OAR 629-665-0020: Application of Protection and Exception Rules; State Forester Duties; Landowner, Timber Owner and Operator Duties

(1) When a landowner, timber owner or operator proposes an operation near a resource site that requires special protection, the State Forester shall inspect the resource site with the landowner or landowner’s representative, the operator and when available, the appropriate representative of the Department of Fish and Wildlife. The State Forester shall: (a) Identify the resource site. (b) Apply the protection goal in OAR 629-665-0010. (A) If the proposed forest practices do not conflict with the resource site, the operation will not be subject to the protection requirements for the resource site. The operation shall be conducted in compliance with all other existing forest practice rules; (B) If the proposed forest practices conflict with the resource site, the structural and temporal protection requirements for the resource site shall be required to eliminate the conflict; (C) When the proposed forest practices conflict with a resource site, the landowner or operator may request a structural or temporal exception through a plan for an alternate practice, if the applicable administrative rule provides for such an exception. (D) The State Forester shall document and maintain on file the reasons for granting or denying all exceptions. (2) If the proposed operation conflicts with the resource site, the operator shall submit a written plan to the State Forester before starting operations. The written plan shall comply with the requirements of OAR 629-605-0170, Written Plans. (3) When the written plan in subsection (2) of this rule does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall maintain on file a written explanation of the reasons for: (a) Differences in the identification of the resource site; and (b) Different protection levels required for the resource site. (4) When a resource site is discovered by the operator, timber owner or landowner during a forest operation, the party making the discovery shall: (a) Immediately protect all remaining trees within 300 feet of the resource site and submit to the State Forester a written plan for the resource site; and (b) Immediately notify the State Forester.