2007 Oregon Code - Chapter 477 :: Chapter 477 - Fire Protection of Forests and Vegetation
Chapter 477 —
Fire Protection of Forests and Vegetation
2007 EDITION
FIRE PROTECTION OF FORESTS & VEGETATION
PROTECTION FROM FIRE
GENERAL PROVISIONS
477.001Â Â Â Â Definitions
477.005Â Â Â Â Policy
477.009Â Â Â Â Investigative
authority of Attorney General for fire protection administration
SMOKE MANAGEMENT
477.013Â Â Â Â Smoke
management plan; rules
URBAN INTERFACE FIRE PROTECTION
477.015Â Â Â Â Definitions
477.017Â Â Â Â Legislative
findings, policy and purpose
477.023Â Â Â Â Fire
protection system; integration with existing laws; cooperative agreements
477.025Â Â Â Â Classification
of lands to reflect different protection problems
477.027Â Â Â Â Rules
for classification of lands
477.029Â Â Â Â Local
land classification committee; members; officers; terms; rules
477.031Â Â Â Â Duties
of committee
477.052Â Â Â Â Hearings
on proposed classifications
477.054Â Â Â Â Appeal
of classification decisions; procedure
477.057Â Â Â Â State
Forester to classify land if county fails to act
477.059Â Â Â Â Obligation
of landowner to comply with standards; rules; certification by landowner;
penalty for failure to comply
477.060Â Â Â Â Considerations
in determining cost of protection; special or additional costs
477.061Â Â Â Â Short
title
HAZARD ABATEMENT
477.062Â Â Â Â Inadequately
protected forestland declared nuisance; notice to protect; work at expense of
owner; collection of amount expended
FIRE ABATEMENT
477.064Â Â Â Â Uncontrolled
fire declared nuisance
477.066Â Â Â Â Duty
of owner and operator to abate fire; abatement by authorities
477.067Â Â Â Â Notice
of fire
477.068Â Â Â Â Liability
for cost of abatement; interest; lien; foreclosure; attorney fees
477.069Â Â Â Â Negligence
in origin and in failure to control fire may be united in one complaint
477.085Â Â Â Â Liability
for cost of protecting land within a forest protection district
477.090Â Â Â Â Civil
liability; damages
477.095Â Â Â Â Applicability
of ORS 477.068, 477.085 and 477.090
477.100Â Â Â Â Ability
of owner to suppress fire; limitation
477.120Â Â Â Â Liability
of owner or operator
477.125Â Â Â Â Liability
of forest protective associations, rangeland protection associations and public
bodies; limitations
477.175Â Â Â Â Definition
of “all possible aid” for agreement
477.180Â Â Â Â Ratification
of amendment to agreement; withdrawal if Legislative Assembly fails to ratify
amendment
477.185Â Â Â Â Use
of local fire protection resources
477.190Â Â Â Â Authority
of Governor to carry out agreement
477.195Â Â Â Â Ratification
of Northwest Wildland Fire Protection Agreement
477.200Â Â Â Â Northwest
Wildland Fire Protection Agreement
FOREST PROTECTION DISTRICTS
477.205Â Â Â Â Definitions
for ORS 477.205 to 477.281
477.210Â Â Â Â Duty
of owner to protect forestland; foresterÂ’s duty to provide protection upon
noncompliance
477.220Â Â Â Â Lands
not provided protection; lands not included within ORS 477.205 to 477.281
477.225Â Â Â Â Establishment
and change of forest protection districts; rules
477.230Â Â Â Â Basis
for computing cost of protection provided by forester; costs to be in
accordance with budget
477.232Â Â Â Â Costs
in excess of budget; amounts not expended
477.235Â Â Â Â Forester
to prepare tentative budget estimates for districts
477.240Â Â Â Â Advisory
and guidance committees
477.245Â Â Â Â Owners
entitled to be heard on budget matters; public budget meetings to be held in
district
477.250Â Â Â Â Notice
of budget meeting; notice of proposed assessment
477.255Â Â Â Â Holding
of budget meeting; revision and submission of budget for final approval
477.260Â Â Â Â Appeal
to board
477.265Â Â Â Â Board
to deal with budgets annually
477.270Â Â Â Â Budgeted
cost of forester to be lien; collection; deposit of amounts collected
477.277Â Â Â Â Additional
assessment to maintain unencumbered balance of Oregon Forest Land Protection
Fund
477.281Â Â Â Â Limitation
on obligation of landowner for fire protection
477.295Â Â Â Â Minimum
assessment under ORS 477.270; combining lots; fees; rules
477.300Â Â Â Â Use
of funds in State Forestry Department Account for capital outlay expenditures
of district
477.305Â Â Â Â Forester
to enforce prohibition against littering on forestland in districts
RANGELAND
477.315Â Â Â Â Definition
for ORS 477.315 to 477.325
477.317Â Â Â Â Rangeland
protection associations; organization; assistance from forester
477.320Â Â Â Â Request
of rangeland owners for protection; hearings; determination; cooperative
agreements for protection
477.325Â Â Â Â Budget
for rangeland protection; collection of costs; disposition of receipts
FIRE WARDENS
477.355Â Â Â Â Fire
wardens generally
477.360Â Â Â Â Duties
of fire warden for forest protection district
477.365Â Â Â Â Duties
and powers of wardens
COOPERATIVE CONTRACTS OR AGREEMENTS
477.406Â Â Â Â Cooperative
contracts or agreements for forest protection or forest related activities;
negotiation
477.408Â Â Â Â Provisions
of contract or agreement
477.410Â Â Â Â Liability
of parties; responsibility for equipment; unemployment insurance and workersÂ’
compensation; sovereign immunity
477.412Â Â Â Â Disposition
and use of moneys received by forester under contract or agreement
477.415Â Â Â Â Definitions
for ORS 477.440 to 477.460
477.440Â Â Â Â Emergency
Fire Cost Committee; members; terms; vacancies
477.445Â Â Â Â Distribution
of fire emergency funds by committee
477.450Â Â Â Â Election
of committee chairperson
477.455Â Â Â Â Meetings
of committee; committee administrator
477.460Â Â Â Â Duties
of administrator; compensation and expenses
FIRE PREVENTION
(Fire Seasons)
477.505Â Â Â Â State
Forester may declare fire season in district
477.510Â Â Â Â Acts
prohibited during fire season
(Permits)
477.515Â Â Â Â Permits
required for fires on forestlands; waiver; permit conditions; cooperative
agreements for permit administration; rules
477.520Â Â Â Â Refusal,
suspension or revocation of permits
477.532Â Â Â Â Regional
air quality authorityÂ’s functions limited
(Restricted Uses)
477.535Â Â Â Â Forester
may proclaim forestland subject to restricted uses; coordination of state and
federal land restrictions
477.540Â Â Â Â Notice
of proclamation; suspension or termination; reinstatement
477.545Â Â Â Â Restricted
uses during closure
477.550Â Â Â Â Violation
of restrictions; access for fire fighting permitted
(Smoke Management)
477.552Â Â Â Â Policy
477.554Â Â Â Â Program
establishment; content
477.556Â Â Â Â Advisory
committee; membership; terms; staff
477.558Â Â Â Â Functions
for advisory committee
477.560Â Â Â Â Oregon
Forest Smoke Management Account; moneys paid to account; use
477.562Â Â Â Â Registration
fee; rules
SNAGS; SLASHING AND OTHER DEBRIS
477.565Â Â Â Â Felling
dead trees and snags; rules
477.580Â Â Â Â Determination
of additional fire hazards; notice to landowner; plan for reducing hazard;
release from liability
MACHINERY REGULATIONS
(Enjoining Violations)
477.605Â Â Â Â Enjoining
violations of ORS 477.615 and 477.645 to 477.655
477.610Â Â Â Â Standardization
of fire-fighting equipment used to protect forestland; rules
(General Regulations)
477.615Â Â Â Â Additional
water supply and equipment; rules
477.625Â Â Â Â Permit
to use fire or power-driven machinery; exception; conditions; waiver of permit
477.630Â Â Â Â Information
in permit
477.635Â Â Â Â Authority
to issue, refuse, suspend or revoke permit
(Fire Season Regulations)
477.640Â Â Â Â Use
and refueling of power saws
477.645Â Â Â Â Internal
combustion engines; rules
477.650Â Â Â Â Stationary
internal combustion engines; rules; waiver
477.655Â Â Â Â Fire-fighting
tools and equipment at operation area and on trucks; rules
477.660Â Â Â Â Additional
protection facilities or services at operation area
477.665Â Â Â Â Fire
watch service; rules; waiver
477.670Â Â Â Â When
use of fire or power-driven machinery prohibited
MISCELLANEOUS
477.695Â Â Â Â Removal
of flammable material from railroad rights of way
477.710Â Â Â Â Starting
of campfire or other open fire restricted; exceptions
477.720Â Â Â Â Accidentally
setting fire to forestland; failure to prevent spread
477.740Â Â Â Â Unlawful
use of fire
477.745Â Â Â Â Liability
of parents for costs of suppressing fire caused by minor child
477.747Â Â Â Â Policies
and plans for restoration of burned forestland
477.750Â Â Â Â Oregon
Forest Land Protection Fund; source; use
477.755Â Â Â Â Appropriation
of fund for emergency fire suppression costs; limitation on expenditures
477.760Â Â Â Â Reserve
base of fund fixed; annual determination of excess over base; tax levies and
assessments to maintain base
477.770Â Â Â Â Rules
relating to use of fund
477.775Â Â Â Â Emergency
fire suppression costs insurance; considerations; payment of premium from fund
477.777Â Â Â Â Budget
request required for fire insurance and fire suppression resources; report
ASSESSMENT FOR FIRE SUPPRESSION COSTS
477.880Â Â Â Â Acreage
assessment; east side forestlands; certain forestlands west of
477.960Â Â Â Â Collection
of assessment
477.970Â Â Â Â Disposition
of receipts
PENALTIES
477.980Â Â Â Â Enforcement
policy; rules; factors considered
477.985Â Â Â Â Enforcement
procedure; disposition of fines and costs
477.993Â Â Â Â Penalties
GENERAL PROVISIONS
     477.001
Definitions. As used in this
chapter, unless the context otherwise requires:
     (1) “Additional fire hazard” means a
hazard that has been determined to exist by the forester pursuant to ORS
477.580.
     (2) “Board” means the State Board of
Forestry.
     (3) “Campfire” means any open fire used
for cooking, personal warmth, lighting, ceremonial or aesthetic purposes that
is hand built and that is not associated with any debris disposal activities.
     (4) “Department” means the State Forestry
Department.
     (5) “District” means a forest protection
district organized under ORS 477.225.
     (6) “Every reasonable effort” means the
use of the reasonably available personnel and equipment under the supervision
and control of an owner or operator, which are needed and effective to fight
the fire in the judgment of the forester and which can be brought to bear on
the fire in a timely fashion.
     (7) “Fire season” means a period
designated pursuant to ORS 477.505.
     (8) “Fiscal year” means the period
beginning on July 1 of any year and ending on June 30 of the next year.
     (9) “Forestland” means any woodland,
brushland, timberland, grazing land or clearing that, during any time of the
year, contains enough forest growth, slashing or vegetation to constitute, in
the judgment of the forester, a fire hazard, regardless of how the land is
zoned or taxed. As used in this subsection, “clearing” means any grassland,
improved area, lake, meadow, mechanically or manually cleared area, road, rocky
area, stream or other similar forestland opening that is surrounded by or
contiguous to forestland and that has been included in areas classified as forestland
under ORS 526.305 to 526.370.
     (10) “
     (11) “
     (12) “Forest resource” means the various
types of vegetation normally growing on OregonÂ’s forestland, the associated
harvested products and the associated residue, including but not limited to
brush, grass, logs, saplings, seedlings, trees and slashing.
     (13) “Forester” means the State Forester
or authorized representative.
     (14) “Governing body” of a county means
the county court or board of county commissioners.
     (15) “Grazing land” is defined by ORS
477.205.
     (16) “Open fire” means any outdoor fire
that occurs in such a manner that combustion air is not effectively controlled
and combustion products are not effectively vented through a stack or chimney.
     (17) “Operation” means any industrial
activity, any development or any improvement on forestland inside or within
one-eighth of one mile of a forest protection district, including but not
limited to the harvesting of forest tree species, the clearing of land, the use
of power-driven machinery and the use of fire, excluding, however, the culture
and harvesting of agricultural crops.
     (18) “Operation area” means the area on
which an operation is being conducted and the area on which operation activity
may have resulted in the ignition of a fire.
     (19) “Operation in progress” means that
time when workers are on an operation area for the purpose of an operation,
including the period of time when fire watches are required to be on the
operation area pursuant to ORS 477.665.
     (20) “Operator” means any person who,
either personally or through employees, agents, representatives or contractors,
is carrying on or has carried on any operation.
     (21) “Owner” means an individual, a
combination of individuals, a partnership, a corporation, the State of
     (22) “Political subdivision” includes, but
is not limited to, counties, cities and special districts.
     (23) “Rangeland” is defined by ORS 477.315.
     (24) “Routine road maintenance” is defined
by ORS 477.625.
     (25) “Side” means any single unit of a
logging operation employing power-driven machinery.
     (26) “Slashing” means the forest debris or
refuse on any forestland resulting from the cutting, killing, pruning, severing
or removal of brush, trees or other forest growth.
     (27) “State Forester” means the person
appointed State Forester pursuant to ORS 526.031 or the person serving in the
position on an interim or delegated basis.
     (28) “Summit of the Cascade Mountains” is
considered to be a line beginning at the intersection of the northern boundary
of the State of Oregon and the western boundary of Wasco County; thence
southerly along the western boundaries of Wasco, Jefferson, Deschutes and
Klamath Counties to the southern boundary of the State of Oregon.
     (29) “Timberland” is defined by ORS
477.205.
     (30) “Warden” means a fire warden
appointed under ORS 477.355. [1959 c.363 §2 (enacted in lieu of 477.002); 1961
c.603 §1; 1965 c.253 §44; 1967 c.429 §34; 1973 c.46 §1; 1983 c.22 §1; 1985
c.759 §32; 1997 c.274 §1; 1999 c.59 §156; 1999 c.355 §2; 2003 c.54 §3]
     477.002 [Amended by 1953 c.68 §19; subsection (2) of
1957 Replacement Part enacted as 1953 c.372 §2; subsection (5) of 1957
Replacement Part enacted as 1953 c.152 §1; amended by 1955 c.158 §1; repealed
by 1959 c.363 §1 (477.001 enacted in lieu of 477.002)]
     477.003 [1959 c.363 §20; repealed by 1961 c.351 §1]
     477.004 [Repealed by 1965 c.253 §153]
     477.005
Policy. (1) The preservation
of the forests and the conservation of the forest resources through the
prevention and suppression of forest fires hereby are declared to be the public
policy of the State of
     (2) In order to accomplish the purposes of
the policy stated in this section:
     (a) The need for a complete and
coordinated forest protection system is acknowledged and the primary mission of
the State Forestry Department in such a system is protecting forest resources,
second only to saving lives. Structural protection, though indirect, shall not
inhibit protection of forest resources; and
     (b) This chapter shall include all persons
and activities designated in this chapter, irrespective as to whether or not
such person or activity is concerned with the harvesting, cutting, removal or
marketing of trees, timber or other forest products. [Formerly 477.022; 1965
c.253 §45; 1989 c.615 §5]
     477.006 [Repealed by 1965 c.253 §153]
     477.008 [Amended by 1965 c.253 §87; renumbered
477.360]
     477.009
Investigative authority of Attorney General for fire protection administration. (1) For the purpose of an investigation as
to liability for cost of hazard abatement, fire abatement or damages under this
chapter, the Attorney General, at the request of the State Forester, may
administer oaths and affirmations, take testimony or depositions and by
subpoena compel the:
     (a) Attendance of witnesses;
     (b) Production of documents, including but
not limited to writings, drawings, graphs, charts, photographs, and other data
compilations from which information can be obtained and translated; and
     (c) Production of any other tangible thing
that the Attorney General deems relevant or material to the investigation.
     (2) Each witness subpoenaed under
subsection (1) of this section shall receive the fees and mileage provided in
ORS 44.415 (2).
     (3) If a person fails to comply with a
subpoena issued or a party or witness refuses to testify on any matters, the
judge of the circuit court of any county, on the application of the State
Forester, shall compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from such court or a
refusal to testify therein. [1993 c.697 §6]
     477.010 [Repealed by 1965 c.253 §153]
     477.012 [Amended by 1965 c.253 §88; renumbered
477.365]
SMOKE
MANAGEMENT
     477.013
Smoke management plan; rules.
(1) For the purpose of maintaining air quality, the State Forester and the
Department of Environmental Quality shall approve a plan for the purpose of
managing smoke in areas they shall designate. The plan shall delineate
regulated areas to which this section applies. The plan shall also include but
not be limited to considerations of weather, volume of material to be burned,
distance of the burning from designated areas, burning techniques and provisions
for cessation of further burning under adverse air quality conditions. All
burning permitted within the regulated areas shall be according to the plan.
