Or. Admin. Code § 629-045-0035 - Classification Requirements and Limitations
In classifying lands pursuant to OAR 629-045-0030:
(1) A committee may determine potential site
productivity:
(a) Directly, by tree growth
and stocking measurements made in a locale; or
(b) Indirectly, by using applicable USDA
Natural Resources Conservation Service soil survey information, USDA Forest
Service plant association guides, Oregon Department of Revenue site class maps,
or other information determined by the State Forester to be of comparable
quality.
(2) If western
juniper is present in a locale, a committee may consider western juniper to be
a tree species which is native to the locale.
(3) If trees that meet the definition of
"Christmas tree" in ORS
571.505 are present in a locale,
a committee shall consider such "Christmas trees" to be a tree species which is
native to the locale.
(4) A
committee may not consider the existence of structures, improvements, or
clearings, when making classification decisions.
(5) A committee may not consider the
existence of city limits, urban growth boundaries, zoning, or the absence or
presence of an organized structural fire protection provider, when making
classification decisions.
(6)
Notwithstanding the requirements of OAR
629-045-0025 and
629-045-0030, if lands are
actively managed for an agricultural purpose, such as by irrigation, plowing,
or other practices that result in a substantially reduced likelihood of
wildfire spread across the lands, such that the lands do not meet the
definition of "forestland," a committee is not required to classify such
lands.
Notes
Stat. Auth.: ORS 526.041, Sec. 11, Ch. 69 OL 2009
Stats. Implemented: ORS 477.205, 477.230, 526.305 - 526.370
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