1. (1) The small forestland owner shall follow this rule for small Type N streams in addition to the rules described in OAR 629-643-0130. The small forestland owner shall apply the tree retention requirements according to OAR 629-643-0141 for Western Oregon and OAR 629-643-0142 for Eastern Oregon.

   1. (a) If an area of inquiry extends beyond the small forestland owner ownership boundary and there is not a flow feature in the last 100 feet before reaching the small forestland owner’s ownership boundary, the small forestland owner shall extend the tree retention area to the shorter of:

      1. (A) The RH Max; or
      2. (B) The furthest upstream flow feature within the ownership boundary.

   2. (b) When the area of inquiry extends to the furthest upstream flow feature of the ownership boundary, the small forestland owner shall extend the R-ELZ beyond the furthest upstream flow feature within the ownership boundary to the ownership boundary, provided that prior surveys documented in the department’s reporting and notification system identify evidence of a flow feature upstream of the ownership boundary that will alter the harvest zone layout.

      1. (A) If the furthest identified upstream flow feature within the area of inquiry is below the RH Max, and flowing water that is too short to be considered a flow feature is encountered between the flow feature and the RH Max, the operator shall retain all trees within 35 feet of the flowing water; and
      2. (B) The operator shall extend the R-ELZ from the furthest upstream flow feature within the area of inquiry to the tree retention area surrounding the flowing water.

2. (2) If the small forestland owner selects the standard practice, and there is 100 feet or more of surveyed dry stream between two flow features located downstream of the RH Max in which tree retention is required, the small forestland owner:

   1. (a) May apply for a forest conservation tax credit for an amount that is half of the stumpage value of the retained tree located between the inside edge of the applicable small forestland owner minimum option distance and the edge of the stream.
   2. (b) Shall retain all trees within the zone described in (a) regardless of whether the small forestland owner utilizes the forest conservation tax credit.
3. (3) The small forestland owner shall comply with all other requirements in the standard practice.

Statutory/Other Authority

ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022

Statutes/Other Implemented

ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022

History

DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024