food plot showing that it is in the intended state per the plan for alternate practice. The landowner may also request the State Forester conduct an inspection of the wildlife food plot. (7) If the State Forester determines that the landowner has not maintained the wildlife food plot in its intended state per the plan for alternate practice, the reforestation rules as otherwise required in OAR 629, division 610, become applicable and the landowner shall be required to reforest the wildlife food plot. (8) To end the use of a wildlife food plot, a landowner shall: (a) Provide notification to the State Forester per OAR 629-605-0140 through 0150. (b) Reforest the wildlife food plot in accordance with the reforestation rules, as described in OAR 629, division 610. (9) The landowner shall follow the requirements as outlined in sections (6) and (8) of this rule in order to relocate the wildlife food plot, modify the wildlife food plot size, change the target wildlife species or guild, or end the use of a wildlife food plot.