Or. Admin. R. 629-670-0105 - The Concept of Damage
(1)
Understanding the concept of damage is important when an unsatisfactory
condition results in damage, or if there is the potential for damage to
occur.
(2) Damage, as defined in
OAR 629-670-0010(2), can be characterized as an adverse disturbance of air
quality, water quality, soil productivity, aquatic habitat, wildlife habitat,
or visually sensitive corridors under ORS 527.755.
(3) The concept of damage under the Oregon
Forest Practices Act does not apply to damages to improvements such as
dwellings, barns, pastures, fences, water intake structures, or agricultural
crops.
(4) Damage to natural
resources is a difficult concept to quantify because of the changes that
naturally occur with or without human involvement.
(5) The State Forester shall determine damage
based on the degree of disturbance to the natural condition over time and
space, while considering the relative importance of the particular protected
resource, recognizing:
(a) There is a level
of natural disturbance which is both acceptable and unavoidable, such as a
certain amount of erosion from naturally exposed soils;
(b) There is a level of disturbance which
should be considered to be reasonable and necessary as a result of accepted
management practices, such as disturbance to soils and vegetation during road
construction conducted in compliance with the forest practice rules;
and
(c) There are many possible
levels of disturbance that may result from a failure to comply with the rules.
Disturbance may sometimes be very limited in extent and can be immediately
stabilized and corrected. Examples include temporary water turbidity from a
road ditch or a minor slash deposit in a Type F stream.
(6) Resource damage does not exist when the
State Forester determines:
(a) Disturbance is
at or below the reasonable and necessary management level; or
(b) Disturbance that results from rule
noncompliance is very limited in extent, over time and space, and is
immediately stabilized and corrected.
Notes
Stat. Auth.: ORS 527.710, ORS 526.016(4), ORS 527.714& ORS 527.715
Stats. Implemented: ORS 527.680, 527.683, 527.685, 527.990; ORS 183.310 -- 183.550
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