The plan shall be developed by the State Forestry Department in cooperation
with federal and state agencies, landowners and organizations that will be
affected by the plan. The approved plan shall be filed with the Secretary of
State and may thereafter be amended in the same manner as its formation.
     (2) The State Forester shall promulgate
rules to carry out the provisions of the smoke management plan approved under
this section. [1997 c.274 §47; 2007 c.213 §1]
     477.014 [Amended by 1965 c.253 §89; renumbered
477.370]
URBAN
INTERFACE FIRE PROTECTION
     477.015
Definitions. (1) As used in
ORS 477.015 to 477.061, unless the context otherwise requires, “forestland-urban
interface” means a geographic area of forestland inside a forest protection
district where there exists a concentration of structures in an urban or
suburban setting.
     (2) As used in ORS 477.015 to 477.057,
unless the context requires otherwise:
     (a) “Committee” means a county
forestland-urban interface classification committee.
     (b) “Governing body” means the board of
county commissioners or county court of a county, as the case may be. [1997
c.429 §§3,8]
     477.016 [1963 c.107 §8; amended by 1965 c.253 §72;
renumbered 477.300]
     477.017
Legislative findings, policy and purpose. (1) The Legislative Assembly finds that:
     (a) The forestland-urban interface
situation in
     (b) Urban and suburban structures, real
property and natural resources are subject to increased risks of catastrophic
damage by forestland-urban interface fire events.
     (c) There is greater complexity in
forestland-urban interface fire protection than in either resource land fire
protection or urban structural fire protection.
     (d) In dealing with the forestland-urban
interface situation, major and long term solutions will involve local actions
and efforts by property owners.
     (e) One solution or set of solutions will
not fit all situations or areas of the state.
     (2) The Legislative Assembly declares
that:
     (a) In order to ensure the protection of
human life, the safety of citizens and fire service personnel and the highest
possible level of livability in
     (b) All forestland-urban interface
property owners have a basic responsibility to share in this complete and
coordinated protection system by providing efforts against fire.
     (c) Public and property owner education
and awareness is critical to forestland-urban interface solutions and must
occur at multiple levels.
     (d) In administration of ORS 477.015 to
477.061, it is the intent of the Legislative Assembly that property owners who
will be affected by ORS 477.015 to 477.061 will be:
     (A) Involved in the processes of
development of administrative rules pursuant to ORS 477.015 to 477.061; and
     (B) Notified of the outcomes of
classification pursuant to ORS 477.015 to 477.057.
     (3) The purpose of ORS 477.015 to 477.061
is to:
     (a) Provide a forestland-urban interface
fire protection system in
     (b) Promote and encourage property owner
efforts to minimize and mitigate fire hazards and risks within the
forestland-urban interface.
     (c) Promote and encourage the involvement
and interaction of all levels of government and the private sector that have a
direct or indirect interest and role in the forestland-urban interface
situation over the long term. [1997 c.429 §§4,5,7; 2007 c.30 §1]
     477.020 [1959 c.408 §§1,2,3,4,5; repealed by 1965
c.253 §153]
     477.022 [1953 c.372 §1; 1961 c.603 §2; renumbered
477.005]
     477.023
Fire protection system; integration with existing laws; cooperative agreements. (1) The forestland-urban interface in
     (2)(a) It is recognized that
forestland-urban interface areas are already subject to other laws and to
regulations of other agencies. It is the intent of ORS 477.015 to 477.061 to
integrate with and not replace those other laws and regulations.
     (b) In the event of an apparent conflict
between the obligations imposed by ORS 477.015 to 477.061 and by other laws or
regulations for which the forester is responsible and has jurisdiction, the
forester shall resolve the conflict within the scope of the foresterÂ’s
authority.
     (c) Except as provided in paragraph (d) of
this subsection, the obligations imposed by ORS 477.015 to 477.061 do not
supersede or replace federal law or regulation, other state law or rules, or
more restrictive local government ordinance or code.
     (d) In the event of an apparent conflict
between the obligations imposed by ORS 477.015 to 477.061 and a more
restrictive local government ordinance or code, the State Forester may enter
into a cooperative agreement with the governing body of a local government, the
terms of which provide that ORS 477.015 to 477.061 supersede the local
government ordinance or code in specified cases.
     (e) In the event of an apparent conflict
between the obligations imposed by ORS 477.015 to 477.061 and the declaration,
bylaws, rules or regulations of a homeowners association, the State Forester
may enter into a cooperative agreement with the homeowners association that
allows the declaration, bylaws, rules or regulations of the homeowners
association to supersede ORS 477.015 to 477.061 in specified cases. The term of
a cooperative agreement entered into under this paragraph may not exceed five
years.
     (f) When a real property lot includes one
or more structures that have multiple owners, the State Forester may enter into
a cooperative agreement with one or more of the owners, or a person designated
as the representative of the owners, for the purposes of matters related to ORS
477.015 to 477.061. The term of a cooperative agreement entered into under this
paragraph may not exceed five years.
     (g) Compliance with the obligations
imposed by ORS 477.015 to 477.061 does not relieve the owner of land of the
requirements of other laws or regulations that might apply to the land in
question.
     (3) To encourage development of a complete
and coordinated forestland-urban interface fire protection system, it is declared
to be in the public interest that the State Board of Forestry and the State
Forester take a lead role in statewide coordination of the forestland-urban
interface situation with other state and federal agencies, local governments
and private sector interests that are concerned with fire protection in the
forestland-urban interface. [1997 c.429 §6; 2007 c.30 §2]
     477.024 [1953 c.372 §3; 1955 c.318 §1; 1965 c.253 §57;
renumbered 477.210]
     477.025
Classification of lands to reflect different protection problems. The Legislative Assembly recognizes that the
forestland-urban interface in Oregon varies by condition, situation, fire
hazard and risk, that different forestland-urban interface fire protection
problems exist across the state because of this variability, that these
different problems necessitate varied fire prevention and protection practices
and that, in order to give recognition to such differences and their effect on
the accomplishment of the public policy stated in ORS 477.023, certain classifications
of the forestland-urban interface within the State of Oregon are established by
ORS 477.027 to 477.057. [1997 c.429 §9]
     477.026 [1953 c.372 §4; 1965 c.253 §59; renumbered
477.225]
     477.027
Rules for classification of lands. By administrative rule, the State Board of Forestry shall establish
criteria by which the forestland-urban interface shall be identified and
classified. The criteria shall recognize differences across the state in fire
hazard, fire risk and structural characteristics within the forestland-urban
interface. The criteria shall include not less than three nor more than five
classes of forestland-urban interface. [1997 c.429 §10; 2007 c.30 §3]
     477.028 [1953 c.372 §5; 1957 c.83 §6; 1959 c.363 §3;
1963 c.107 §1; repealed by 1965 c.253 §153]
     477.029
Local land classification committee; members; officers; terms; rules. (1) Pursuant to a request by the State
Forester, the governing body of a county containing forestland-urban interface
may establish a county forestland-urban interface classification committee of
five persons, of whom one shall be appointed by the State Forester, one by the
State Fire Marshal and three by the governing body. Of the members appointed by
the governing body, one must be an owner of land within the forestland-urban
interface who permanently resides on the land. Each appointing authority shall
file with the State Forester the name of its appointee or appointees, and the
persons so named shall constitute the committee for the county. Unless
otherwise provided for by the appointing authority, members of the committee
shall serve a term of four years and may be reappointed to any number of terms.
Each member of the committee at all times is subject to replacement by the
appointing authority, effective upon the filing with the State Forester by that
authority of written notice of the name of the new appointee.
     (2) The committee shall elect from among
its members a chair and a secretary and may elect other officers as it finds
advisable. The committee shall adopt rules governing its organization and
proceedings and the performance of its duties, and shall keep written minutes
of all its meetings. A quorum of the county forestland-urban interface
classification committee for official actions is three members, and a quorum of
a committee established pursuant to subsection (4)(a) of this section is four
members.
     (3) The governing body of the county may
provide for the committee and its employees such accommodations and supplies
and such county funds not otherwise appropriated as the governing body finds
necessary for the proper performance of the committeeÂ’s functions. The members
of the committee shall receive no compensation for their services, but the
governing body may reimburse them for their actual and necessary travel and
other expenses incurred in the performance of their duties. By written
agreement between the State Forester and the governing body, the State Forestry
Department may provide the functions or be responsible for part or all of the
expenses referred to in this subsection.
     (4) In the interest of efficiency, by
written agreement between the State Forester and the governing body, if a
forestland classification committee is established and active within a county
pursuant to ORS 526.305 to 526.340, the members of that committee may also
serve on the county forestland-urban interface classification committee
established by subsection (1) of this section. In the event that this agreement
is made, the State Forester and the governing body shall ensure that either:
     (a) A State Fire Marshal appointee and an
owner of land within the forestland-urban interface who permanently resides on
the land are added to the county forestland classification committee to bring
the total number of committee members to seven; or
     (b) The State Fire Marshal approves of the
current membership of the county forestland classification committee and the
committee includes an owner of land within the forestland-urban interface who
permanently resides on the land. [1997 c.429 §11; 2007 c.30 §4]
     Note: Section 14, chapter 30, Oregon Laws 2007,
provides:
     Sec.
14. (1) The amendments to
ORS 477.029 (1) by section 4 of this 2007 Act establishing a four-year term for
members of county forestland-urban interface classification committees do not
apply to members who are serving on the effective date of this 2007 Act
[January 1, 2008], but a member serving on the effective date of this 2007 Act
may not serve more than four years after the effective date of this 2007 Act
unless the member is reappointed. If a member is reappointed after the
effective date of this 2007 Act, the term of the reappointed member is four
years.
     (2) The amendments to ORS 477.029 (2) by
section 4 of this 2007 Act apply to meetings of a county forestland-urban
interface classification committee taking place on or after the effective date
of this 2007 Act.
     (3) The amendments to ORS 477.059 by
section 9 of this 2007 Act only apply to initial certifications, supplemental
certifications and renewal certifications that are required on or after the
effective date of this 2007 Act. [2007 c.30 §14]
     477.030 [1953 c.372 §6; 1959 c.363 §4; 1965 c.253 §60;
1965 c.312 §1; renumbered 477.230]
     477.031
Duties of committee. (1) A
county forestland-urban interface classification committee established under
ORS 477.029 shall periodically identify all land to be designated as
forestland-urban interface within the county based on the criteria developed
pursuant to ORS 477.027.
     (2) The committee shall assign all
forestland-urban interface forestland identified under subsection (1) of this
section to one of the forestland-urban interface classes developed pursuant to
ORS 477.027.
     (3) Before making final designations and
classifications under this section, the committee shall adopt proposed designations
and classifications. The committee shall publish notice of the proposed
designations and classifications once a week for two consecutive weeks in a
newspaper of general circulation in the county, to be posted in three public
places within the county, and to be mailed to the owners of land that is
affected by the proposed designations and classifications. The notice shall
state the time and place for hearing or receiving objections, remonstrances or
suggestions as to the proposed designations and classifications and the place
where maps of the proposed designations and classifications may be inspected. [1997
c.429 §§12,13; 2007 c.30 §5]
     477.032 [Renumbered 477.062]
     477.033 [1953 c.372 §7; 1955 c.318 §2; 1957 c.83 §7;
1961 c.603 §3; 1963 c.107 §2; 1965 c.253 §69; 1965 c.312 §2; 1965 c.428 §10;
renumbered 477.270]
     477.034 [Amended by 1953 c.661 §2; renumbered
477.064]
     477.035 [1953 c.372 §8; 1965 c.253 §70; 1965 c.312 §3;
renumbered 477.285]
     477.036 [Amended by 1953 c.661 §2; renumbered 477.066]
     477.037 [1953 c.372 §9; 1959 c.363 §5; 1961 c.603 §5;
repealed by 1965 c.253 §153]
     477.038 [Amended by 1953 c.661 §2; renumbered
477.068]
     477.039 [1953 c.372 §10; 1963 c.107 §3; 1965 c.253 §71;
renumbered 477.291]
     477.040 [Amended by 1953 c.661 §2; renumbered
477.070]
     477.041 [1953 c.372 §11; 1965 c.253 §61; renumbered
477.235]
     477.042 [Amended by 1953 c.661 §2; renumbered
477.071 and then 477.067]
     477.043 [1953 c.372 §§12,16; 1957 c.32 §1; 1965
c.253 §64; renumbered 477.245]
     477.044 [Repealed by 1953 c.372 §22]
     477.045 [1953 c.372 §13; 1965 c.253 §65; renumbered
477.250]
     477.046 [Repealed by 1953 c.372 §22]
     477.047 [1953 c.372 §14; 1965 c.253 §66; renumbered
477.255]
     477.048 [Repealed by 1953 c.372 §22]
     477.049 [1953 c.372 §15; 1965 c.253 §67; renumbered
477.260]
     477.050 [Amended by 1953 c.37 §2; renumbered
477.073]
     477.051 [1953 c.372 §17; 1965 c.253 §68; renumbered
477.265]
     477.052
Hearings on proposed classifications. (1) The county forestland-urban interface classification committee
shall hold a public hearing at the time and place stated in the notice
published under ORS 477.031 (3), or at such other time and place to which the
hearing may be adjourned, to receive from any interested persons objections,
remonstrances or suggestions relating to the proposed designations and
classifications. Following the hearing the committee may make such changes in
the proposed designations and classifications as it finds to be proper, hold
additional hearings as it finds necessary, and thereafter shall make final
designations and classifications.
     (2) All final action by the committee in
designating and classifying forestland-urban interface shall be by formal
written order, which must include a statement of findings of fact on the basis
of which the order is made, and must include a list of all land designated and
classified. The committee shall prepare one or more maps showing the final
designations and classifications made. The original of the order shall be filed
with the county clerk of the county. The order need not meet the requirements
of ORS 205.232 to be filed and recorded. A copy of the order certified by the
secretary of the committee shall be sent to the State Forester.
     (3) Copies of the order, lists of land and
maps required by this section shall be maintained in designated offices of the
forester where they shall be made available for public inspection. [1997 c.429 §14;
2007 c.30 §6]
     477.053 [1953 c.372 §18; 1955 c.318 §3; 1961 c.603 §6;
1965 c.253 §58; renumbered 477.220]
     477.054
Appeal of classification decisions; procedure. (1) Any owner of land designated and
classified under ORS 477.027 to 477.057 who is aggrieved by the designation or
classification may, within 30 days after the date of the order making the designation
and classification, appeal to the circuit court for the county. Notice of an
appeal shall be promptly served on the secretary of the committee or, if the
designation and classification was made under ORS 477.057, on the State
Forester.
     (2) The appeal shall be tried by the
circuit court as an action not triable by right to a jury. [1997 c.429 §15;
2007 c.30 §7]
     477.055 [1953 c.372 §19; repealed by 1965 c.253 §153
and 1965 c.428 §18]
     477.056 [1965 c.253 §47 (enacted in lieu of
477.070); 1967 c.429 §57; renumbered 477.120]
     477.057
State Forester to classify land if county fails to act. (1) The State Forester may designate and
classify forestland-urban interface, consistent with and as described in ORS
477.031 to 477.054, if a designation and classification of forestland-urban
interface is not made by the county forestland-urban interface classification
committee within a county in which such land is situated because:
     (a) The governing body of the county fails
to establish a county forestland-urban interface committee within two years
after the State Forester makes a request under ORS 477.029 (1);
     (b) The committee fails to make a
designation and classification within five years after being appointed, or the
committee fails to make a designation and classification within five years of
the last designation and classification made by the committee; or
     (c) The committee fails to make a
designation and classification in a manner consistent with ORS 477.031 to
477.054.
     (2) Designation and classification by the
State Forester has the same force and effect as though made by a committee for
that county. However, designations and classifications made by the State
Forester cease to be effective if replaced by designations and classifications
made pursuant to ORS 477.052 by the appropriate committee. [1997 c.429 §16;
2007 c.30 §8]
     477.058 [1965 c.253 §49 (enacted in lieu of
477.148); 1967 c.429 §58; renumbered 477.130]
     477.059
Obligation of landowner to comply with standards; rules; certification by landowner;
penalty for failure to comply.
(1)(a) The State Board of Forestry shall by rule establish minimum standards
for minimizing or mitigating:
     (A) Fire hazards or risks on land within a
forestland-urban interface due to the presence of structures or the arrangement
or accumulation of vegetative fuels; and
     (B) Other fire hazards or risks or
combinations of fire hazards or risks.
     (b) In adopting rules under this
subsection, the board shall take into account the variability of the
forestland-urban interface in different parts of the state.
     (c) An owner of land within a
forestland-urban interface must comply with the minimum standards applicable to
the land.
     (2)(a) Except as provided in paragraph (b)
of this subsection, but no more frequently than once every five years, the
State Forester shall provide written notice of the applicable minimum standards
established under this section to each owner of land within a forestland-urban
interface, unless the owner requests a copy more frequently.
     (b) The board need not give notice under
paragraph (a) of this subsection to an owner of land if the owner is a member
of a homeowners association by reason of owning the land and the State Forester
has entered into a cooperative agreement with the homeowners association pursuant
to ORS 477.023 (2)(e) that provides for notice to owners through the
association.
