1. (1) The penalty shall be applied for each violation occurring.
2. (2) The penalty shall be assessed against the owner of the timber at the time the return is filed.
3. (3) No violation occurs if the volume cut is less than 5000 board feet.

4. (4) A violation occurs if separate notice is not given for cutting operations on private lands when:

   1. (a) The operations are on noncontiguous parcels under the same ownership or;
   2. (b) The operations are on parcels under different ownership or;
   3. (c) The operations are greater than one mile apart regardless of ownership or;
   4. (d) The operations are conducted by different loggers.
5. (5) Each sale harvested from public lands shall be considered a single cutting operation.
6. (6) The department shall not impose a penalty under this section without first having notified an owner by letter, sent to the most current known address, of a violation. Subsequent violations occurring after the date the notice has been sent by the department will be subject to the penalty provided under this section.
7. (7) The penalty provided under this section shall first apply to violations occurring on or after January 1, 1990.

Statutory/Other Authority

ORS 305.100

Statutes/Other Implemented

ORS 321.550

History

Renumbered from 150-321.550(3)(a), REV 70-2016, f. 8-15-16, cert. ef. 9-1-16
RD 9-1989, f. 12-18-89, cert. ef. 12-31-89