OAR 629-625-0650: Vacating Forest Roads and Water Crossings

(1) The purpose of this rule is to ensure that when landowners choose to vacate roads under their control, the roads are left in a condition where road-related damage to waters of the state is unlikely. (2) To vacate a forest road, landowners shall effectively block the road to prevent continued use by vehicular traffic and shall take all reasonable actions to leave the road in a condition where road-related damage to waters of the state is unlikely. (3) To vacate a water crossing, landowners shall completely and permanently remove all water crossing structures, including bridges, culverts, fords, and associated fills. Vacating water crossings must re-establish the natural drainage with no additional maintenance required. (4) To vacate a road, a forest landowner must complete procedures of (a) through (c) of this subsection: (a) Outslope, water bar, or storm-proof roads or otherwise leave roads in a condition suitable to control erosion and maintain water movement within wetlands and natural drainages. (b) Leave ditches in a suitable condition to reduce erosion. (c) Remove water crossing structures and fills on waters of the state unless the department determines other measures would adequately protect public resources. (5) To vacate a water crossing, a forest landowner must complete procedures (a) through (g) of this subsection: (a) Re-establish channel connectivity. (b) Meet the Department of Fish and Wildlife fish passage definition in OAR 635-412-0005 and comply with Department of Fish and Wildlife in-water work period requirements . (c) Ensure that vacating does not result in an artificial fish passage barrier at the time of project completion. (d) Remove all water crossing structures and all imported road fill material. (e) Restore the channel, banks, and side slopes to: (A) Establish the natural streambed and banks as close to the original location as possible to restore or enhance stream conditions and processes to an equivalent width, depth, gradient, and substrate composition as the channel segments upstream and downstream from the crossing; (B) Ensure stable side slopes that do not exceed a 2 horizontal to 1 vertical ratio, unless matching the natural stream bank or valley walls; (C) Incorporate large wood, if appropriate, to expedite restoration of the channel and fish habitat; (D) Require erosion control to address sediment delivery from exposed slopes; (E) Place all excavated material in stable locations and outside of the floodplain; (F) Ensure zero or near-zero road related hydrologic connectivity at the entire site; and (G) Plant exposed stream banks or valley walls with native trees or shrubs to help expedite development of a functioning riparian condition. (f) The landowner shall notify the State Forester that a road or crossing is vacated. The State Forester has 30 days to determine whether the road or crossing has been vacated and to notify the landowner in writing. If the State Forester does not respond within 30 days, the road is presumed to be vacated. (g) Roads and crossings are exempt from maintenance under this section only after sections (4) and (5) of this section is completed. (h) The department shall publish Forest Practices Technical Guidance to assist operators with rule compliance and to explain how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state.