OAR 629-670-0220: Amount of Penalties; Special Circumstances

(1) Notwithstanding OAR 629-670-0210, when an operator has had three or more separate incidents of forest practice violations within any three year period, the State Forester may assess a civil penalty of any amount up to the limit established in ORS 527.685(1) as may be deemed appropriate to deter the operator from further violation. (2) For violations involving the harvest or destruction of trees or snags required to be maintained, in order to deter future violations, each tree or snag, or group of trees or snags harvested may be treated as a separate violation when it is appropriate in the judgment of the State Forester, considering the real or potential economic gain of operators involved. (3) When making the determination in section (2) of this rule, the State Forester may consider any evidence that the improper removal of the trees or snags yielded real or potential economic advantage. Evidence may include: (a) The market value of the trees or snags at the time they were taken; (b) The market value of the trees or snags compared with the value of the timber harvested in the operation as a whole; or (c) The real or potential increase in the value of the land as a consequence of the harvest, including its value for uses other than forestland.