     (3) An owner of land within a
forestland-urban interface must certify in writing to the State Forester that
the owner has complied with the applicable minimum standards established under
this section not later than two years after the order designating the land as
being within the forestland-urban interface is filed with the county clerk
under ORS 477.052 (2). If a subsequent order is filed that changes the classification
of the land, the owner of the land must make a supplemental certification in
writing to the State Forester that reflects the measures that the owner has
taken to comply with the applicable minimum standards established under this
section for the new classification not later than six months after the new
order is filed.
     (4) The State Forester shall accept
certifications made to the forester under subsection (3) of this section. Any
owner of land whose written certification has been accepted by the State
Forester under this subsection is not liable for the costs of suppressing a
fire under subsection (6) of this section, unless the State Forester
subsequently determines that the owner of land has provided a false
certification.
     (5) The State Board of Forestry may
require periodic renewal of a certification accepted by the State Forester
under subsection (4) of this section, and may require supplemental
certifications from the owner of land that reflect the measures that the owner
has taken to comply with the applicable minimum standards established under
this section. An owner of land is responsible for maintaining the land
described by the certification in compliance with the applicable minimum
standards established under this section.
     (6) The owner of land designated to be
within a forestland-urban interface is liable to the State Forester for the
costs of suppressing a fire that occurs on that land, as described in
subsection (7) of this section, if:
     (a) The owner has failed to meet the
applicable minimum standards established under this section;
     (b) The fire originates on the owner’s
land;
     (c) The ignition or spread of the fire is
directly related to the ownerÂ’s failure to meet the applicable minimum
standards established under this section; and
     (d) The fire requires action by the
forester pursuant to ORS 477.066 (2).
     (7) The liability of an owner of land
under subsection (6) of this section may not exceed $100,000. The State
Forester may not seek recovery under subsection (6) of this section for any
portion of the costs of suppressing a fire that are the ordinary costs of the
regular personnel and equipment of the forest protection district in which the
land is located. This subsection does not limit the liability of the owner
under ORS 477.120. [1997 c.429 §17; 2007 c.30 §9]
     Note: See note under 477.029.
     477.060
Considerations in determining cost of protection; special or additional costs. (1) In determining the annual cost of
protection pursuant to ORS 477.230, the forester may consider and include the
special or additional cost of fire protection for property owners within a
forestland-urban interface classification, including the special or unique
costs of assessment processing and administration.
     (2) The forester shall identify special or
additional costs identified by subsection (1) of this section in the budget
required by ORS 477.230 to 477.300. These special or additional costs are in
addition to the annual cost of ORS 477.230 (1) and may not exceed $25 annually
for each real property lot. Only those owners of land within a forestland-urban
interface classification in a forest protection district shall bear the special
or additional cost of fire protection within the forestland-urban interface in
a manner consistent with rules promulgated by the State Board of Forestry. [1997
c.429 §18; 2001 c.361 §1; 2007 c.30 §10]
     477.061
Short title. ORS 477.015 to
477.061 shall be known as the Oregon Forestland-Urban Interface Fire Protection
Act. [1997 c.429 §2; 2007 c.30 §11]
HAZARD
ABATEMENT
     477.062
Inadequately protected forestland declared nuisance; notice to protect; work at
expense of owner; collection of amount expended. (1) All forestland that by reason of its
lack of adequate fire protection endangers life, forest resources or property is
declared to be a public nuisance.
     (2) Whenever the forester learns thereof,
the forester may direct the owner or operator of such forestland to take proper
steps for its protection and advise the owner or operator of means to that end.
In case of refusal or neglect by either to take precautions against fire
required by law or when so directed by the forester in writing, within such
time as is specified in the writing, then the forester may have such work done
as the forester considers necessary for the protection of life, forest
resources or property, without the necessity of court action.
     (3) The cost of work under subsection (2)
of this section and the expense of any patrol rendered necessary by the want of
adequate protection of such forestland shall be recoverable from the offender
by an action prosecuted in the name of the state.
     (4) All moneys collected under this
section shall be paid into the State Treasury, credited to the State Forestry
Department Account and expended as other moneys in that account are expended. [Formerly
477.032; 1965 c.253 §50; 1997 c.274 §2]
FIRE
ABATEMENT
     477.064
Uncontrolled fire declared nuisance. Any fire on any forestland in
     477.066
Duty of owner and operator to abate fire; abatement by authorities. (1) Each owner and operator of forestland on
which a fire exists or from which it may have spread, notwithstanding the
origin or subsequent spread thereof, shall immediately proceed to control and
extinguish such fire when its existence comes to the knowledge of the owner or
operator, without awaiting instructions from the forester, and shall continue
until the fire is extinguished.
     (2) If the forester determines the fire is
either burning uncontrolled or the owner or operator does not then have readily
and immediately available personnel and equipment to control or extinguish the
fire, the forester, or any forest protective association or agency under
contract or agreement with the State Board of Forestry for the protection of
forestland against fire, and within whose protection area the fire exists,
shall summarily abate the nuisance thus constituted by controlling and
extinguishing the fire.
     (3) An owner may request in writing that
the forester employ alternate fire prevention and suppression strategies or
techniques on the ownerÂ’s forestland. The forester may employ some or all of
the requested strategies or techniques when, in the judgment of the forester,
conditions warrant the use of the alternate strategies or techniques. [Formerly
477.036; 1961 c.603 §7; 1965 c.253 §51; 1967 c.429 §1; 1983 c.22 §2; 1999 c.355
§3]
     477.067
Notice of fire. For the
purpose of ORS 477.066, notification to the owner or operator of the
forestland, is considered sufficient notification to the owner of the existence
of a fire. [Formerly 477.042 and then 477.071]
     477.068
Liability for cost of abatement; interest; lien; foreclosure; attorney fees. (1) In case an owner or operator fails to
perform the duty required by ORS 477.066, or is willful, malicious or negligent
in the origin or subsequent spread of the fire, the actual cost incurred by the
forester or a forest protective association or agency in controlling or
extinguishing the fire shall be paid by the owner or operator within 90 days
after the date on which the first written demand for payment of the actual cost
is mailed by the State Forester to the owner or operator. If the actual cost is
not paid within such 90-day period, such amount shall bear interest at 10
percent per year from the date on which the first written demand for the
payment of the actual costs was mailed by the State Forester and the actual
cost together with such interest may be recovered from such owner or operator
by an action prosecuted in the name of the State of Oregon, or such forest
protective association or agency, or both.
     (2) An itemized statement of the actual
cost incurred by the forester or association or agency, or both, certified to
by the forester, shall be accepted as prima facie evidence of the actual cost
in any proceeding authorized by this section.
     (3) The actual cost in cases covered by
ORS 477.066 shall constitute a general lien upon the real and personal property
of such owner or operator. A written notice of the lien, containing a
description of the property and a statement of the actual cost, shall be
certified under oath by the forester or any warden and filed in the office of
the county clerk of the county in which the lands and personal property are
situated within 12 months after the calendar year within which the fire
originated, and may be foreclosed in the manner provided by law for foreclosure
of liens for labor and material. In any proceeding to foreclose a lien created
under this subsection, recovery for the plaintiff shall include, in addition to
the amount of the actual cost, interest on such amount at the rate of 10
percent per year from the date of the filing of the written notice of the lien.
     (4) Upon request of the forester, the
district attorney for the district in which the lands and personal property are
situated or the Attorney General shall prosecute such action or foreclose the
lien in the name of the State of Oregon or such forest protective association
or agency, or both. Liens provided for in this section shall cease to exist
unless suit for foreclosure is instituted within 12 months from the date of
filing under subsection (3) of this section.
     (5) In any action under subsection (1) of
this section to recover actual cost and in any proceeding to foreclose any lien
created by subsection (3) of this section, the court shall award, in addition
to costs and disbursements, reasonable attorney fees at trial and on appeal to
the prevailing party. [Formerly 477.038; 1955 c.218 §1; 1959 c.363 §6; 1961
c.603 §8; 1965 c.253 §53; 1965 c.428 §§11,12; 1973 c.66 §1; 1981 c.897 §54;
1983 c.22 §3; 1983 c.27 §1; 1997 c.206 §1]
     477.069
Negligence in origin and in failure to control fire may be united in one
complaint. Notwithstanding any
other law, in any action authorized by ORS 477.068 to collect the costs
incurred, the plaintiff may unite in the same complaint causes of action based
upon any or all of the grounds therein mentioned. [1957 c.157 §1; 1961 c.603 §9;
1965 c.253 §54]
     477.070 [Formerly 477.040; 1955 c.218 §2; 1959 c.363
§7; 1961 c.603 §10; 1963 c.107 §4; repealed by 1965 c.253 §46 (477.056 enacted
in lieu of 477.070)]
     477.071 [Formerly 477.042; 1961 c.603 §11; 1965
c.253 §52; renumbered 477.067]
     477.072 [Repealed by 1953 c.372 §22]
     477.073 [Formerly 477.050; 1957 c.83 §8; repealed by
1965 c.253 §153]
     477.074 [Repealed by 1953 c.372 §22]
     477.076 [Repealed by 1953 c.372 §22]
     477.078 [Repealed by 1953 c.372 §22]
     477.080 [Repealed by 1953 c.372 §22]
     477.082 [Repealed by 1953 c.372 §22]
     477.085
Liability for cost of protecting land within a forest protection district. Any person who willfully or negligently sets
a fire or causes a fire to be set for which efforts to control or extinguish
the fire in order to protect forestland within a forest protection district
from fire are exerted by the forester or any forest protective association or
agency under contract or agreement with the State Board of Forestry is liable
for the actual costs incurred by the forester, association or agency in such
efforts. The costs shall be recovered from the person liable therefor in the
same manner as costs recovered under ORS 477.068. [1965 c.428 §7; 1967 c.429 §2;
1997 c.274 §3a; 1999 c.355 §4]
     477.090
Civil liability; damages. In
addition to the penalties otherwise provided by law, the United States, state,
political subdivision or private owners whose property is injured or destroyed
by fires in violation of ORS 526.041 or this chapter may recover in a civil
action double the amount of damages suffered if the fires occurred through
willfulness, malice or negligence. Persons causing fires by violation of any of
the provisions of the statutes enumerated in this section are liable in an
appropriate action for the full amount of all expenses incurred in fighting
such fires. [Formerly 477.310; 1971 c.743 §384; 1987 c.919 §18]
     477.095
Applicability of ORS 477.068, 477.085 and 477.090. (1) An owner of forestland shall not be
subject to the provisions of ORS 477.068 and 477.090, where the origin or
subsequent spread of a fire was the direct result of training activity by the
Oregon National Guard or of any component of the Armed Forces of the
     (2) Notwithstanding any other law, the
Oregon National Guard shall be subject to the duties, requirements or penalties
of ORS 477.068, 477.085 and 477.090, where the origin or subsequent spread of a
fire was the direct result of training activity by the Oregon National Guard. [1997
c.274 §36]
     477.100
Ability of owner to suppress fire; limitation. (1) The State Forester, or any agency or
organization with responsibility under this chapter to suppress fires, may not
prohibit an owner or the ownerÂ’s agent from suppressing a fire occurring on the
ownerÂ’s property or that poses a threat to the ownerÂ’s property.
     (2) Notwithstanding subsection (1) of this
section, the forester, agency or organization may prohibit an owner or the
ownerÂ’s agent from suppressing a fire if the owner or agent conducts the action
in a manner that the forester, agency or organization reasonably determines is
likely to increase the risk of injury or damage to the personnel or equipment
of the forester, agency or organization. [2005 c.802 §4]
     477.101 [1959 c.363 §19; 1965 c.253 §135; repealed
by 1965 c.428 §§8,18]
     477.102 [Repealed by 1953 c.372 §22]
     477.104 [Repealed by 1953 c.372 §22]
     477.106 [Repealed by 1953 c.372 §22]
     477.108 [Repealed by 1953 c.372 §22]
     477.110 [Repealed by 1953 c.372 §22]
     477.112 [Repealed by 1953 c.372 §22]
     477.120
Liability of owner or operator.
(1) Except as provided in subsections (2) and (3) of this section, the owner or
operator of forestland is not subject to the obligations or penalties of ORS
164.335 and 477.740 or 477.064, 477.066 and 477.068 if:
     (a)
     (b) Such forestland is protected pursuant
to membership in a forest protective association in accordance with ORS
477.210, which association has undertaken the control and suppression of fires
on such land as provided in the contract; or
     (c) Such forestland is protected pursuant
to cooperative agreement or contract under ORS 477.406.
     (2) The provisions of subsection (1) of
this section do not apply to such owner or operator if the owner or operator:
     (a) Is willful, malicious or negligent in
the origin or subsequent spread of a fire on such forestland;
     (b) Has caused or permitted an operation
to exist on such forestland and a fire originates thereon as a result of the
operation;
     (c) Has failed to give notice to the
forester pursuant to ORS 527.670 (6), has failed to obtain a permit for the use
of fire in any form or power-driven machinery pursuant to ORS 477.625 or has
failed within the time prescribed in any order or notice issued by the forester
to reduce, abate, or offset any hazard determined to exist pursuant to ORS
477.062 or 477.580 and a fire originates on or spreads to the area on which
such hazard exists and for which no release has been granted pursuant to ORS
477.580 (3) or (4); or
     (d) Has caused or allowed any burning,
including burning regulated by ORS 477.013 or 477.515, whether or not a permit
has been obtained and a fire results from or is caused by such burning.
     (3) Unless subsection (2)(a) or (c) of
this section applies, the owner or operator shall not be obligated to pay that
portion of the actual costs provided in ORS 477.068 which are the ordinary
costs of the regular personnel and equipment of the forest protection district
wherein the forestland is located.
     (4) If subsection (2)(b) or (d) of this
section applies and subsection (2)(a) and (c) of this section do not apply, the
owner or operator shall not be liable to the forester for fire suppression
costs in excess of $300,000.
     (5) The provisions of subsections (3) and
(4) of this section do not apply to the owner or operator if the owner or
operator fails to make every reasonable effort.
     (6) For the purpose of subsection (2)(b)
of this section, if a fire originates while an operation is in progress, there
is a presumption, under ORS 40.120, that the fire originated as a result of the
operation. [Formerly 477.056; 1971 c.743 §385; 1973 c.46 §2; 1983 c.22 §4; 1989
c.615 §1; 1997 c.274 §48; 2007 c.847 §2]
     477.125
Liability of forest protective associations, rangeland protection associations
and public bodies; limitations.
(1) A forest protective association, rangeland protection association organized
under ORS 477.317 or public body as defined in ORS 174.109, or a person acting
as an agent of a forest protective association, rangeland protection
association or public body, is not liable for any injury to persons or property
resulting from carrying out the provisions of this chapter or while acting
within the scope of a duty imposed by this chapter.
     (2) The exemption from liability provided
by subsection (1) of this section does not apply to any injury to persons or
property resulting from willful misconduct or gross negligence.
     (3) An employee of a forest protective
association, or a person acting as an agent of a forest protective association,
is an agent of a public body acting within the scope of their duties for
purposes of ORS 30.260 to 30.300, if the person:
     (a) Engages in fire fighting activities
occurring on lands located outside of the forest protection district in which
the association is located; and
     (b) Acts under the direction and control
of the forester. [2003 c.54 §2; 2005 c.105 §1; 2007 c.808 §4]
     477.130 [Formerly 477.058; 1971 c.743 §386; 1973
c.46 §3; 1997 c.274 §3b; repealed by 1999 c.355 §17]
     477.132 [Repealed by 1953 c.375 §38]
     477.133 [1953 c.375 §31; 1957 c.309 §10; 1965 c.253 §79;
renumbered 477.420]
     477.134 [Repealed by 1953 c.375 §38]
     477.135 [1953 c.375 §32; 1957 c.309 §11; 1965 c.253 §80;
renumbered 477.425]
     477.136 [Repealed by 1953 c.375 §38]
     477.142 [1963 c.454 §2; 1965 c.253 §73; renumbered
477.315]
     477.144 [1963 c.454 §3; 1965 c.253 §74; renumbered
477.320]
     477.146 [1963 c.454 §4; 1965 c.253 §75; renumbered
477.325]
     477.148 [1963 c.454 §5; repealed by 1965 c.253 §48
(477.058 enacted in lieu of 477.148)]
     477.152 [Amended by 1953 c.68 §19; 1955 c.450 §1;
1959 c.363 §8; 1961 c.603 §12; 1963 c.107 §5; repealed by 1965 c.253 §153]
     477.154 [Amended by 1953 c.68 §19; 1963 c.107 §6;
repealed by 1965 c.253 §153]
     477.156 [Amended by 1953 c.68 §19; 1965 c.253 §99;
renumbered 477.535]
     477.158 [Amended by 1953 c.68 §19; 1957 c.32 §2;
1959 c.363 §9; 1965 c.253 §101; renumbered 477.545]
     477.160 [Amended by 1953 c.68 §19; 1965 c.253 §100;
renumbered 477.540]
     477.162 [Amended by 1965 c.253 §102; renumbered
477.550]
     477.164 [Amended by 1953 c.302 §2; renumbered
476.715]
     477.165 [1953 c.68 §14; 1965 c.253 §94; renumbered
477.510]
     477.175
Definition of “all possible aid” for agreement. As used in the Northwest Wildland Fire
Protection Agreement as set forth in ORS 477.200, “all possible aid” means the
assistance that a member can provide in response to a request for aid without
materially diminishing the overall fire prevention or protection capabilities
of the member at the time of the request and for the duration of the response
to provide assistance. [1999 c.258 §3]
     Note: 477.175 to 477.200 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
477 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     477.180
Ratification of amendment to agreement; withdrawal if Legislative Assembly fails
to ratify amendment. If the
Northwest Wildland Fire Protection Agreement is amended in accordance with
Article IX of the agreement, the Governor shall invoke Article X of the
agreement to withdraw from the agreement until such time as the Legislative
Assembly ratifies the amendment, or during the interim between legislative
sessions, until such time as the State Forester submits the amendment to the
Emergency Board for review. The State Forester shall submit any amendment
reviewed by the Emergency Board to the next Legislative Assembly for
ratification. If the Legislative Assembly does not ratify the amendment prior
to adjournment sine die, the Governor shall immediately invoke Article X of the
agreement to withdraw from the agreement. [1999 c.258 §4]
     Note: See note under 477.175.
