Certain lands do not support sufficient minimum stocking of trees to qualify for designation as forestland. However, when the use of these lands supports desirable forestry management practices on surrounding lands to promote the state policy of encouraging forestry, they may be designated as forestland.

1. (1) Rock Pits. Forest roads, except principal exterior access roads, are recognized as forestland under ORS 308.236. Fills, ballast, bridges, culverts, drains, and surfacing are included in the definition of forest roads. Since rock is necessary to maintain or improve the usefulness of these roads, rock pits and adjacent rock storage areas are an acceptable use and are eligible for designation as forestland under the following conditions:

   1. (a) The rock pit comprises less than 5 percent of the total forestland of the owner in the area served by the pit.
   2. (b) The rock from the pit is used on land defined as forestland under ORS 321.257(2).
   3. (c) The rock produced from the pit is not commercially sold, but is used on forestland of the owner of the pit, or traded to other forestland owners in the area for in-kind products to be used at economically distant locations.
   4. (d) The forestland owner maintains appropriate records to be available at the request of the Assessor to substantiate forest management use of rock pits and other similar items.

2. (2) Easements. Some lands are encumbered by easements for road or transmission line rights-of-way which prohibit establishment of commercial forests. Such lands may be valued and assessed as forestland when:

   1. (a) Application for designation as forestland has been made.
   2. (b) The lands are adjacent to, and an integral part of, the forest property of the owner.
   3. (c) The lands would otherwise qualify for designation as forestland, if sufficient stocking of trees was permitted.
   4. (d) Not more than 20 percent of the forestland of the owner is encumbered by easements.

Statutory/Other Authority

ORS 305.100

Statutes/Other Implemented

ORS 321.358

History

Renumbered from 150-321.358(4)(b), REV 70-2016, f. 8-15-16, cert. ef. 9-1-16
Renumbered from 150-321.358(3)(b), REV 6-2003, f. & cert. ef. 12-31-03
RD 3-1996, f. 12-23-96, cert. ef. 12-31-96
RD 9-1989, f. 12-18-89, cert. ef. 12-31-89