ORS § 527.704

Current through 2024 Regular Session legislation effective April 4, 2024
Section 527.704 - Program of inspections
(1) The State Forester, or a representative of the State Forester, shall conduct a program of inspections of forestland within the operating areas of operations for which notifications are filed pursuant to ORS 527.670 (6), at regular intervals, to assess compliance with ORS 527.610 to 527.770 and rules and orders adopted or issued thereunder.
(2) The inspection may occur:
(a) On or after the date on which notification is filed pursuant to ORS 527.670 (6), but not more than three years after the date on which the State Forester learns that the operation has been completed.
(b) Only at a reasonable time, absent consent or a warrant.
(3) The person conducting the inspection shall:
(a) Advise the operator, timber owner or landowner that the inspection is being made pursuant to the law and is limited in scope to the operation subject to the relevant notification.
(b) Ensure that the inspection is tailored to assessing compliance with ORS 527.610 to 527.770 and rules and orders adopted or issued thereunder.
(4) The State Forester may petition the circuit court of this state having jurisdiction over the forestland for a warrant authorizing the State Forester or a representative of the State Forester to inspect the forestland.
(5) The court may issue a warrant if:
(a) The State Forester or a representative of the State Forester has attempted inspection consistent with subsections (1) to (3) of this section and access to all or part of the forestland was actually or constructively denied; or
(b) The State Forester has reasonable cause to believe that a violation of ORS 527.610 to 527.770 or a rule or order adopted or issued thereunder has occurred.

ORS 527.704

Added by 2022 Ch. 33, § 43

527.704 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).

527.704 and 527.706 were added to and made a part of 527.610 to 527.770 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.