     477.182 [Amended by 1965 c.253 §111; renumbered
477.645]
     477.184 [Amended by 1953 c.68 §19; 1955 c.158 §2;
1965 c.253 §112; renumbered 477.650]
     477.185
Use of local fire protection resources. The Governor shall make reasonable efforts to use local available fire
protection resources within
     Note: See note under 477.175.
     477.186 [Amended by 1953 c.68 §19; 1955 c.158 §3;
1957 c.32 §3; 1965 c.253 §113; renumbered 477.655]
     477.187 [1953 c.68 §8; 1955 c.158 §4; 1965 c.253 §114;
renumbered 477.660]
     477.188 [Amended by 1953 c.68 §19; 1955 c.158 §5;
1965 c.253 §115; 1965 c.428 §§13,14; renumbered 477.665]
     477.190
Authority of Governor to carry out agreement. The Governor may take any action necessary to carry out the Northwest
Wildland Fire Protection Agreement as set forth in ORS 477.200. The Governor
may delegate the authority granted under this section or ORS 477.180 and
477.185 to the State Forester. [1999 c.258 §6]
     Note: See note under 477.175.
     477.195
Ratification of Northwest Wildland Fire Protection Agreement. (1) The Legislative Assembly of the State of
     (2) This agreement shall become effective
when it has been ratified by one or more of the states eligible to be parties
to this agreement and has been consented to by the Congress of the
     Note: See note under 477.175.
     477.200
Northwest Wildland Fire Protection Agreement. The provisions of the Northwest Wildland Fire Protection Agreement are
as follows:
______________________________________________________________________________
ARTICLE I
     The purpose of this agreement is to promote
effective prevention, presuppression and control of forest fires in the
northwest wildland region of the
ARTICLE II
     (1) This agreement shall become effective
for those members ratifying it whenever any two or more members, the States of
Oregon, Washington, Alaska, Idaho, Montana, the Yukon Territory, the Province
of British Columbia or the Province of Alberta have ratified it, and when
consented to by an Act of Congress of the United States.
     (2) Any state, province or territory not
listed in this Article which is contiguous to any member may become a party to
this agreement subject to unanimous approval of the members.
ARTICLE III
     (1) The role of the members is to
determine from time to time such methods, practices, circumstances and
conditions as may be found for enhancing the prevention, presuppression and
control of forest fires in the area comprising the membersÂ’ territory, to
coordinate the plans and the work of the appropriate agencies of the members
and to coordinate the rendering of aid by the members to each other in fighting
wildland fires.
     (2) The members may develop cooperative
operating plans for the program covered by this agreement. Operating plans
shall include definition of terms, fiscal procedures, personnel contracts,
resources available and standards applicable to the program. Other sections may
be added as necessary.
ARTICLE IV
     A majority of members shall constitute a
quorum for the transaction of its general business. Motions of members present
shall be carried by a simple majority, except as stated in Article II. Each member
shall have one vote on motions brought before the members.
ARTICLE V
     Whenever a member requests aid from any
other member in controlling or preventing wildland fires, the member agrees, to
the extent the member possibly can, to render all possible aid.
ARTICLE VI
     (1) Whenever the forces of any member are
aiding another member under this agreement, the employees of such members shall
operate under the direction of the officers of the member to whom they are
rendering aid and be considered agents of the member they are rendering aid to
and, therefore, have the same privileges and immunities as comparable employees
of the member to whom they are rendering aid.
     (2) No member or its officers or employees
rendering aid within another state, territory or province pursuant to this
agreement shall be liable on account of any act or omission on the part of such
forces while so engaged or on account of maintenance or use of any equipment or
supplies in connection therewith to the extent authorized by the laws of the
member receiving the assistance. The receiving member, to the extent authorized
by the laws of the state, territory or province, agrees to indemnify and save
harmless the assisting member from any such liability.
     (3) Any member rendering outside aid
pursuant to this agreement shall be reimbursed by the member receiving such aid
for any loss or damage to, or expense incurred in the operation of, any
equipment and for the cost of all materials, transportation, wages, salaries
and maintenance of personnel and equipment incurred in connection with such
request in accordance with the provisions of Article V of this agreement.
Nothing contained herein shall prevent any assisting member from assuming such
loss, damage, expense or other cost from lending such equipment or from
donating such services to the receiving member without charge or cost.
     (4) For purposes of this agreement,
personnel shall be considered employees of each sending member for the payment
of compensation to injured employees and death benefits to the representatives
of deceased employees injured or killed while rendering aid to another member
pursuant to this agreement.
     (5) The members shall formulate procedures
for claims and reimbursement under the provisions of this Article.
ARTICLE VII
     (1) When appropriations for support of
this agreement or for the support of common services in executing this
agreement are needed, costs will be allocated equally among the members.
     (2) As necessary, members shall keep
accurate books of account, showing in full the membersÂ’ receipts and
disbursements, and the books of account shall be open at any reasonable time to
the inspection of representatives of the members.
     (3) The members may accept any and all
donations, gifts and grants of money, equipment, supplies, materials and
services from the federal or any local government or any agency thereof and
from any person, firm or corporation for any of its purposes and functions
under this agreement and may receive and use the same subject to the terms,
conditions and regulations governing such donations, gifts and grants.
ARTICLE VIII
     (1) Nothing in this agreement shall be
construed to limit or restrict the powers of any member to provide for the
prevention, control and extinguishment of wildland fires or to prohibit the
enactment or enforcement of state, territorial or provincial laws, rules or
regulations intended to aid in such prevention, control and extinguishment of
wildland fires in such state, territory or province.
     (2) Nothing in this agreement shall be
construed to affect any existing or future cooperative agreement between
members or their respective federal agencies.
ARTICLE IX
     (1) The members may request the United
States Forest Service to act as the coordinating agency of the Northwest
Wildland Fire Protection Agreement in cooperation with the appropriate agencies
of each member.
     (2) The members will hold an annual
meeting to review the terms of this agreement and any applicable operating
plans and make necessary modifications.
     (3) Amendments to this agreement can be
made by simple majority vote of the members and will take effect immediately
upon passage.
ARTICLE X
     This agreement shall continue in force on
each member until such member takes action to withdraw therefrom. Such action
shall not be effective until 60 days after notice thereof has been sent to all
other members.
ARTICLE XI
     Nothing in this agreement shall obligate
the funds of any member beyond those approved by appropriate legislative
action.
______________________________________________________________________________
[1999 c.258 §2;
2003 c.14 §313]
     Note: See note under 477.175.
FOREST
PROTECTION DISTRICTS
     477.205
Definitions for ORS 477.205 to 477.281. As used in ORS 477.205 to 477.281, unless the context requires
otherwise:
     (1) “Grazing land” means forestland,
within a forest protection district, that has been classified as Class 3,
agricultural class, as provided by ORS 526.305 to 526.370.
     (2) “Timberland” means forestland, within
a forest protection district, that has not been classified as Class 3,
agricultural class, under ORS 526.305 to 526.370. [1965 c.253 §56]
     477.210
Duty of owner to protect forestland; foresterÂ’s duty to provide protection upon
noncompliance. (1) During
the season of the year when there is danger of fire, every owner of forestland
shall provide adequate protection against the starting or spread of fire
thereon or therefrom, which protection shall meet with the approval of the
State Board of Forestry.
     (2) Subsection (1) of this section is
considered to have been complied with if, on January 1 of each year, the owner:
     (a) Files with the forester a bona fide
forest protection plan that meets with the approval of the board; or
     (b) Is a member in good standing in a
forest protective association maintaining a standard of protection approved by
the board.
     (3) The forester shall make periodic
inspections of the protection facilities provided in order to ascertain
compliance by the owner.
     (4) In case any owner of forestland shall
fail or neglect to file such a fire plan or maintain the standard of protection
approved by the board, either through compliance with the fire plan or
membership in an approved association, then the forester under the direction of
the board shall provide forest protection pursuant to ORS 477.205 to 477.281.
     (5) The forester shall provide protection
pursuant to ORS 477.205 to 477.281 for forestland owned by the state or by a
political subdivision located within a forest protection district, unless
adequate protection as required by this section is otherwise provided. [Formerly
477.024; 2003 c.14 §314]
     477.212 [Amended by 1953 c.68 §19; 1965 c.253 §104;
renumbered 477.615]
     477.214 [Repealed by 1953 c.68 §19]
     477.215 [1953 c.68 §16; 1965 c.253 §105; renumbered
477.620]
     477.216 [Amended by 1953 c.68 §19; repealed by 1957
c.32 §4 (477.217 enacted in lieu of 477.216)]
     477.217 [1957 c.32 §5 (enacted in lieu of 477.216);
1959 c.363 §10; 1965 c.253 §117; renumbered 477.565]
     477.218 [Amended by 1953 c.68 §19; 1965 c.253 §103;
renumbered 477.605]
     477.220
Lands not provided protection; lands not included within ORS 477.205 to
477.281. (1) The forester is
not required to provide protection for forestland that is either a small parcel
or a tract isolated from a forest protection district and which land is found
by the forester as not practicable to be included in a forest patrol system.
     (2) ORS 477.205 to 477.281 do not apply to
federal grazing land or federal timberland within this state for which adequate
protection is provided unless the lands have been included within the
boundaries of a forest protection district pursuant to a cooperative agreement
with the federal government approved by the State Board of Forestry.
     (3) Upon written request of the owner of
lands that have been incorporated within a rural fire protection district, the
forester shall determine whether the lands, or any part thereof, are
forestland. Thereafter, those lands that have been so determined shall be
included within ORS 477.205 to 477.281 unless excluded pursuant to subsection
(1) of this section. [Formerly 477.053; 2005 c.22 §358]
     477.225
Establishment and change of forest protection districts; rules. The State Forester, by rule, shall designate
areas of forestland within this state as forest protection districts within
which the forester is required to provide protection pursuant to this chapter.
In establishing new boundaries or changes in boundaries of the districts, the
State Forester may, for the purposes of administrative convenience, designate
mountain ranges, rivers, streams, roads or other recognizable landmarks as
boundaries. Boundaries may be established or changed only after a public
hearing. [Formerly 477.026; 1997 c.274 §4]
     477.230
Basis for computing cost of protection provided by forester; costs to be in
accordance with budget. (1)
The annual cost of protection provided by the forester for forestland within a
forest protection district shall be as follows:
     (a) Grazing land within the district shall
be protected by the forester at a pro rata cost per acre for all grazing land
within the district boundary. However, forest patrol assessments levied and
assessed under ORS 477.270 against such lands that are not owned by public
agencies may not exceed one-half of the pro rata cost per acre, exclusive of
any assessment per acre under ORS 477.880.
     (b) Timberland within the district shall
be protected by the forester at a pro rata cost per acre for all timberland
within the district boundary. However, forest patrol assessments levied and
assessed under ORS 477.270 against such lands that are not owned by public
agencies may not exceed one-half of the pro rata cost per acre, exclusive of
any assessment per acre under ORS 477.880.
     (2) The cost of protection described in
this section shall be in accordance with a budget for the district approved by
the State Board of Forestry. [Formerly 477.030; 1971 c.60 §1; 1973 c.184 §6;
1977 c.892 §48; 1983 c.16 §1; 1985 c.759 §32a; 1989 c.769 §10; 1997 c.274 §5;
2005 c.22 §359]
     477.232
Costs in excess of budget; amounts not expended. Subject to the forest patrol assessment
limitations set forth in ORS 477.230:
     (1) Actual costs incurred by the forester
in the prevention and suppression of fire on grazing land or timberland located
within a forest protection district, in excess of the amount budgeted as
required by ORS 477.230, but not including those costs eligible for
equalization by the Oregon Forest Land Protection Fund, shall be, without
regard to proceedings for the collection of the costs:
     (a) Included in the budget for the next
fiscal year; and
     (b) Levied and assessed against the
grazing land or timberland in the district.
     (2) Budgeted amounts not expended may be
carried forward as a credit to the assessment rate for the ensuing year. [2005
c.802 §6]
     Note: 477.232 was added to and made a part of
477.205 to 477.281 by legislative action but was not added to any other series.
See Preface to Oregon Revised Statutes for further explanation.
     477.235
Forester to prepare tentative budget estimates for districts. The forester shall prepare tentative budget
estimates for each forest protection district for the ensuing fiscal year
beginning July 1, in a manner consistent with accounting and budgetary
procedures prescribed by the State Board of Forestry. [Formerly 477.041; 1967
c.429 §3]
     477.240
Advisory and guidance committees. In any forest protection district wherein the forester has entered
into a cooperative agreement or contract with a forest protective association
or agency described in ORS 477.406 (1), and the association or agency has
appointed an advisory and guidance committee for the purposes of analysis and
review of the protection plans and budgets for the district, the forester shall
prepare the protection plans and budgets in conjunction with the committee. [1965
c.253 §63]
     477.242 [Amended by 1959 c.363 §11; 1965 c.253 §118;
renumbered 477.570]
     477.244 [Amended by 1953 c.68 §19; 1961 c.123 §2;
1961 c.603 §13; 1965 c.253 §119; 1965 c.428 §§15,16; renumbered 477.575]
     477.245
Owners entitled to be heard on budget matters; public budget meetings to be
held in district. (1) All
owners of lands assessed under ORS 477.205 to 477.281 shall have an opportunity
to be heard on matters pertaining to the budgeting of moneys required to defray
the cost of protection in each forest protection district. The forester, under
the direction of the State Board of Forestry, shall provide for the holding of
a public budget meeting in each district on or before May 1 of each year. The
meeting shall be held at any convenient place designated by the forester.
     (2) In forest protection districts wherein
the board has entered into cooperative agreements or contracts with forest
protective agencies, the board may make provision for the holding of the public
budget meeting required in subsection (1) of this section on the same date and
at the same place as a regular meeting of the agency. [Formerly 477.043]
     477.246 [Amended by 1965 c.253 §122; renumbered
477.685]
     477.248 [Amended by 1965 c.253 §123; renumbered
477.690]
     477.250
Notice of budget meeting; notice of proposed assessment. (1) Not more than four weeks preceding each
budget meeting, the forester shall cause notice of such meeting to be published
once a week for two consecutive weeks in one or more newspapers published in or
having general circulation in each of the counties in the forest protection
district and in such other media of communication as the forester finds
advisable. However, the final publication shall be made at least one week prior
to the date of the meeting. The notice shall state the time and place where the
tentative budget for the district may be inspected and shall state the time and
place of the meeting.
     (2) Whenever the forester determines that
any privately owned land should be subject to assessment for forest protection
and such land was not subject to the assessment during the preceding year, the
forester shall give written notice by mail of the determination to each owner
of such land not later than March 1 of the year the assessment is to be made.
The notice shall inform the owner of the acreage and tax lot number of the
lands to be assessed and the name and address of the nearest representative of
the forester the owner may contact if review of the proposed assessment is
desired. The notice shall also inform the owner of the procedure for hearing
and appeals prescribed in ORS 477.205 to 477.281. [Formerly 477.045; 1979 c.276
§1; 1999 c.355 §5]
     477.255
Holding of budget meeting; revision and submission of budget for final
approval. (1) The public
budget meeting shall be held at the time and place as stated in the published
notice, or at such other time and place to which the meeting may be adjourned.
     (2) A member of the State Board of
Forestry, or the forester, shall act as chairperson of the meeting. The
forester shall cause the minutes of the meeting to be preserved as a public
record.
     (3) During the meeting the chairperson
shall receive from any interested persons suggestions, advice, objections or
remonstrances as to the proposed budget for that forest protection district.
The forester, under the direction of the board, may make changes in the budget
proper and consistent with law, and thereafter submit the budget for final
approval under ORS 477.265. [Formerly 477.047]
     477.260
Appeal to board. (1) Any
owner of grazing land or timberland within the boundary of the forest
protection district who is adversely affected by the proposed budget may file
an appeal within 30 days after the date of the public budget meeting.
