Or. Admin. R. 629-605-0175 - Harvest Type 3 Units Exceeding 120 Acres
(1) The purpose of this rule is to describe
the process that operators shall follow to gain approval of a plan for an
alternate practice for a harvest type 3 unit that is between 120 and 240 acres
in size.
(2) Operators must obtain
written approval of a plan for an alternate practice from the State Forester
before conducting operations that result in a single harvest type 3 unit, or
combinations of harvest type 3 units, that exceed the contiguous 120 acre limit
on a single ownership.
(3) For each
unit on which a harvest type 3 is proposed to exceed the contiguous 120 acre
limit, the plan for an alternate practice shall:
(a) Describe the planned harvest including,
but not limited to, the elements of a written plan listed in OAR
629-605-0170;
(b) Include a detailed map of the planned
harvest that shows the specific unit boundaries; and
(c) Demonstrate that the larger harvest size
will result in increased protection of, or reduced adverse impact on, any or
all of the resources and values protected by the Oregon Forest Practices Act.
For the purposes of this rule, resources and values includes:
(A) Air quality, water resources, soil
productivity, and fish and wildlife resources as described in ORS
527.710(2);
(B) The resource sites
needing protection as listed in ORS 527.710(3);
(C) Scenic resources within visually
sensitive corridors as provided in ORS 527.755; and
(D) Public safety related to
landslides.
(4) The State Forester shall review the
operator's compliance with the Oregon Forest Practices Act and deny approval of
the plan for an alternate practice submitted under this rule when the operator
has:
(a) Received citations for violating a
forest practice rule or statute within the past year; or
(b) Failed to comply with an order to cease
further violation, an order to repair damage, or an order to correct an
unsatisfactory condition under ORS 527.680(2).
(5) Plans for an alternate practice submitted
under this rule shall not be subject to appeal under ORS 527.700(3).
(6) Single harvest type 3 units or
combinations of harvest type 3 units may not exceed 240 contiguous acres on a
single ownership, except when the units have been reforested as described in
ORS 527.750(1)(a), (b) and (c).
(7)
The harvest type 3 acreage limitations do not apply for conversions or
disasters described in ORS 527.740(4) when the operator obtains approval from
the State Forester of a plan for an alternate practice before conducting
operations.
Notes
Stat. Auth.: ORS 527.710, 526.016(4), 527.714 & 527.715
Stats. Implemented: ORS 527.750(5), 527.765, 527.710(3)(a)(D) & 527.670(8)
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