Oregon Chapter 477
Chapter 477 — Fire Protection of Forests and VegetationDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 477 —
Fire Protection of Forests and Vegetation
2007 EDITION
FIRE PROTECTION OF FORESTS & VEGETATION
PROTECTION FROM FIRE
GENERAL PROVISIONS
477.001 Definitions
477.005 Policy
477.009 Investigative
authority of Attorney General for fire protection administration
SMOKE MANAGEMENT
477.013 Smoke
management plan; rules
URBAN INTERFACE FIRE PROTECTION
477.015 Definitions
477.017 Legislative
findings, policy and purpose
477.023 Fire
protection system; integration with existing laws; cooperative agreements
477.025 Classification
of lands to reflect different protection problems
477.027 Rules
for classification of lands
477.029 Local
land classification committee; members; officers; terms; rules
477.031 Duties
of committee
477.052 Hearings
on proposed classifications
477.054 Appeal
of classification decisions; procedure
477.057 State
Forester to classify land if county fails to act
477.059 Obligation
of landowner to comply with standards; rules; certification by landowner;
penalty for failure to comply
477.060 Considerations
in determining cost of protection; special or additional costs
477.061 Short
title
HAZARD ABATEMENT
477.062 Inadequately
protected forestland declared nuisance; notice to protect; work at expense of
owner; collection of amount expended
FIRE ABATEMENT
477.064 Uncontrolled
fire declared nuisance
477.066 Duty
of owner and operator to abate fire; abatement by authorities
477.067 Notice
of fire
477.068 Liability
for cost of abatement; interest; lien; foreclosure; attorney fees
477.069 Negligence
in origin and in failure to control fire may be united in one complaint
477.085 Liability
for cost of protecting land within a forest protection district
477.090 Civil
liability; damages
477.095 Applicability
of ORS 477.068, 477.085 and 477.090
477.100 Ability
of owner to suppress fire; limitation
477.120 Liability
of owner or operator
477.125 Liability
of forest protective associations, rangeland protection associations and public
bodies; limitations
477.175 Definition
of “all possible aid” for agreement
477.180 Ratification
of amendment to agreement; withdrawal if Legislative Assembly fails to ratify
amendment
477.185 Use
of local fire protection resources
477.190 Authority
of Governor to carry out agreement
477.195 Ratification
of Northwest Wildland Fire Protection Agreement
477.200 Northwest
Wildland Fire Protection Agreement
FOREST PROTECTION DISTRICTS
477.205 Definitions
for ORS 477.205 to 477.281
477.210 Duty
of owner to protect forestland; forester’s duty to provide protection upon
noncompliance
477.220 Lands
not provided protection; lands not included within ORS 477.205 to 477.281
477.225 Establishment
and change of forest protection districts; rules
477.230 Basis
for computing cost of protection provided by forester; costs to be in
accordance with budget
477.232 Costs
in excess of budget; amounts not expended
477.235 Forester
to prepare tentative budget estimates for districts
477.240 Advisory
and guidance committees
477.245 Owners
entitled to be heard on budget matters; public budget meetings to be held in
district
477.250 Notice
of budget meeting; notice of proposed assessment
477.255 Holding
of budget meeting; revision and submission of budget for final approval
477.260 Appeal
to board
477.265 Board
to deal with budgets annually
477.270 Budgeted
cost of forester to be lien; collection; deposit of amounts collected
477.277 Additional
assessment to maintain unencumbered balance of Oregon Forest Land Protection
Fund
477.281 Limitation
on obligation of landowner for fire protection
477.295 Minimum
assessment under ORS 477.270; combining lots; fees; rules
477.300 Use
of funds in State Forestry Department Account for capital outlay expenditures
of district
477.305 Forester
to enforce prohibition against littering on forestland in districts
RANGELAND
477.315 Definition
for ORS 477.315 to 477.325
477.317 Rangeland
protection associations; organization; assistance from forester
477.320 Request
of rangeland owners for protection; hearings; determination; cooperative
agreements for protection
477.325 Budget
for rangeland protection; collection of costs; disposition of receipts
FIRE WARDENS
477.355 Fire