     (2) Any owner of grazing land or
timberland subject to ORS 477.205 to 477.281 shall, upon request, be granted a
hearing by the State Board of Forestry on any subject pertaining to the
activities of the forester or board affecting the land.
     (3) Appeals and hearings shall be
conducted by the board in accordance with rules adopted pursuant to ORS 526.016
(4). [Formerly 477.049; 1997 c.274 §6; 1999 c.355 §6]
     477.265
Board to deal with budgets annually. The State Board of Forestry shall annually review the forest
protection district budgets, make any changes in the budgets that are proper
and consistent with law, and pass final approval on all district budgets and
the prorated acreage rates therein. [Formerly 477.051; 1999 c.355 §7]
     477.270
Budgeted cost of forester to be lien; collection; deposit of amounts collected. (1) Subject to the forest patrol assessment
limitations set forth in ORS 477.230:
     (a) The budgeted cost of the forester, as
provided for in ORS 477.205 to 477.281, in providing protection for privately
owned forestland shall be a lien upon such property, shall be reported by the
forester to the governing body of the county in which the lands are situated on
or after July 1 of each fiscal year, and shall be levied and collected by the
governing body with the next taxes on the land in the same manner and with the
same interest, penalty and cost charges as apply to ad valorem property taxes
in this state. The governing body shall instruct the proper officer to extend
the amounts on the assessment roll in a separate account, and the procedure
provided by law for the collection of taxes and delinquent taxes shall apply.
Upon collection thereof, the governing body shall repay the entire amount
collected to the forester.
     (b) In lieu of the procedures under
paragraph (a) of this subsection, the forester, under the direction of the
State Board of Forestry, may make direct billing of the budgeted cost to owners
of forestland and receive payment of the cost therefrom. In the event that
under such billing procedures any owners fail to make payment, the unpaid
budgeted cost shall become a lien against the property so billed and shall be
levied and collected with the next taxes on such property as described in
paragraph (a) of this subsection.
     (c) The budgeted cost of the forester in
providing protection for forestland owned by the state or by a political
subdivision shall be paid to the forester on or before the first day of January
of the fiscal year for which such protection is to be provided.
     (2) Except as provided in ORS 477.230 (2),
all moneys received by the forester pursuant to this section shall be paid into
the State Treasury, credited to the State Forestry Department Account and used
exclusively for the purposes of ORS 477.205 to 477.281. [Formerly 477.033; 1983
c.16 §2; 1999 c.355 §8]
     477.272 [Repealed by 1953 c.152 §10]
     477.274 [Repealed by 1953 c.152 §10]
     477.275 [1981 c.321 §14; 1983 c.109 §1; repealed by
1989 c.769 §6]
     477.276 [Repealed by 1953 c.152 §10]
     477.277
Additional assessment to maintain unencumbered balance of
     (2) All surcharge moneys collected
pursuant to this section shall be paid into the Oregon Forest Land Protection
Fund.
     (3) If an owner of forestland files a
forest protection plan with the forester which is approved by the State Board
of Forestry under ORS 477.210 (2), the owner shall not be required to pay the
surcharge levied under subsection (1) of this section.
     (4) Contiguous lots included in a combined
lot that is described in ORS 477.295 (3)(a) and whose owner has made
application to the forester under ORS 477.295 (4) are considered one lot for
purposes of subsection (1) of this section.
     (5) As used in this section, a lot or
parcel is “improved” if it is indicated as improved in the county assessor’s
property classification files or if a manufactured dwelling is sited on the lot
or parcel. [1989 c.769 §3; 1991 c.639 §2; 1993 c.430 §1; 2003 c.685 §§1,6; 2005
c.802 §7; 2007 c.779 §2]
     Note: Section 5, chapter 779, Oregon Laws 2007,
provides:
     Sec.
5. The amendments to ORS
477.277 and 477.295 by sections 2 and 3 of this 2007 Act apply to tax years
beginning on or after July 1, 2008. [2007 c.779 §5]
     477.278 [Repealed by 1953 c.152 §10]
     477.280 [Repealed by 1953 c.152 §10]
     477.281
Limitation on obligation of landowner for fire protection. (1) The obligation of an owner of timberland
or grazing land for payment of assessments and taxes for fire protection of
forestland is limited to:
     (a) The payment of moneys pursuant to ORS
321.015 (2), 477.277, 477.295, 477.760 (4) and 477.880 to maintain the Oregon
Forest Land Protection Fund; and
     (b) The payment of forest protection
district assessments pursuant to ORS 477.205 to 477.281.
     (2) As used in this section, “obligation
of an owner of timberland or grazing land for payment of assessments and taxes
for fire protection of forestland” does not include the duties or obligations
of the owner under ORS 477.066, 477.068 or 477.120 or the obligations of an
owner of land included in a rural fire protection district pursuant to ORS
478.010. [1989 c.769 §9; 1991 c.639 §3; 1997 c.206 §2; 1999 c.59 §157; 2003
c.685 §§2,7; 2005 c.802 §8]
     477.282 [1953 c.152 §2; 1965 c.253 §116; renumbered
477.670]
     477.284 [1953 c.152 §3; repealed by 1965 c.253 §153]
     477.285 [Formerly 477.035; repealed by 1989 c.769 §6]
     477.286 [1953 c.152 §4; 1965 c.253 §106; renumbered
477.625]
     477.288 [1953 c.152 §5; 1965 c.253 §109; renumbered
477.635]
     477.290 [1961 c.603 §14; 1965 c.253 §110; renumbered
477.640]
     477.291 [Formerly 477.039; repealed by 1999 c.355 §17]
     477.295
Minimum assessment under ORS 477.270; combining lots; fees; rules. (1) For purposes of making the levy and
assessment of costs against forestland under ORS 477.270, the minimum cost to
provide fire protection or suppression for any lot or parcel of real property
separately assessed for ad valorem taxes or other taxes provided by law in lieu
thereof, on the current assessment roll shall be not less than $18.75, except
as provided in ORS 477.760. Three dollars and seventy-five cents of each
minimum assessment shall be paid into the Oregon Forest Land Protection Fund.
Otherwise, such assessments shall be determined under ORS 477.230 and 477.270.
     (2) In any fiscal year in which the Emergency
Fire Cost Committee determines pursuant to ORS 477.760 that the unencumbered
balance of the Oregon Forest Land Protection Fund has:
     (a) Increased to an amount:
     (A) More than $22.5 million but less than
or equal to $30 million, the minimum assessment referred to in subsection (1)
of this section shall be $16.88 for each lot or parcel. Of that amount, $1.88
of each minimum assessment shall be paid into the Oregon Forest Land Protection
Fund.
     (B) More than $30 million, the minimum
assessment referred to in subsection (1) of this section shall be $15 for each
lot or parcel. This amount shall be treated in the same manner as assessments
under ORS 477.230 and 477.270.
     (b) Decreased to an amount that is at or
below $22.5 million, the minimum assessment referred to in subsection (1) of
this section shall be $18.75 for each lot or parcel. This amount shall be
treated in the same manner as assessments under subsection (1) of this section.
     (3) Upon application to the forester under
subsection (4) of this section, contiguous lots held under identical ownership
shall be considered as one combined lot for purposes of subsection (1) of this
section. However, the following may not be included in a combined lot:
     (a) Except as provided in this paragraph,
a lot on which a structure has been placed or improvements made for the purpose
of erecting any temporary or permanent structure. One lot on which a
single-family dwelling has been placed, and lots on which the structures and
improvements that are appurtenant to that single-family dwelling have been
placed, may be included in a combined lot that does not exceed 20 acres.
     (b) A lot that is in a subdivision
containing lots that have been or are being offered for sale.
     (c) A lot that is not designated forest or
agricultural land for the purpose of land use or special tax assessment
purposes.
     (4) To qualify under subsection (3) of
this section, an owner of forestland shall make application to the forester no
later than April 15 of the fiscal year preceding each fiscal year for which the
owner desires the land to be assessed under subsection (3) of this section. The
application shall be on a form prescribed by the State Forester. A fee of $25
per combined lot shall be paid to the forester at the time of first application
for the combined lot. An additional fee of $25 per combined lot shall be paid
to the forester at the time of subsequent application, if an application for
the combined lot was not made for the previous fiscal year.
     (5) The State Board of Forestry may adopt
rules for the administration of the provisions of subsections (3) and (4) of
this section.
     (6) For the purposes of this section, “lot”
and “subdivision” have the meanings given those terms in ORS 92.010. [1965
c.428 §6; 1969 c.204 §1; 1977 c.153 §1; 1977 c.892 §49; 1981 c.321 §13; 1983
c.108 §1; 1989 c.769 §7; 1991 c.623 §1; 1991 c.639 §4; 1997 c.274 §7; 1999
c.355 §9; 2003 c.685 §§3,8; 2005 c.802 §§9,10; 2007 c.779 §3]
     Note: See note under 477.277.
     477.300
Use of funds in State Forestry Department Account for capital outlay
expenditures of district.
(1) Moneys available at any time in the State Forestry Department Account for
the purposes of this chapter, particularly ORS 477.205 to 477.281, which moneys
are not specifically obligated for other purposes, may be used by the forester
with the approval of the State Board of Forestry for capital outlay
expenditures in any forest protection district. Prior to the making of such
capital outlay expenditures, the forester and board may specify that the account
shall be reimbursed for all or a part of such expenditures, over a period not
to exceed 10 years, from any one or a combination of the following sources:
     (a)
     (b) Moneys derived from an association
under ORS 477.406.
     (c) Moneys derived from municipal, county,
state or federal agencies under this chapter, for the protection of their
forestland from fire.
     (2) Any reimbursement of capital outlay
expenditures required by the forester and board under subsection (1) of this
section shall be a pro rata amount from the source or sources involved, based
upon forestland acreage being protected in the district for which the
expenditures are made. [Formerly 477.016]
     477.302 [Amended by 1965 c.253 §126; renumbered
477.705]
     477.304 [Amended by 1965 c.253 §127; renumbered
477.710]
     477.305
Forester to enforce prohibition against littering on forestland in districts. The forester is authorized to enforce the
provisions of ORS 164.805 insofar as such affects forestland within forest
protection districts established under this chapter. [1965 c.428 §2; 1971 c.743
§387]
     477.306 [Amended by 1965 c.253 §132; renumbered
477.730]
     477.308 [Amended by 1965 c.253 §133; renumbered
477.735]
     477.310 [Amended by 1959 c.363 §12; 1965 c.253 §134;
renumbered 477.090]
     477.312 [Amended by 1959 c.363 §13; repealed by 1965
c.253 §153]
     477.314 [Repealed by 1965 c.253 §153]
RANGELAND
     477.315
Definition for ORS 477.315 to 477.325. As used in ORS 477.315 to 477.325, “rangeland” means any land:
     (1) That is located in that part of the
state lying easterly of the summit of the
     (2) That has not been classified as Class
1, Class 2 or Class 3 forestland under ORS 526.305 to 526.370; and
     (3) That contains isolated tracts of
forestland not so classified or not within a forest protection district, or
that is primarily rangeland, undeveloped land or undeveloped area containing
sagebrush, juniper and similar growths. [Formerly 477.142; 2003 c.14 §315]
     477.317
Rangeland protection associations; organization; assistance from forester. (1) Any group of owners of rangeland that is
within a rangeland protection system established under ORS 477.320, and that
lies wholly outside any forest protection district, may organize a rangeland
protection association for the purpose of protecting the rangeland from fire.
The forester may enter into cooperative agreements or contracts with a
rangeland protection association under the provisions of ORS 477.320 for the
purpose of providing the assistance specified in subsection (2) of this
section.
     (2) The forester may assist a rangeland
protection association with organizing the association, training association
members and acquiring firefighting equipment for the association. The forester
may also assist a rangeland protection association with payment for liability
insurance and other administrative expenses of the association, which may not
exceed 50 percent of the total of budgeted operating costs and the cash
equivalent of in-kind supplies and services of the association in any fiscal
year. The costs of assistance specified in this subsection may not be paid from
funds assessed from forestland owners under ORS 477.230. [2007 c.808 §2]
     477.320
Request of rangeland owners for protection; hearings; determination;
cooperative agreements for protection. (1) Owners of rangeland may request the State Board of Forestry to
hold a hearing on the subject of providing protection from fire for rangeland.
Upon receipt of such request, the board or its authorized representative shall
hold one or more public hearings in order to receive from interested persons
information relating to the providing of such protection, and shall cause
public notice of the time and place of each hearing to be given. The board or
its authorized representatives shall keep the records of the proceedings of
such hearings as public records.
     (2) After the hearing referred to in
subsection (1) of this section, the board shall determine whether the rangeland
should be included within a protection system. If the board determines that
rangeland should be included in a rangeland protection system, the board, in
cooperation with interested persons, shall establish the extent and type of
protection to be provided and direct the forester or a rangeland protection
association organized under ORS 477.317 to provide the protection. Such
protection shall be commensurate with the values and uses of the rangeland to
be protected.
     (3) After proceedings under subsections
(1) and (2) of this section, the forester or a rangeland protection association
organized under ORS 477.317 shall provide the type and extent of protection
determined under subsection (2) of this section for rangeland determined to be
included within a protection system under subsection (2) of this section. For
the purpose of providing such protection, the forester and a rangeland
protection association may enter into cooperative agreements or contracts with
each other or, jointly or separately, with owners of rangeland, individuals,
associations, corporations, road districts, rural fire protection districts or
agencies of the federal government. [Formerly 477.144; 1999 c.355 §10; 2007
c.808 §5]
     477.325
Budget for rangeland protection; collection of costs; disposition of receipts. (1) Before June 1 each year, the owners of
rangeland to be protected under ORS 477.320, including all rangeland protection
associations organized under ORS 477.317, shall prepare in cooperation with the
State Board of Forestry or its authorized representative, and submit to the
board, a proposed budget for the fiscal year beginning on the next succeeding
July 1. The budget shall include the proposed cost of such protection. At the
meeting of the board under ORS 477.265, the board shall review the budget, make
any changes therein that are proper and consistent with law, and pass final
approval thereon.
     (2) The cost of protection of rangeland
under ORS 477.317 and 477.320 shall be in accordance with the budget approved
under subsection (1) of this section. The cost shall be collected pursuant to
the cooperative agreement or contract entered into between the forester and the
owners of the rangeland under ORS 477.320. All moneys received by the board
pursuant to this subsection shall be paid into the State Treasury and credited
to the State Forestry Department Account and shall be used exclusively for the
purposes of ORS 477.315 to 477.325. [Formerly 477.146; 1999 c.355 §11; 2007
c.808 §3]
FIRE WARDENS
     477.355
Fire wardens generally. (1)
The State Forester shall appoint one or more district fire wardens for each
forest protection district.
     (2) The State Forester shall appoint such
additional fire wardens as are needed to enforce this chapter. [1965 c.253 §86;
1997 c.274 §8]
     477.360
Duties of fire warden for forest protection district. The district fire warden, under the
direction of the State Forester, has charge of the fire prevention and
suppression system in the forest protection district of the warden and such
other duties as are required by law and the rules of the State Board of
Forestry. Any other wardens serving in the district are subject to the
direction of the district fire warden. [Formerly 477.008; 1999 c.355 §12]
     477.365
Duties and powers of wardens.
(1) Under instructions from the forester as to their exercise of state
authority, all wardens shall:
     (a) Take proper steps for the prevention
and extinguishment of fires within the localities in which they exercise their
functions.
     (b) Control the use of fire for clearing
land during fire season, as provided by ORS 477.505 to 477.520.
     (c) Make such reports of their work and
conditions within their localities as may be requested by the forester.
     (d) Have the power of peace officers to
make arrests or issue citations pursuant to ORS 477.985 for violation of this
chapter or rules or orders adopted pursuant thereto.
     (e) Enter upon the lands of any owner only
in the discharge of their fire prevention and suppression duties, provided that
in so entering they exercise due care to avoid doing damage.
     (f) Investigate the causes of fires and
may secure a fire origin area, at any time, for the purpose of preserving
evidence and conducting an investigation pertinent to this chapter and control,
restrict or prohibit access by any unauthorized person so long as is reasonably
necessary in the judgment of the warden.
     (g) Make a written determination, on a
form prescribed by the State Forester, of the personnel and equipment
reasonably available to an owner or operator who is required to make every
reasonable effort pursuant to ORS 477.120 (5) and revise such determination as
frequently as is necessary in the judgment of the warden.
     (h) Make a written determination, on a
form prescribed by the State Forester, of the use of any power-driven machinery
in any operation pursuant to ORS 477.670 and revise such determination as
frequently as is necessary in the judgment of the warden.
