OAR 629-670-0010: Definitions

Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. Rules that relate to fish streams apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023. As used in OAR chapter 629, divisions 670 through 680: (1) "Board" means the State Board of Forestry. (2) "Damage" means an adverse disturbance to a resource protected by the Oregon Forest Practices Act that cannot be immediately stabilized and corrected, resulting from a forest practice that is not in compliance with the Oregon Forest Practices Act or the forest practice rules. (3) "Forest practice rule" means any rule regulating operations under the Oregon Forest Practices Act, as found in OAR chapter 629, divisions 600 through 680. (4) "Operation" means any commercial activity relating to the establishment, management or harvest of forest tree species except as provided by the following: (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) 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. (c) 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. (d) The establishment, management or harvest of ornamental, street or park trees within an urbanized area, as that term is defined in ORS 221.010. (e) The management or harvest of juniper species conducted in a unit of less than 120 contiguous acres within a single ownership. (f) 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. (g) The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced. (5) "Operator" means any person, including a landowner or timber owner, who conducts an operation. (6) “Plan for an Alternate Practice” means a document prepared by the landowner, operator or timber owner, submitted for approval in writing by the State Forester describing practices different than those prescribed in statute or administrative rule. (7) "State Forester" means the State Forester or the duly authorized representative of the State Forester. (8) "Timely corrective action" means action to be taken by the operator within a specified time to prevent or reverse the damage potentially caused by an unsatisfactory condition. (9) “Repeat Violator” means an operator, timber owner or landowner for which a finding has been made by the State Forester under section 46(6), chapter 33, Oregon Laws 2022. (10) “Significant violation” as defined in section 40(15), chapter 33, Oregon Laws 2022 : (a) “Significant violation” means: (A) Violation of ORS 527.670(6) by engaging in an operation without filing the requisite notification; (B) Continued operation in contravention of an order issued by the State Forester under ORS 527.680(2)(a), (3), or (5); or (C) A violation resulting in major damage to a resource described in ORS 527.710(2) for which restoration is expected to take more than 10 years. (b) “Significant violation” does not include: (A) Unintentional operation in an area outside an operating area of an operation for which sufficient notification was filed pursuant to ORS 527.670(6); (B) Continued operation in contravention of an order issued by the State Forester under ORS 527.680(2)(a), (3), or (5), where an operator demonstrates that it did not receive the order; or (C) Failure to timely notify the State Forester of an intent to continue an operation into the next calendar year. (11) "Unsatisfactory condition" means the circumstance which exists when an operator or landowner fails to comply with a practice specified in a forest practice rule or statute listed in ORS 527.990(1) or 527.992 and the State Forester determines that all of the following conditions exist: (a) The forest practice rule or statute applies to the type of operation conducted; (b) The practice is necessary to meet the purpose of the statute or rule; and (c) The operator has not been exempted from the rule or statute by obtaining approval for, or having obtained approval has not followed, a plan for an alternate practice as prescribed by OAR 629-605-0100. (12) "Violation" means the circumstances which exist any time one or more of the following occurs: (a) An operator fails to comply with any provision of ORS 527.670(6) or (7) requiring notification to the State Forester before commencing an operation. (b) An unsatisfactory condition exists, and: (A) Damage has resulted; (B) The State Forester has determined that it is not feasible for the operator, by timely corrective action, to eliminate the consequences of the unsatisfactory condition; or (C) A written statement of unsatisfactory condition has been issued to the operator, the deadline for action has passed and appropriate action has not been taken by the operator. (c) The operator has failed to follow a procedural practice required in statute or rule including, but not limited to, failure to submit a required written plan. (d) An operator has failed to comply with any term or condition of any order of the State Forester issued in accordance with ORS 527.680. (13) "Written statement of unsatisfactory condition" means a written statement issued by the State Forester to a landowner or an operator that describes the nature of an unsatisfactory condition and that specifies the corrective action to be taken within a definite time limit.