Or. Admin. R. 629-605-0173

Current through Register Vol. 63, No. 5, May 1, 2024

Section 629-605-0173 - Plans for an Alternate Practice

(1) Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting forest practices utilizing protection standards or methods different than those specified in rule or statute.

(2) Plans for an alternate practice must include sufficient information to allow the State Forester to assess the plan to determine that the practices described in the plan will yield results consistent with ORS 527.610 to 527.770 and administrative rules adopted thereunder.

(3) Plans for alternate practices proposed as part of a written plan required by ORS 527.670(3) shall be subject to the hearings provisions of 527.700(3) (Appeals from orders of State Forester hearings procedure; stay of operation); and shall be subject to the provisions of 527.670(10), (11) and (12) (Commencement of operations; when notice and written plan required; appeal of plan) prescribing certain waiting periods and procedures.

(4) An operator must comply with all provisions of an approved plan for an alternate practice.

(5) The following rules require an operator to submit a plan for an alternate practice and obtain approval from the State Forester of the plan before starting the specified practice or operation:

(a) 629-605-0100(2)(a) - Waiving or modifying the rules or statutes for a bona fide research project conducted by a federal or state agency, a college or university, or a private landowner;

(b) 629-605-0100(2)(b) - Waiving or modifying a specific practice when doing so will result in less environmental damage than if the practice is applied;

(c) 629-605-0100(2)(c) - Waiving or modifying a specific practice when doing so will improve soil, water quality, fish habitat, or wildlife habitat;

(d) 629-605-0100(2)(d) - Waiving or modifying rules to provide for public safety or to accomplish a land use change;

(e) 629-605-0100(4) - Waiving or modifying rules for resource sites when a county has an adopted program under OAR 660-016-0005 and OAR 660-016-0010 that has evaluated the resource sites;

(f) 629-605-0173(1) - Conducting forest practices utilizing protection standards or methods different than those specified in rule or statute;

(g) 629-605-0175(2) - 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;

(h) 629-605-0175(7) - Waiving the harvest type 3 acreage limitations for conversions or disasters described in ORS 527.740(4);

(i) 629-605-0180(3) - Describing reasonable measures to resolve conflicts between an operation and protection of a resource site requiring a written plan under OAR 629-605-0170(5)(a) or (d);

(j) 629-605-0500 - Modifying the protection requirements for streams, lakes, wetlands and riparian management areas for reasons of forest health or because of hazards to public safety or property;

(k) 629-610-0020(3) - Waiving or modifying the reforestation requirements following a stand improvement operation where the residual stand conditions will result in enhanced long-term tree growth;

(l) 629-610-0020(10) - Modifying or waiving reforestation stocking levels if the purposes of the reforestation rules will be achieved or for a research project conducted by a public agency or educational institution;

(m) 629-610-0030(3) - Utilizing natural reforestation methods when an operation results in a reforestation requirement;

(n) 629-610-0040(3) - Extending the time allowed for reforestation when natural reforestation methods are utilized;

(o) 629-610-0050(2) - Counting hardwoods to meet more than 20% of the applicable stocking standards when an operation results in a reforestation requirement;

(p) 629-610-0060(1) - Counting non-native tree species to meet the applicable stocking standards when an operation results in a reforestation requirement;

(q) 629-610-0070(1) - Suspending the reforestation rules for the salvage or conversion of low value forest stands when participating in a forest incentive program;

(r) 629-610-0090(1) - Exempting the reforestation requirements for the purpose of developing forestland for a use that is not compatible with the maintenance of forest tree cover;

(s) 629-610-0100(5) - Waiving or modifying the reforestation requirements for the purposes of establishing a wildlife food plot.

(t) 629-615-0300(5) - Modifying the protection requirements for riparian areas, aquatic areas and wetlands when the need for prescribed burning outweighs the benefits of protecting components required to be left;

(u) 629-620-0400(7)(d) - Modifying the protection requirements for aerial application of fungicides or nonbiological insecticides;

(v) 629-625-0320(3) - Modifying the culvert sizing requirements of 629-625-320(2)(a) to reduce the height of fills where roads cross wide flood plains;

(w) 629-643-0100(8) - Modifying the vegetation retention requirements in the riparian management area along Type F and Type SSBT streams in Western Oregon to allow the removal of trees upslope of roads which pose a safety hazard;

(x) 629-643-0105(10) - Modifying the vegetation retention requirements in the riparian management area along Type N streams in Western Oregon to allow the removal of trees upslope of roads which pose a safety hazard;

(y) 629-643-0120(8) - Modifying the vegetation retention requirements in the riparian management area along Type F and Type SSBT streams in Eastern Oregon to allow the removal of trees upslope of roads which pose a safety hazard;

(z) 629-643-0125(8) - Modifying the vegetation retention requirements in the riparian management are along Type N streams in Eastern Oregon to allow the removal of trees upslope of roads which pose a safety hazard;

(aa) 629-643-0400(3) - Utilizing site specific vegetation retention prescriptions for streams and riparian management areas;

(bb) 629-645-0020(1) - Utilizing site specific vegetation retention prescriptions for significant wetlands;

(cc) 629-645-0050(3) - Modifying the vegetation retention requirements for significant wetlands for reasons of forest health;

(dd) 629-650-0040(3) - Modifying the vegetation retention requirements for lakes for reasons of forest health;

(ee) 629-665-0020(1)(b)(C) - Structural or temporal exceptions when proposed forest practices conflict with a resource site;

(ff) 629-665-0110(3) - Structural replacement of an osprey site;

(gg) 629-665-0110(4) - Temporal exceptions near an osprey site;

(hh) 629-665-0120(3) - Structural exceptions of a great blue heron site;

(ii) 629-665-0120(5) - Temporal exceptions near a great blue heron site.

Or. Admin. R. 629-605-0173

DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06; DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06; DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13; DOF 1-2017, f. 6-9-17, cert. ef. 7/1/2017; DOF 1-2020, amend filed 08/12/2020, effective 9/1/2020; DOF 14-2023, amend filed 07/01/2023, effective 7/1/2023; DOF 12-2024, minor correction filed 01/04/2024, effective 1/4/2024

Statutory/Other Authority: ORS 527.710, 527.630(3), 527.714(1), 526.016(4) & 527.678(3)(a)

Statutes/Other Implemented: ORS 527.670(10)-(12), 527.700(2), (5), (6), (8) & (9)