wardens generally
477.360 Duties
of fire warden for forest protection district
477.365 Duties
and powers of wardens
COOPERATIVE CONTRACTS OR AGREEMENTS
477.406 Cooperative
contracts or agreements for forest protection or forest related activities;
negotiation
477.408 Provisions
of contract or agreement
477.410 Liability
of parties; responsibility for equipment; unemployment insurance and workers’
compensation; sovereign immunity
477.412 Disposition
and use of moneys received by forester under contract or agreement
477.415 Definitions
for ORS 477.440 to 477.460
477.440 Emergency
Fire Cost Committee; members; terms; vacancies
477.445 Distribution
of fire emergency funds by committee
477.450 Election
of committee chairperson
477.455 Meetings
of committee; committee administrator
477.460 Duties
of administrator; compensation and expenses
FIRE PREVENTION
(Fire Seasons)
477.505 State
Forester may declare fire season in district
477.510 Acts
prohibited during fire season
(Permits)
477.515 Permits
required for fires on forestlands; waiver; permit conditions; cooperative
agreements for permit administration; rules
477.520 Refusal,
suspension or revocation of permits
477.532 Regional
air quality authority’s functions limited
(Restricted Uses)
477.535 Forester
may proclaim forestland subject to restricted uses; coordination of state and
federal land restrictions
477.540 Notice
of proclamation; suspension or termination; reinstatement
477.545 Restricted
uses during closure
477.550 Violation
of restrictions; access for fire fighting permitted
(Smoke Management)
477.552 Policy
477.554 Program
establishment; content
477.556 Advisory
committee; membership; terms; staff
477.558 Functions
for advisory committee
477.560 Oregon
Forest Smoke Management Account; moneys paid to account; use
477.562 Registration
fee; rules
SNAGS; SLASHING AND OTHER DEBRIS
477.565 Felling
dead trees and snags; rules
477.580 Determination
of additional fire hazards; notice to landowner; plan for reducing hazard;
release from liability
MACHINERY REGULATIONS
(Enjoining Violations)
477.605 Enjoining
violations of ORS 477.615 and 477.645 to 477.655
477.610 Standardization
of fire-fighting equipment used to protect forestland; rules
(General Regulations)
477.615 Additional
water supply and equipment; rules
477.625 Permit
to use fire or power-driven machinery; exception; conditions; waiver of permit
477.630 Information
in permit
477.635 Authority
to issue, refuse, suspend or revoke permit
(Fire Season Regulations)
477.640 Use
and refueling of power saws
477.645 Internal
combustion engines; rules
477.650 Stationary
internal combustion engines; rules; waiver
477.655 Fire-fighting
tools and equipment at operation area and on trucks; rules
477.660 Additional
protection facilities or services at operation area
477.665 Fire
watch service; rules; waiver
477.670 When
use of fire or power-driven machinery prohibited
MISCELLANEOUS
477.695 Removal
of flammable material from railroad rights of way
477.710 Starting
of campfire or other open fire restricted; exceptions
477.720 Accidentally
setting fire to forestland; failure to prevent spread
477.740 Unlawful
use of fire
477.745 Liability
of parents for costs of suppressing fire caused by minor child
477.747 Policies
and plans for restoration of burned forestland
477.750 Oregon
Forest Land Protection Fund; source; use
477.755 Appropriation
of fund for emergency fire suppression costs; limitation on expenditures
477.760 Reserve
base of fund fixed; annual determination of excess over base; tax levies and
assessments to maintain base
477.770 Rules
relating to use of fund
477.775 Emergency
fire suppression costs insurance; considerations; payment of premium from fund
477.777 Budget
request required for fire insurance and fire suppression resources; report
ASSESSMENT FOR FIRE SUPPRESSION COSTS
477.880 Acreage
assessment; east side forestlands; certain forestlands west of
477.960 Collection
of assessment
477.970 Disposition
of receipts
PENALTIES
477.980 Enforcement
policy; rules; factors considered
477.985 Enforcement
procedure; disposition of fines and costs
477.993 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 Oregon’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 forester’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 §15