     (2) The forester, or any warden coming
under the jurisdiction of the forester, may administer oaths in investigations
of violations of this chapter and the preparation of reports thereon. [Formerly
477.012; 1971 c.743 §388; 1993 c.697 §4; 1997 c.274 §9; 2003 c.14 §316]
     477.370 [Formerly 477.014; 1987 c.158 §104; repealed
by 1997 c.274 §55]
     477.375 [1965 c.253 §91; repealed by 1997 c.274 §55]
COOPERATIVE
CONTRACTS OR AGREEMENTS
     477.405 [1965 c.253 §77; repealed by 1967 c.429 §23
(477.406 enacted in lieu of 477.405)]
     477.406
Cooperative contracts or agreements for forest protection or forest related
activities; negotiation. (1)
The forester and a forest protective association may enter into a contract or
agreement with each other or, jointly or separately, with a federal or state
agency, political subdivision, corporation, responsible organization or
responsible landowner or group of landowners for the prevention and suppression
of fire on forestland or on land other than forestland, or both, to prevent and
suppress fire.
     (2) Contracts and agreements under
subsection (1) of this section, and all renewals and revisions thereof, must be
negotiated in accordance with procedures specified by rules of the State Board
of Forestry.
     (3) The forester and a forest protective
association may enter into a contract or agreement for the accomplishment of
forestry related activities.
     (4) Contracts and agreements between the
forester and a forest protective association under subsections (1) and (2) of
this section may include the purchase from the forester of supplies and
equipment needed to provide and support fire protection services. [1967 c.429 §24
(enacted in lieu of 477.405); 1969 c.204 §2; 1993 c.415 §1; 1999 c.355 §13]
     477.408
Provisions of contract or agreement. Contracts or agreements under ORS 477.406 may provide, among other
things, for any or all of the parties to do any one or more of the following:
     (1) Exchange services on a cooperative
basis.
     (2) Provide services, supplies and
equipment in return for cash payment or other compensation.
     (3) Loan or lease equipment.
     (4) Subcontract obligations. [1967 c.429 §26;
1993 c.415 §2]
     477.410
Liability of parties; responsibility for equipment; unemployment insurance and
workersÂ’ compensation; sovereign immunity. (1) Unless otherwise provided in a contract or agreement, and except
as provided in subsection (2) of this section:
     (a) A party to a contract or agreement
under ORS 477.406, who is performing services for the benefit of another party,
is not liable for injury or damages to persons or property inflicted by the
actions of such other party.
     (b) If equipment is loaned or leased pursuant
to a contract or agreement under ORS 477.406, the party to have primary use of
the equipment under the contract or agreement is responsible for any and all
damages or loss to such equipment or for insuring the equipment against loss or
damage in a manner acceptable to the party owning the equipment.
     (c) If the services of personnel are
involved pursuant to a contract or agreement under ORS 477.406, the party to
have primary control over such personnel under the contract or agreement shall
provide such unemployment insurance and workersÂ’ compensation coverage as may
be required by law.
     (2) Nothing in ORS 477.406 to 477.412 or
in any contract or agreement under ORS 477.406 constitutes a waiver by the
State of
     477.412
Disposition and use of moneys received by forester under contract or agreement. All money received by the forester pursuant
to a contract or agreement described in ORS 477.406 shall be paid into the
State Treasury, credited to the State Forestry Department Account and used
pursuant to law for the purposes of the contract or agreement. [1967 c.429 §28]
     477.415
Definitions for ORS 477.440 to 477.460. The definitions in ORS 321.005 apply to ORS 477.440 to 477.460. [1965
c.253 §78; 1967 c.429 §35; 1981 c.321 §8]
     477.420 [Formerly 477.133; repealed by 1967 c.429 §61]
     477.425 [Formerly 477.135; 1967 c.429 §13; 1977
c.182 §2; repealed by 1981 c.321 §12]
     477.430 [1965 c.253 §82; 1967 c.429 §5; repealed by
1981 c.321 §12]
     477.440
Emergency Fire Cost Committee; members; terms; vacancies. (1) The State Board of Forestry shall
appoint an Emergency Fire Cost Committee consisting of four members, who shall
be forest landowners or representatives of forest landowners whose forestland
is being assessed for forest fire protection within a forest protection
district. At least one member shall be selected from each forest region of the
state. Members shall serve at the pleasure of the board.
     (2) Members of the Emergency Fire Cost
Committee shall be appointed by the board for four-year terms. Appointments
under this subsection shall be made by the board within 60 days after July 21,
1987. If there is a vacancy for any cause, the board shall make an appointment
to become immediately effective for the unexpired term. [Formerly 527.280; 1983
c.759 §12; 1987 c.919 §19]
     477.445
Distribution of fire emergency funds by committee. The committee shall supervise and control
the distribution of funds from the Oregon Forest Land Protection Fund
established under ORS 477.750. [Formerly 527.282; 1967 c.429 §6; 1981 c.321 §7]
     477.450
Election of committee chairperson. After July 1, 1961, the committee shall meet and elect one of its
members chairperson. The chairperson shall hold office for a period determined
by the committee. Whenever the office of chairperson of the committee becomes
vacant, the committee at its next regular or special meeting shall elect one of
its members to fill the vacancy. [Formerly 527.288]
     477.455
Meetings of committee; committee administrator. (1) Regular meetings of the committee shall
be held quarterly prior to the day set for meetings of the State Board of
Forestry, as otherwise provided by law. Special meetings of the committee may
be called by its chairperson or by three members. The act or decision of any
three members shall be deemed the act or decision of the committee.
     (2) A staff member of the State Forestry
Department shall be designated by the State Forester to serve as administrator
for the committee. [Formerly 527.296; 1987 c.919 §21; 1991 c.639 §9]
     477.460
Duties of administrator; compensation and expenses. (1) The administrator shall act as secretary
of the committee and shall carry out the provisions of ORS 477.440 to 477.460
in such manner as the committee shall direct. The salary and other expenses of
the administrator shall be paid from the Oregon Forest Land Protection Fund as
are other expenses of the committee.
     (2) Members of the committee are entitled
to compensation and expenses as provided in ORS 292.495. [Formerly 527.292;
1969 c.314 §51; 1981 c.321 §6; 1987 c.919 §22]
FIRE
PREVENTION
(Fire
Seasons)
     477.505
State Forester may declare fire season in district. (1) When conditions of fire hazard exist in
a forest protection district or any part thereof, the State Forester may
designate for that district or any part thereof the date of the beginning of a
fire season for that year. The fire season shall continue for that district or
part thereof until ended by order of the State Forester when conditions of fire
hazard no longer exist in that district or part thereof.
     (2) The State Forester may, during the
same year and for the same district under circumstances similar to those
described in subsection (1) of this section, designate one or more subsequent
fire seasons. [1965 c.253 §93; 1969 c.204 §3; 1997 c.274 §10]
     477.510
Acts prohibited during fire season. It is unlawful, during a fire season inside or within one-eighth of
one mile of a forest protection district, to:
     (1) Smoke while working in or traveling
through any operation area.
     (2) Use fuse and caps for blasting unless
approval is granted by the forester. [Formerly 477.165; 1997 c.274 §11]
(Permits)
     477.515
Permits required for fires on forestlands; waiver; permit conditions;
cooperative agreements for permit administration; rules. (1) It is unlawful to set or cause to be set
an open fire inside or within one-eighth of one mile of a forest protection
district, either on oneÂ’s own land or on the land of another, without first
securing a written permit for burning from the forester and complying with the
conditions of the permit. In granting permits for burning:
     (a) The forester may waive the requirement
that permits be secured prior to burning, except during a fire season or when
required under rules adopted pursuant to subsection (4) of this section.
     (b) The forester shall prescribe
conditions necessary to be observed in setting a fire and preventing it from
spreading out of control.
     (c) The forester may prescribe conditions
necessary to be observed in maintaining air quality.
     (2) Any permit obtained through willful
misrepresentation is void.
     (3) To avoid confusion or duplication of
administration and to promote government efficiency, the forester may enter
into a cooperative agreement with a county, a city or a rural fire protection
district that:
     (a) Allows the forester to administer the
requirements of this section, in conjunction with the enforcement authority of
ORS 477.980 to 477.993, on lands not otherwise subject to the requirements of
this chapter; or
     (b) Allows the cooperating agency to
administer the burning permit requirements of ORS chapter 476 or 478, as
appropriate, including applicable enforcement authority, on lands otherwise
subject to the requirements of this chapter.
     (4) All burning allowed under this section
shall comply with applicable rules that may be adopted by the State Board of
Forestry and the Department of Environmental Quality.
     (5) The provisions of this section do not
apply to campfires. [1965 c.253 §95; 1969 c.204 §204; 1969 c.680 §1; 1971 c.297
§1; 1997 c.274 §12; 1999 c.355 §14]
     477.520
Refusal, suspension or revocation of permits. The forester may refuse, suspend or revoke a permit authorized by or
issued under ORS 477.515 (1), when necessary in the judgment of the forester to
prevent danger to life, health, forest resources or property. The forester may
also refuse, suspend or revoke a permit authorized by or issued under ORS
477.515 (1), when necessary in the judgment of the forester, and after
consultation with the Environmental Quality Commission to prevent air
pollution, as defined in ORS 468A.005. [1965 c.253 §96; 1969 c.680 §2; 1997
c.274 §13]
     477.525 [1965 c.253 §97; repealed by 1967 c.429 §14
(477.526 enacted in lieu of 477.525)]
     477.526 [1967 c.429 §15 (enacted in lieu of
477.525); repealed by 1969 c.204 §8]
     477.530 [1965 c.253 §98; repealed by 1997 c.274 §55]
     477.532
Regional air quality authorityÂ’s functions limited. None of the functions of the Environmental
Quality Commission under ORS 477.013, 477.515 and 477.520 shall be performed by
any regional air quality authority established pursuant to ORS 468A.105. [1969
c.680 §5; 1997 c.274 §49]
(Restricted
Uses)
     477.535
Forester may proclaim forestland subject to restricted uses; coordination of
state and federal land restrictions. (1) If the forester determines that any forestland inside or within
one-eighth of one mile of a forest protection district is particularly exposed
to fire danger, by proclamation the forester may designate such forestland as
an extra fire hazard and may restrict the use of such forestland.
     (2) The proclamation shall designate the
area to which and the period during which the restrictions apply, and require
that the area be subject to use only upon the condition that entrants comply
with all the restrictions for the area.
     (3) The proclamation shall designate the
type of closure as:
     (a) Regulated closure;
     (b) Permit closure; or
     (c) Absolute closure.
     (4) For the purpose of consistency and
coordination between all affected agencies in the administration of forestland
restrictions, a plan shall be developed by the forester, in cooperation with
federal, state and local governmental agencies, landowners and organizations
affected by the restrictions. The primary objective of the plan is uniformity
of regulations regardless of land ownership. The plan must recognize variation
in fire danger and must specify levels of closure by unique but easily
recognizable geographic boundaries. [Formerly 477.156; 1967 c.429 §45; 1989
c.615 §3; 1997 c.274 §14]
     477.540
Notice of proclamation; suspension or termination; reinstatement. (1) The forester shall cause a notice of the
closure proclaimed under ORS 477.535 to be posted in conspicuous locations that
are in or near the designated areas. The forester shall cause a notice of each
proclamation to be published in at least one newspaper published in each forest
protection district containing the designated areas. Each published notice
shall describe the area, type, restrictions and effective date of closure, and
the manner in which permits may be secured if the area is subject to a permit
closure.
     (2) The proclamation shall remain in force
until the time designated therein expires or until the forester finds that the
restricted use is no longer requisite and by order suspends or terminates it. A
reinstatement of a closure after a suspension does not require the notices
described in subsection (1) of this section. [Formerly 477.160; 1967 c.429 §46;
1969 c.204 §5; 1997 c.274 §15; 1999 c.355 §15]
     477.545
Restricted uses during closure.
(1) Regulated closures require entrants into designated areas to comply with
the requirements set forth in the proclamation under ORS 477.535, which
requirements in the judgment of the forester are necessary to prevent danger to
life, forest resources or property.
     (2) Permit closures make the area subject
to entry only through permit issued by the forester. The permit shall contain
requirements which in the judgment of the forester are necessary to prevent
danger to life, forest resources or property. The forester may, during periods
of fire hazard conditions, refuse, suspend, revoke or restrict such permits.
     (3) Absolute closures restrict the areas
to all forms of use and shall be designated only during periods of extreme fire
hazard conditions endangering life, forest resources or property. [Formerly
477.158; 1967 c.429 §47; 1969 c.204 §6; 1997 c.274 §16]
     477.550
Violation of restrictions; access for fire fighting permitted. (1) Except as provided in subsection (2) of
this section, it is unlawful to enter any restricted area except in compliance
with ORS 477.535 and 477.545, or to violate any of the requirements or
restrictions under such sections.
     (2) Nothing in this section applies to an
ownerÂ’s right of entry upon the land of the owner or prohibits free access to
any area by anyone for the sole purpose of preventing or extinguishing fires. [Formerly
477.162; 1967 c.429 §48]
(Smoke
Management)
     477.552
Policy. It is the policy of
the State of
     (1) To improve the management of
prescribed burning as a forest management and protection practice; and
     (2) To minimize emissions from prescribed
burning consistent with the air quality objectives of the federal Clean Air Act
and the State of Oregon Clean Air Act Implementation Plan developed by the
Department of Environmental Quality under ORS 468A.035. [1989 c.920 §2]
     477.554
Program establishment; content.
(1) With the advice and assistance of the advisory committee established under
ORS 477.556, and subject to the review of the State Board of Forestry, the
State Forester shall adopt and implement programs for meeting the objectives
set forth in ORS 477.013 and 477.552 to 477.562. The programs shall include:
     (a) Collection, analysis and distribution
of information regarding prescribed burning and other alternative fuel
management techniques;
     (b) Assistance to landowners wanting to
evaluate alternative burning and nonburning fuel management strategies and the
collection of data regarding fuel conditions existing before and after
treatment;
     (c) Aerial monitoring of prescribed
burning activity;
     (d) Distribution of information to the
Department of Environmental Quality on progress toward meeting federal and
state air quality standards;
     (e) Establishment of a system to track
forest burning on a geographically specific basis; and
     (f) Collection, analysis and distribution
of information regarding emissions from wildfires for comparison with
prescribed burning.
     (2) The programs shall be administered by
the State Forestry Department. [1989 c.920 §3; 1997 c.274 §50; 2007 c.213 §2]
     477.556
Advisory committee; membership; terms; staff. (1) An advisory committee shall be created by the State Forester to
advise and assist the State Forester in carrying out the programs required by
ORS 477.013, 477.515 and 477.552 to 477.562. The advisory committee shall
consist of five members as set forth in subsections (2) and (3) of this
section.
     (2) The following three members shall be
appointed by the State Forester:
     (a) One member representing a
nonindustrial forest landowner;
     (b) One member representing an industrial
forest landowner; and
     (c) One member representing the public.
     (3) In addition to the members designated
in subsection (2) of this section, representatives of the following federal
agencies shall be invited to serve as members of the advisory committee:
     (a) A representative of the United States
Forest Service.
     (b) A representative of the United States
Bureau of Land Management.
     (4) Each member of the advisory committee
shall serve for a term of two years.
     (5) Members of the advisory committee are
entitled to compensation as provided in ORS 292.495.
     (6) A vacancy for any cause occurring
before the expiration of a term shall be filled for the unexpired term by a
person appointed by the State Forester.
     (7) A staff member of the State Forestry
Department shall be designated by the State Forester to serve as secretary for
the committee. [1989 c.920 §4; 1997 c.274 §51]
     477.558
Functions for advisory committee. The advisory committee created under ORS 477.556 shall:
     (1) Advise the State Forestry Department
in collecting information about prescribed burning operations; and
     (2) Advise the State Forestry Department
on the collection, analysis and distribution of information required under ORS
477.554. [1989 c.920 §5; 2007 c.213 §3]
     477.560
     (2) The following moneys shall be credited
to the Oregon Forest Smoke Management Account:
     (a) Nonrefundable registration fees
received by the State Forestry Department for Class 1 forestland under ORS
526.324 to be burned west of the summit of the Cascade Mountains, not including
     (b) Fees received by the State Forester
for Class 1 forestland under ORS 526.324 treated by a prescription burn method
under ORS 477.515 (1) west of the summit of the Cascade Mountains, not
including Hood River County.
     (c) Fees for federal forestland included
within the regulated area under ORS 477.013 to be treated by any prescription
burn method subject to the provisions of the State of
     (3) The moneys in the Oregon Forest Smoke
Management Account are appropriated continuously for and shall be used by the
State Forester exclusively for the administration of the smoke management
program approved under ORS 477.013 and 477.554. [1989 c.920 §7; 1997 c.274 §52;
2007 c.213 §4]
     477.562
Registration fee; rules. (1)
The State Forestry Department shall collect a nonrefundable registration fee
for Class 1 forestland under ORS 526.324 to be burned west of the summit of the
Cascade Mountains, not including
     (2) Any owner of Class 1 forestland under
ORS 526.324 and any agency managing Class 1 forestland under ORS 526.324 lying
within the regulated area as described in the plan required under ORS 477.013
shall register with the State Forester, in accordance with rules adopted by the
State Forester, the number of acres to be burned prior to December 31 of the
same year.
     (3) The State Forester shall establish by
rule the amount of fees to be collected under this section. The fees may not
exceed:
     (a) Fifty cents per acre for registration.
