Protection practices for sites requiring written plans under OAR 629-605-0170(5)(a) or (d) shall be determined for each site as follows:

1. (1) The State Forester shall notify the operator and landowner of the presence of a site requiring a written plan, and request their input into the decision making process.
2. (2) The State Forester shall, when practical, inspect the proposed operation with the landowner or landowner's representative, the operator, and the appropriate representative of the Department of Fish and Wildlife. The State Forester shall then determine if the proposed forest practice is in conflict with the protection of the sensitive resource site.
3. (3) If planned forest practices are determined to conflict with protection of the sensitive resource site, the written plan must describe reasonable measures sufficient to resolve the conflict in favor of the resource site. Reasonable measures to resolve the conflict in favor of the resource site may include but are not limited to preparing and implementing a habitat management plan, obtaining approval of a plan for an alternate practice, limiting the timing of forest practices, redesigning the proposed practices in favor of site protection and excluding the forest activities outright.
4. (4) If planned forest practices are determined not to conflict with protection of the sensitive resource site, the written plan shall describe how the operation will be conducted in compliance with existing forest practice rules. No additional protection measures shall be required.

Statutory/Other Authority

ORS 527.710, 526.016(4), 527.714 & 527.715

Statutes/Other Implemented

ORS 527.750(5), 527.765, 527.710(3)(a)(D) & 527.670(8)

History

DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0118
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 4-1988, f. 7-27-88, cert. ef. 9-1-88