Or. Admin. R. 629-605-0150 - Notification to the State Forester - When, Where and How
(1) The operator,
landowner or timber owner shall notify the State Forester as required by ORS
527.670(6), at
least 15 days before starting an operation.
(2) The State Forester may waive the 15 day
waiting period required in section (1) of this rule, except as prohibited in
ORS 527.670(9) for
aerial applications of chemicals and 527.670(10) for operations requiring a
written plan under 527.670(3)(a), (b) and (c). Waivers may be granted when the
State Forester has already previewed the operation site or has otherwise
determined the operation to have only minor potential for resource damage.
Waivers shall be made in writing, and on an individual notification
basis.
(3) Once an operation is
actually started following proper notification of the State Forester, the
operation may continue into the following calendar year without further
notification under 527.670(6), provided:
(a)
There are no changes to the information required on the notification;
(b) The operator gives written notice to the
State Forester of their intent to continue the operation within the first two
months of the following calendar year; and
(c) The operation actively continues within
the first six months of the following calendar year.
(4) No notification is valid after the second
calendar year, unless:
(a) The landowner or
operator submits a written request to extend the notification before the end of
the second calendar year;
(b) There
are no changes to the information submitted on the original notification;
and
(c) The State Forester approves
the request.
(5)
Notwithstanding sections (3) and (4) of this rule, nothing in this rule
relieves an operator, landowner or timber owner of the responsibility to comply
with ORS 477.625, requiring a permit to
use fire or power-driven machinery; or 321.550 requiring notification of intent
to harvest provided to the Department of Revenue through the department for tax
collection purposes.
(6) For the
purposes of ORS 527.670 a notification will be
considered received only when the information required by the State Forester is
complete and the necessary forms are on file at the department district or unit
office responsible for the area in which the operation will take place.
Notifications not properly completed shall be promptly returned to the party
submitting them. Properly completed notifications submitted to an incorrect
department office will be forwarded to the correct office.
(7) Notifications required by ORS
527.670(6)
shall be completed in detail, on forms provided by the State Forester. The
notification shall include a map to scale, or aerial photograph that is
corrected for distortion, on which the boundary of the operation unit is
clearly marked. When more than one type of operation activity or more than one
unit is submitted on a single notification, each operation unit shall be
identifiable as to the type of operation activity, by legal subdivision, and
drawn on a map to scale, aerial photograph corrected for distortion, or other
appropriate means. Operations involving harvesting in more than one county may
not be combined on the same notification because of tax collection
requirements.
(8) When operations
include the application of chemicals, properly completed notifications shall
include the common name of the chemicals to be used; the brand name, if known
at the time of notification; the application method; and, for fertilizers, the
intended application rate per acre. Public information on allowable application
rates of commonly applied forest chemicals will be maintained at department
field offices. Additional information on chemical applications shall be
collected and recorded by operators at the time of application, and made
available upon request to the State Forester, pursuant to OAR
629-620-0600.
(9) The operator,
landowner or timber owner, whichever filed the original notification, shall
contact the State Forester and report any subsequent change to information
contained in the notification. Additions to the geographic location, however,
shall require a separate notification.
Notes
Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
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