     (b) $5 per acre for forestland classified
as Class 1 under ORS 526.324 that has been treated by any prescription burn
method authorized by the issuance of a permit under ORS 477.515 (1).
     (4) Federal lands included within the
regulated area under the provision of the smoke management plan approved under
ORS 477.013 shall also be subject to the fees authorized under subsection (3)
of this section for forestland to be treated by any prescription burn method
subject to the provisions of the State of Oregon Clean Air Act Implementation
Plan and the federal Clean Air Act.
     (5) The State Forester may establish a
minimum fee per billing, combining the fees in subsections (1) and (3) of this
section. The combined minimum fee may not exceed $30.
     (6) In order to efficiently collect fees
established by this section, the State Forester is authorized to enter into
contracts or agreements with a federal land management agency, a person or a
public body as defined in ORS 174.109. Such a contract or agreement may provide
for payment methods such as estimated annual payments with periodic adjustment
to ensure the recovery of actual fees due, or semiannual or quarterly
consolidated billings.
     (7) Notwithstanding ORS 291.238, moneys
collected under this section shall be deposited in the Oregon Forest Smoke
Management Account established under ORS 477.560. [1989 c.920 §8; 1991 c.919 §15a;
1997 c.274 §53; 2007 c.213 §5]
SNAGS;
SLASHING AND OTHER DEBRIS
     477.565
Felling dead trees and snags; rules. (1) In an operation area on forestland inside or within one-eighth of
one mile of a forest protection district:
     (a) If power-driven machinery is used at
any location to load and assemble forest products, the operator shall fell all
dead trees and snags of such size and within such distance of the equipment as
may be required by rules promulgated by the State Forester.
     (b) On forestland west of the summit of
the
     (2) Rules promulgated under this section
shall prescribe such felling as reasonably is necessary to prevent the spread
of fire. [Formerly 477.217; 1967 c.429 §49; 1997 c.274 §17]
     477.570 [Formerly 477.242; repealed by 1973 c.46 §8]
     477.575 [Formerly 477.244; 1969 c.680 §3; 1973 c.46 §4;
repealed by 1987 c.154 §1]
     477.580
Determination of additional fire hazards; notice to landowner; plan for
reducing hazard; release from liability. (1) Following the issuance of a permit pursuant to ORS 477.625, and
after slashing has been created in an operation area inside or within
one-eighth of one mile of a forest protection district, the forester may make a
determination if such slashing and debris exists on the operation area in
sufficient quantity and arrangement as to constitute an additional fire hazard
that endangers life, forest resources or property, and if such area is in need
of additional work or protection to reduce, abate or offset the additional fire
hazard. Whenever practical, the forester shall make the determination referred
to in this subsection during the administration and enforcement of the Oregon
Forest Practices Act.
     (2) If the forester determines that an
additional fire hazard exists on the operation area sufficient to endanger
life, forest resources or property, and that such area is in need of additional
work or protection to reduce, abate or offset the additional fire hazard, the
forester shall so notify the landowner and operator or their representatives in
writing of such determination. Pursuant to rules promulgated by the State
Forester, the notice to the landowner or operator shall contain provisions for
offsetting the additional fire hazard by burning, improvements, extra
protection or other means. The notice shall also specify a reasonable time for
completion of the provisions contained therein.
     (3) When the forester finds that the
provisions set forth in subsection (2) of this section have been complied with
or that the additional hazard has been, in the opinion of the forester,
sufficiently reduced by other means to offset the hazard, the forester shall
immediately issue to the operator or landowner a release from all obligations
imposed by ORS 477.120 (2)(c).
     (4) If the forester determines that an
additional fire hazard exists, the forester shall, at the request of the owner
or operator, with the approval of the owner, grant a release upon payment by
the owner or operator of such sum of money as the forester finds necessary to
provide additional protection or means necessary to reduce or offset the
additional hazard created by such slashing and other debris. In no event may
this sum exceed the lesser of:
     (a) $6 for each 1,000 board feet of timber
harvested in an operation;
     (b) The forester’s estimated cost of
reducing or providing other means to offset the additional hazard; or
     (c) $10 for each acre in a stand
improvement operation where no timber is harvested.
     (5) Moneys received under subsection (4)
of this section shall be placed in the State Treasury, credited to the State
Forestry Department Account and used exclusively for the purposes of forest
protection within the district.
     (6) Any owner of forestland may make
written request to the forester to assume all obligations for the disposal or
reduction of any additional fire hazard determined to exist thereon. If the
forester then determines that the owner can comply with such obligation, the
forester shall immediately issue to all other persons involved a written
release of such obligations.
     (7) Any order or determination made by the
forester pursuant to this section is final unless modified or vacated in an
appeal to the State Board of Forestry taken within 30 days after issuance of
the order. [1965 c.253 §121; 1965 c.428 §16; 1967 c.429 §54; 1973 c.46 §5; 1975
c.74 §1; 1979 c.222 §1; 1997 c.274 §18; 2003 c.14 §317]
     477.585 [1967 c.429 §56; repealed by 1973 c.46 §8]
MACHINERY
REGULATIONS
(Enjoining
Violations)
     477.605
Enjoining violations of ORS 477.615 and 477.645 to 477.655. Any person violating any provisions of ORS
477.615 and 477.645 to 477.655 may be enjoined in an appropriate judicial
proceeding from the further use of such equipment until the person complies
with these sections. [Formerly 477.218; 1997 c.274 §19]
     477.610
Standardization of fire-fighting equipment used to protect forestland; rules. (1) Notwithstanding any other law, the State
Forester, in cooperation with other forest protection associations and
agencies, shall carry on a continuous program for the standardization of
equipment used for the protection of forestland from fire, and may issue rules,
with the approval of the State Board of Forestry, for such standardization
where it is the finding of the forester and board that such standardization is
economically feasible.
     (2) The provisions of ORS 476.410 to
476.440 shall not apply to equipment used for the protection of forestland from
fire. [1965 c.76 §§2,3; 1999 c.355 §16]
(General
Regulations)
     477.615
Additional water supply and equipment; rules. (1) During a fire season inside or within one-eighth of one mile of a
forest protection district, when, in the judgment of the forester, an operation
is of sufficient size or so planned and operated as to justify additional
protection from fire, the owner or operator, when so directed by the forester
in writing, shall provide, within such time as is specified in the writing,
additional water supply and equipment for use in fire suppression that is in
conformity with rules promulgated by the State Forester.
     (2) All such equipment shall be kept in
constant readiness for instant use in fighting forest fires. However, nothing
in this section prohibits the use of the equipment by the operator for
sprinkling roads or other uses within the operation area.
     (3) Rules promulgated under this section
shall prescribe such water supply and equipment as reasonably are necessary to
provide immediate and effective suppression of fires on forestland and may
provide for the use of alternate methods and equipment. [Formerly 477.212; 1967
c.429 §17; 1995 c.605 §2; 1997 c.274 §20]
     477.620 [Formerly 477.215; repealed by 1995 c.605 §1]
     477.625
Permit to use fire or power-driven machinery; exception; conditions; waiver of
permit. (1) Every person
conducting an operation inside or within one-eighth of one mile of a forest
protection district that uses fire in any form or power-driven machinery shall
first obtain from the forester a written permit, which shall require that the
holder of the permit:
     (a) Take reasonable precautions that in the
judgment of the forester are necessary in the use of fire and power-driven
machinery to prevent the spread of fire on or from an operation area.
     (b) Designate a representative authorized
to act on all matters having to do with fire control, which representatives
shall be available at all times by direct means of communication with the
forester.
     (c) If operating west of the summit of the
     (2) Routine road maintenance is excepted
from the requirement to obtain a permit to operate power-driven machinery under
this section. As used in this subsection “routine road maintenance” means
grading, cleaning ditches, culvert cleaning, spot rocking or mechanical
brushing along the roadside to maintain visibility.
     (3)(a) The forester may waive the
requirement to obtain a written permit under this section when in the judgment
of the forester the operation will not constitute a fire hazard sufficient to
justify the requirement.
     (b) Waiver of the requirement to obtain a
written permit under this section does not relieve the owner and operator of
the responsibility for complying with other applicable duties, requirements or
penalties of this chapter. [Formerly 477.286; 1991 c.634 §1; 1997 c.274 §21]
     477.627 [1975 c.185 §3; repealed by 1975 c.185 §6]
     477.630
Information in permit. (1)
Each permit issued under ORS 477.625 shall include:
     (a) The legal description of the area upon
which any operation is to be conducted, or an alternate description of the area
permitted by the forester;
     (b) The name and address of the operator
and owner; and
     (c) Any other information considered by
the forester to be necessary for the administration of the rules promulgated
under this chapter.
     (2) The information required in subsection
(1) of this section shall be provided by the operator or owner, prior to
issuance of the permit by the forester. [1965 c.253 §108; 1975 c.185 §1; 1997
c.274 §22]
     477.635
Authority to issue, refuse, suspend or revoke permit. The forester may issue the permits required
in ORS 477.625 and suspend or revoke such permits because of violation of the
terms thereof or noncompliance with this chapter. The forester shall refuse to
issue a permit to any person for the conduct of an operation when, in the
judgment of the forester, an excessive amount of forest debris in and around
the operation area results in an extreme fire hazard that endangers life,
forest resources or property. [Formerly 477.288; 1997 c.274 §23]
(Fire Season
Regulations)
     477.640
Use and refueling of power saws. During a fire season, every person using, operating or fueling a saw
powered by an internal combustion engine inside or within one-eighth of one
mile of a forest protection district shall comply with the rules of the State
Forester relating thereto, promulgated for the prevention and suppression of
fire. [Formerly 477.290; 1997 c.274 §24]
     477.645
Internal combustion engines; rules. (1) During a fire season every person operating an internal combustion
engine inside or within one-eighth of one mile of a forest protection district
shall equip and maintain the engine in conformity with rules promulgated by the
State Forester. These rules shall prescribe such equipment as reasonably is
necessary to prevent the escape of fire from such an engine.
     (2) Escape of fire from any engine
described in this section is prima facie evidence that it has not been equipped
and maintained adequately in compliance with rules promulgated under this
section. [Formerly 477.182; 1967 c.429 §18; 1997 c.274 §25]
     477.650
Stationary internal combustion engines; rules; waiver. (1) During a fire season every person
operating a stationary internal combustion engine inside or within one-eighth
of one mile of a forest protection district shall provide at each engine on an
operation area a water supply, and equipment for its use in fire suppression,
in conformity with rules promulgated by the State Forester. These rules shall
prescribe such water supply and equipment as reasonably are necessary to
prevent the spread of fire and may provide for the use of alternate methods and
equipment.
     (2) When a person has equipped one engine
as required by subsection (1) of this section, any additional engines operated
by the person within 150 feet of the equipped engine shall be exempt from the
requirements of subsection (1) of this section.
     (3) For the purposes of this section, an
internal combustion engine shall be considered stationary if it is operated for
a period of more than two days exclusively at one location in an operation
area.
     (4) The forester in writing may waive any
requirement of this section when an operation will not constitute a fire hazard
sufficient to justify the requirement. [Formerly 477.184; 1967 c.429 §19; 1997
c.274 §26]
     477.655
Fire-fighting tools and equipment at operation area and on trucks; rules. During a fire season inside or within
one-eighth of one mile of a forest protection district:
     (1) Every person conducting an operation
shall provide and maintain, at the operation area or at a location designated
by the forester, fire-fighting tools that are in conformity with rules
promulgated by the State Forester. The tools shall be used only for fighting
fire and for no other purpose.
     (2) Each internal combustion engine used
in an operation area shall be equipped with fire-fighting tools and equipment
that are in conformity with rules promulgated by the State Forester.
     (3) All trucks driven over roads through
forestland, excepting county roads and state highways, shall be equipped with
fire-fighting tools and equipment that are in conformity with rules promulgated
by the State Forester.
     (4) For purposes of this section, the
rules promulgated by the State Forester:
     (a) Shall prescribe such type and number
of tools and equipment for extinguishing fires as reasonably are necessary to
suppress fires, and the manner of storing such tools when not in use.
     (b) May provide for the use of alternate
methods, tools and equipment.
     (5) The tools and equipment prescribed by
these rules shall be kept in constant repair and readiness for instant use. [Formerly
477.186; 1967 c.429 §20; 1997 c.274 §27]
     477.660
Additional protection facilities or services at operation area. During a fire season when in the judgment of
the forester any operation inside or within one-eighth of one mile of a forest
protection district has a fire hazard requiring additional protection, the
operator shall provide such other facilities or services as the forester by
written notice may direct. [Formerly 477.187; 1967 c.429 §21; 1997 c.274 §28]
     477.665
Fire watch service; rules; waiver. (1) During a fire season inside or within one-eighth of one mile of a
forest protection district, every operator using power-driven machinery in an
operation area shall provide fire watch service on the operation area. The fire
watch service shall consist of not less than one competent person, who shall be
constantly on duty at times prescribed by rules promulgated by the State
Forester. These rules shall require fire watch service at such times and at
such places as the spread of fire on or from the operation area to forestland
reasonably may be expected.
     (2) The forester may modify or waive, in
writing, any requirement of this section as to any operation whenever the fire
hazard is not sufficient to justify the requirement. [Formerly 477.188; 1967
c.429 §22; 1969 c.204 §7; 1997 c.274 §29; 1999 c.59 §158]
     477.670
When use of fire or power-driven machinery prohibited. During a fire season inside or within
one-eighth of one mile of a forest protection district situated west of the
summit of the
     477.685 [Formerly 477.246; repealed by 1995 c.605 §1]
     477.690 [Formerly 477.248; repealed by 1995 c.605 §1]
MISCELLANEOUS
     477.695
Removal of flammable material from railroad rights of way. (1) Every person operating a railroad of any
kind in this state inside or within one-eighth of one mile of a forest
protection district shall annually or more often, if so ordered in writing by
the forester, in a manner and to an extent ordered by the forester, destroy or
remove all flammable growth and flammable material from the right of way of the
railroad. All burning done to comply with this section must be in accordance
with ORS 477.505 to 477.520 and 477.625.
     (2) The forester shall allow a reasonable
period of time for compliance with this order. [1965 c.253 §125; 1971 c.562 §1;
1997 c.274 §31]
     477.705 [Formerly 477.302; repealed by 1983 c.327 §16]
     477.710
Starting of campfire or other open fire restricted; exceptions. It is unlawful for any person to start a
campfire or other open fire without first clearing the area immediately around
and above it of material that will carry fire, or leave a campfire or other
open fire unattended, or permit a campfire or other open fire to spread. This
section does not apply to any activity conducted in compliance with ORS
477.365, 477.515, 477.625, 478.960, 526.041, 526.360 or 527.670. [Formerly
477.304; 1967 c.429 §50; 1993 c.430 §2; 1997 c.274 §32]
     477.715 [1965 c.253 §129; repealed by 1971 c.743 §432]
     477.720
Accidentally setting fire to forestland; failure to prevent spread. (1) It is unlawful, having accidentally set
fire to any forestland, or any place from which fire may be communicated to
forestland, to fail to extinguish the fire or use every possible effort so to
do.
     (2) It is unlawful, having built a fire on
or near forestland, through carelessness or neglect to permit the fire to
spread to or through the forestland. [1965 c.253 §130]
     477.730 [Formerly 477.306; repealed by 1971 c.743 §432]
     477.735 [Formerly 477.308; 1971 c.743 §389; repealed
by 1987 c.905 §37]
     477.740
Unlawful use of fire. A
person commits the offense of unlawful use of fire if the person:
     (1) In the ignition of a fire:
     (a) Unlawfully sets on fire, or causes to
be set on fire, any grass, grain, stubble or other material being or growing on
any lands within the state;
     (b) Intentionally or negligently allows
fire to escape from the personÂ’s own land, or land of which the person is in
possession or control; or
     (c) Accidentally sets any fire on the
personÂ’s own land or the land of another and allows it to escape from control
without extinguishing it, or making a bona fide effort to do so.
     (2) Having knowledge of a fire burning on
the personÂ’s own land, or land of which the person is in possession or control,
fails or neglects to make a bona fide effort to extinguish the same, regardless
of whether or not the person is responsible for the starting or existence
thereof. [1971 c.743 §307; 1993 c.697 §7; 1997 c.274 §33]
     477.745
Liability of parents for costs of suppressing fire caused by minor child. (1) In addition to any other remedy provided
by law, the parent or parents of an unemancipated minor child shall be liable
for costs incurred by the forester in suppressing fires on forestland caused by
such minor child. However, a parent who is not entitled to legal custody of the
minor child at the time of the fire shall not be liable for such damages.
     (2) The legal obligation of the parent or
parents of an unemancipated minor child to pay damages under this section shall
be limited to not more than $5,000 payable to the forester for one or more
acts.
     (3) When an action is brought under this
section on parental responsibility for acts of their children, the parents
shall be named as defendants therein and, in addition, the minor child shall be
named as a defendant. The filing of an answer by the parents shall remove any
requirement that a guardian ad litem be required.
     (4) Nothing in subsections (1) to (3) of
this section applies to:
     (a) Foster parents.
