1. (1) Damages eligible for a claim include:

   1. (a) Economic and property damage that occurs outside of a planned burn unit;
   2. (b) Property (real and personal) damage, personal injury and death;
   3. (c) Smoke damage to real property, other than to agricultural or natural resources, and losses, physical injury, or death resulting from vehicle accidents solely caused by smoke; and
   4. (d) Recoverable suppression expenses incurred by the State Forester or forest protective association as described in ORS 477.068, and subject to the provisions in ORS 477.120.

2. (2) Damages ineligible for a claim include:

   1. (a) Smoke damage to agricultural crops or natural resources;
   2. (b) Claims for damages within the planned burn unit for trees, carbon stocks or other assets; or
   3. (c) Damages resulting from a Prescribed Fire or Cultural Burn activities not enrolled prior to burning.

Statutory/Other Authority

ORS 526.016

Statutes/Other Implemented

HB 4016 (2024)

History

DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024