Or. Admin. Code § 629-045-0035

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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.

Or. Admin. Code § 629-045-0035

DOF 1-2010, f. & cert. ef. 5-19-10

Stat. Auth.: ORS 526.041, Sec. 11, Ch. 69 OL 2009

Stats. Implemented: ORS 477.205, 477.230, 526.305 - 526.370