     (b) Parents who have filed a petition for
the unemancipated minor child under ORS 419B.809. [1995 c.605 §6; 2001 c.622 §52]
     477.747
Policies and plans for restoration of burned forestland. The State Forestry Department, the State
Parks and Recreation Department, the State Department of Fish and Wildlife, the
Department of State Lands and any other state agency with oversight
responsibilities for state forestlands shall promote the effective use of state
resources by adopting and implementing policies and management plans to begin
efforts to restore and recover forestlands burned by fire so that social,
economic and environmental values are not lost due to delay. These agencies
shall coordinate, to the extent needed, to promote the efficient use of state
resources in developing their fire restoration and recovery policies and plans.
The Oregon Department of Administrative Services may assist state agencies
under this section in developing contract and other procedures to expedite
restoration and recovery efforts. The Oregon Department of Administrative
Services shall provide appropriate contracting assistance and exceptions as may
be necessary to expedite restoration and recovery efforts. [2003 c.456 §1]
     Note: 477.747 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 477 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     477.750
     (2) Notwithstanding any other law and as
limited by ORS 477.750 to 477.775 and 477.880, that part of the suspense
account created by ORS 321.145 that is derived from the tax levied by ORS
321.015 (2) after refunds and other costs permitted by law, shall be credited
to the Oregon Forest Land Protection Fund. [1969 c.524 §2; 1983 c.16 §3; 1985
c.759 §33; 1989 c.769 §12; 1989 c.966 §57]
     477.755
Appropriation of fund for emergency fire suppression costs; limitation on
expenditures. (1)
Notwithstanding ORS 291.238, the moneys in the Oregon Forest Land Protection
Fund are appropriated continuously to the Emergency Fire Cost Committee and
shall be used for equalizing emergency fire suppression costs for safeguarding
forestland in any forest protection district, and for necessary administrative
expenses. However, such administrative expenses may not exceed the limit
authorized by the Legislative Assembly each biennium.
     (2) Notwithstanding any other provision of
law, the annual expenditure from the Oregon Forest Land Protection Fund from
revenues received from ORS 321.015 (2), 477.277 (1), 477.295 (1) and (2),
477.750 (1) and (2), 477.760 (4) and 477.880 (2) may not exceed $15 million.
     (3) As used in this section, “annual
expenditure” means the expenses of the Oregon Forest Land Protection Fund
obligated in any 12-month period designated by the Emergency Fire Cost
Committee by rule that corresponds to the policy period of any insurance for
emergency fire costs. [1969 c.524 §3; 1989 c.23 §1; 1991 c.639 §5; 2003 c.685 §4;
2005 c.802 §11]
     Note: The amendments to 477.755 by section 9,
chapter 685, Oregon Laws 2003, and section 12, chapter 802, Oregon Laws 2005,
become operative July 1, 2009. See section 11, chapter 685, Oregon Laws 2003,
as amended by section 17, chapter 802, Oregon Laws 2005, and section 1, chapter
847, Oregon Laws 2007. The text that is operative on and after July 1, 2009, is
set forth for the userÂ’s convenience.
     477.755. (1) Notwithstanding ORS 291.238, the moneys
in the Oregon Forest Land Protection Fund are appropriated continuously to the
Emergency Fire Cost Committee and shall be used for equalizing emergency fire
suppression costs for safeguarding forestland in any forest protection
district, and for necessary administrative expenses. However, such
administrative expenses may not exceed the limit authorized by the Legislative
Assembly each biennium.
     (2) Notwithstanding any other provision of
law, the annual expenditure from the Oregon Forest Land Protection Fund from
revenues received from ORS 321.015 (2), 477.277 (1), 477.295 (1) and (2),
477.750 (1) and (2), 477.760 (4) and 477.880 (2) may not exceed $10 million.
     (3) As used in this section, “annual
expenditure” means the expenses of the Oregon Forest Land Protection Fund
obligated in any 12-month period designated by the Emergency Fire Cost
Committee by rule that corresponds to the policy period of any insurance for
emergency fire costs.
     477.760
Reserve base of fund fixed; annual determination of excess over base; tax
levies and assessments to maintain base. (1) The reserve base of the Oregon Forest Land Protection Fund is
$22.5 million. On or about the last day of February of each year the Emergency
Fire Cost Committee shall meet and determine the unencumbered balance of the
fund as of the preceding February 16.
     (2) In order to maintain the reserve base
of the fund at $22.5 million, the Emergency Fire Cost Committee may request and
the State Treasurer may approve transfers to the fund in accordance with ORS
293.205 to 293.225, if the moneys in this fund fall below the reserve base,
whether or not there are sufficient moneys in the fund to pay the obligations
of the fund. Repayment of any such transfers shall be made from moneys paid
into the fund pursuant to ORS 321.015 (2), 477.277 and 477.880 and from such
other moneys as may be credited to the fund therefor.
     (3) If the committee determines that the
moneys in the fund exceed:
     (a) The reserve base, and that no
repayment obligations are outstanding from transfers made pursuant to
subsection (2) of this section, then the Department of Revenue shall reduce the
taxes described in ORS 321.015 (2) by 50 percent for the following calendar
year and the surcharge for each improved lot or parcel described in ORS 477.277
and the assessments described in ORS 477.880 shall be reduced by 50 percent for
the following fiscal year.
     (b) $30 million, and that no repayment
obligations are outstanding from transfers made pursuant to subsection (2) of
this section, then the Department of Revenue may not collect the taxes
described in ORS 321.015 (2) for the following calendar year and the surcharge
for each improved lot or parcel described in ORS 477.277 and the assessments
described in ORS 477.880 may not be collected until the calendar year or fiscal
year following the determination of the committee that the unencumbered balance
in the fund is less than or equal to $22.5 million.
     (4)(a) Notwithstanding any other provision
of law, if the funds referred to in subsection (2) of this section are
inadequate to cover repayment of transfers from the State Treasurer or from
other sources, the State Forester shall increase the following taxes,
assessments and charges in an amount adequate to ensure repayment of the
transfers, and any interest accrued thereon, allowing for contingencies in
valuation, assessment and collection:
     (A) The harvest tax referred to in ORS
321.015 (2).
     (B) The surcharge on developed lots
referred to in ORS 477.277.
     (C) The minimum assessment referred to in
ORS 477.295.
     (D) The acreage assessments referred to in
ORS 477.880 (2).
     (b) The increases to taxes, assessments
and charges shall be apportioned based upon the proportionate levels of
revenues received from each source by the Oregon Forest Land Protection Fund.
Any such increases shall be computed on or before January 1 of each year, and
shall be based upon revenues received during the previous four quarters. Any
such increases shall be made in the appropriate calendar or fiscal year
following that in which the requested transfers from the State Treasurer or
from other sources are made. [1969 c.524 §4; 1985 c.158 §1; 1985 c.759 §34;
1989 c.769 §4; 1991 c.639 §6; 1993 c.653 §21; 2003 c.685 §§5,10; 2005 c.802 §§13,14]
     477.765 [1969 c.524 §5; repealed by 1985 c.759 §40]
     477.770
Rules relating to use of fund.
The Emergency Fire Cost Committee shall promulgate rules relating to the
disposition of moneys from the Oregon Forest Land Protection Fund. Under such
rules the committee may require that prior to the payment of moneys from the
fund the forest protection district expend an amount for emergency fire
suppression not to exceed a per acre amount determined to be 10 percent of the total
budgeted amount of all districts as set forth in ORS 477.220 to 477.415 divided
by the total protected acres of all districts. However, any such amount per
acre shall apply uniformly to each forest protection district. [1969 c.524 §6;
1977 c.182 §3; 1981 c.321 §5; 2007 c.847 §3]
     477.775
Emergency fire suppression costs insurance; considerations; payment of premium
from fund. (1) Prior to
February 1 of each year, the Emergency Fire Cost Committee and the forester
shall consult regarding the purchase of emergency fire suppression costs
insurance and the level of coverage to purchase for the fire season of that
year.
     (2) In determining whether the purchase of
insurance is advisable, the forester and the committee shall consider:
     (a) The cost, coverage and deductible of
insurance available from private insurance carriers;
     (b) The funding available for fire
suppression from the Oregon Forest Land Protection Fund and other sources;
     (c) The current condition of forests;
     (d) Long-term weather predictions;
     (e) Available fire fighting resources; and
     (f) Available funds for the purchase of
insurance.
     (3) If the committee and the forester
agree to purchase insurance, the forester shall purchase insurance through the
Oregon Department of Administrative Services to cover any lawful expense
incurred by the State Forestry Department, or contractors or cooperators, that
is payable by the Oregon Forest Land Protection Fund. The insurance may be
obtained through negotiation or competitive bids, whichever is in the best
interest of the state, its contractors and cooperators.
     (4) The Oregon Forest Land Protection Fund
may not be charged for payment of more than one-half of any premium for the
insurance. [1969 c.524 §10; 1985 c.158 §2; 1989 c.91 §1; 1989 c.769 §11; 1991
c.639 §7; 2005 c.802 §15]
     477.777
Budget request required for fire insurance and fire suppression resources;
report. (1) As part of the
preparation of the budget forms submitted to the Oregon Department of
Administrative Services pursuant to ORS 291.208 for the State Forestry
Department, the State Forester shall prepare, in addition to any amounts
budgeted for forest protection districts pursuant to ORS 477.205 to 477.281, a
budget request for a General Fund appropriation that may be used for any or all
of the following:
     (a) Providing funds for the purchase of
insurance under ORS 477.775.
     (b) Placement of centrally managed fire
suppression resources for statewide use.
     (c) Acquisition of fast-mobilizing,
short-term contingency resources to be used based on predictions of unusually
severe fire weather, widespread lightning events or serious resource shortage
due to a heavy fire season.
     (d) Enhancement of forest protection
district resources in limited cases where land productivity or other economic
factors seriously limit the protection districtÂ’s ability to provide adequate
funding to meet performance standards.
     (2) The State Forester shall utilize
critical discretion in the expenditure of the funds provided to the State
Forestry Department pursuant to the separate budget request required under
subsection (1) of this section.
     (3) The State Forester shall report to the
Emergency Board, each year, after the close of the fire season, on:
     (a) The nature and severity of the fire
season;
     (b) The moneys expended on fire
suppression;
     (c) The rationale for the expenditures;
and
     (d) The balance remaining from the
biennial appropriation. [2005 c.802 §2]
     477.780 [1969 c.524 §14; repealed by 1985 c.759 §40]
     477.805 [1967 c.429 §37; repealed by 1985 c.759 §40]
     477.810 [1961 c.689 §2; 1965 c.253 §145; repealed by
1967 c.429 §61]
     477.820 [1961 c.689 §3; 1967 c.429 §39; repealed by
1985 c.759 §40]
     477.830 [1961 c.689 §§4,5(3); 1969 c.524 §11; 1977
c.182 §4; 1981 c.321 §2; repealed by 1985 c.759 §40]
     477.840 [1961 c.689 §5(1),(2); repealed by 1969
c.524 §15]
     477.850 [1961 c.689 §6; repealed by 1985 c.759 §40]
ASSESSMENT
FOR FIRE SUPPRESSION COSTS
     477.880
Acreage assessment; east side forestlands; certain forestlands west of
     (a) The forester under ORS 477.210 (4),
with the approval of the State Board of Forestry;
     (b) The
     (c) Any forest protective agency under
contract or agreement with the forester or board pursuant to ORS 477.406; or
     (d) Any forest protective agency,
described in paragraph (c) of this subsection, under a contract or agreement
with the
     (2) Except as otherwise provided in ORS
477.760, for each fiscal year the assessment levied per acre of ownership of
forestland designated in subsection (1) of this section shall be:
     (a) Seven and one-half cents for all
forestlands east of the summit of the Cascade Mountains and all forestlands
which have been classified Class 3, agricultural class, under ORS 526.305 to
526.370; or
     (b) Five cents for all forestlands not
described in paragraph (a) of this subsection. [1969 c.524 §§7,8; 1981 c.321 §3;
1985 c.759 §35; 1989 c.769 §5; 1991 c.639 §8; 2003 c.14 §318; 2007 c.779 §4]
     477.885 [1969 c.524 §9; repealed by 1985 c.759 §40]
     477.910 [1959 c.320 §1; 1965 c.253 §146; repealed by
1967 c.429 §61]
     477.920 [1959 c.320 §7; repealed by 1985 c.759 §40]
     477.930 [1959 c.320 §2; 1967 c.429 §41; repealed by
1985 c.759 §40]
     477.940 [1959 c.320 §3; 1967 c.429 §42; 1969 c.524 §12;
1981 c.321 §4; repealed by 1985 c.759 §40]
     477.950 [1959 c.320 §4; 1961 c.689 §7; 1965 c.428 §17;
repealed by 1969 c.524 §15]
     477.960
Collection of assessment.
(1) Insofar as applicable, the assessment levied under ORS 477.880 shall be due
and payable to the forester in like manner and procedure, including penalties
and interest, as set forth for the collection of the protection costs provided
in ORS 477.270. Wherever applicable, the assessment levied under ORS 477.880
shall be combined with the budgeted cost certified to the county under ORS
477.270 as one amount for each account listed so that the officer in charge of
the roll can extend the amounts on the assessment roll in a separate column in
a single figure.
     (2) The minimum assessment set forth in
ORS 477.295 shall be applied to the combined amount described in subsection (1)
of this section. [1959 c.320 §5; 1961 c.689 §8; 1965 c.312 §4; 1967 c.179 §1;
1967 c.429 §43; 1985 c.759 §36; 1991 c.459 §417]
     477.970
Disposition of receipts. The
receipts from the assessment levied by ORS 477.880 shall be paid into the
Oregon Forest Land Protection Fund. [1959 c.320 §6; 1961 c.689 §9; 1967 c.429 §44;
1985 c.759 §37]
PENALTIES
     477.980
Enforcement policy; rules; factors considered. The State Board of Forestry, by rule, shall
establish the enforcement policy for violations prescribed in ORS 477.993. In
determining the enforcement policy, the board may consider the following
factors:
     (1) Prior violation of the same or similar
statutes, rules or orders.
     (2) The gravity and magnitude of the
violation.
     (3) Whether the violations were repeated
or continuous.
     (4) Whether the cause of the violation was
an unavoidable accident or a willful, malicious or negligent act.
     (5) Whether the violation directly
threatened human life or caused property damage of $10,000 or more. [1993 c.697
§2; 1999 c.1051 §101]
     477.985
Enforcement procedure; disposition of fines and costs. (1) In addition to any other persons
permitted to enforce violations, the State Forestry Department and the State
Forester, or any employee specifically designated by the department or by the
State Forester, may issue citations for violations established under ORS
477.993 in the manner provided by ORS chapter 153.
     (2) All fines and court costs recovered
from violations established under ORS 477.993 shall be paid to the clerk of the
court involved. Such moneys shall be credited and distributed under ORS 137.290
and 137.295 as monetary obligations payable to the state. [1993 c.697 §3; 1999
c.1051 §102]
     477.990 [Amended by 1953 c.68 §19; subsection (5) of
1957 Replacement Part enacted as 1953 c.68 §17; subsections (11) and (12) of
1957 Replacement Part enacted as 1953 c.152 §§6,7; repealed by 1959 c.363 §14
(subsections (1) to (5) of 477.993 (1963 Replacement Part) enacted in lieu of
477.990)]
     477.992 [Repealed by 1959 c.363 §21]
     477.993
Penalties. (1) Violation of
any of the provisions of ORS 477.510, 477.515, 477.535 to 477.550, 477.565,
477.615, 477.625, 477.635 to 477.670, 477.695, 477.710, 477.720 or 477.740, or
any rule or order adopted pursuant thereto, is a violation punishable as
follows:
     (a) For the first offense, as a Class D
violation.
     (b) For the second offense, as a Class C
violation.
     (c) For the third offense, as a Class A
violation.
     (2) Multiple violations of any single
requirement of this chapter, or of any rule or order adopted pursuant thereto,
in an operation area shall be considered a single violation. However, each day
a violation continues shall be considered a separate violation.
     (3) Notwithstanding subsection (1) of this
section, violations of any of the statutes listed in subsection (1) of this
section which proximately cause human injury, loss of human life or property
damage of $10,000 or more, and unauthorized entry into a fire scene secured
under the authority of ORS 477.365 (1)(f), may be punishable as a Class A
misdemeanor.
     (4) Violations and punishments set forth
in this section and ORS 477.740 are in addition to and not in lieu of the
provisions of ORS 164.305 to 164.335. [Subsections (1) and (2) of 1963
Replacement Part and subsections (1) to (3) enacted as 1959 c.363 §15 (in lieu
of 477.990); subsection (6) of 1963 Replacement Part enacted as 1959 c.408 §6;
subsection (7) of 1963 Replacement Part enacted as 1959 c.320 §8; subsection
(8) of 1963 Replacement Part enacted as 1961 c.689 §11; subsection (5) enacted
as 1961 c.603 §15; 1965 c.253 §136; 1971 c.562 §2; 1971 c.743 §390; 1993 c.697 §8;
1995 c.605 §4; 1997 c.274 §34; 1999 c.1051 §103]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.