Note: This rule applies to all operations for which a notification is filed under ORS 527.670(6) on or after January 1, 2024 or a notification filed prior to January 1, 2024 if the operation is not completed on or before December 31, 2023. Rules that relate to fish streams apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023.

1. (1) The purpose of this rule is to respond to situations where an operator or landowner has failed to complete repairs ordered by the State Forester to correct or mitigate damages resulting from a violation of forest practice rules, or has failed to pay civil penalties or failed to obtain financial assurance as required by section 45(6), chapter 33, Oregon Laws 2022 and OAR 629-670-0225.

2. (2) If a final order directing a landowner or an operator to make reasonable efforts to repair damage or correct an unsatisfactory condition issued under ORS 527.680(2)(b) has not been complied with within the time specified by the order, the State Forester may issue an additional order that prohibits the landowner or operator from conducting any new operations on any forestland in Oregon until:

   1. (a) The repairs are completed or the unsatisfactory condition is corrected to the satisfaction of the State Forester; or
   2. (b) The order to prohibit conducting new operations has been revoked or modified following an appeal under the procedures of ORS 527.700.

3. (3) If a final order issued to a landowner or an operator under ORS 527.687 imposing civil penalties has not been complied with within the time specified by the order, the State Forester may issue an additional order that prohibits the landowner or operator from conducting any new operations on any forestland in Oregon until:

   1. (a) The civil penalty payment is received by the State Forester; or
   2. (b) The order to prohibit conducting new operations has been revoked or modified following an appeal under the procedures of ORS 527.700.
4. (4) If an operator, landowner, or timber owner fails to obtain and submit a required financial assurance to the State Forester as required in section 45(6), chapter 33, Oregon Laws 2022 and OAR 629-670-0225 before beginning the operation, the State Forester may issue an additional order that prohibits the landowner or operator from conducting any new operations on any forestland in Oregon until a financial assurance is filed with the State Forester as required in OAR 629-670-0225.
5. (5) The intent of an order issued under the provisions of section (2) or section (3) prohibiting a landowner or operator from conducting new operations is to compel timely compliance by the operator with either an order to repair damage or correct an unsatisfactory condition or a final order requiring payment of a civil penalty. Orders may be issued in addition to any other remedy available to the State Forester under statute or rule to compel compliance. Orders may be issued when, in the opinion of the State Forester, the other available remedies would likely be less effective in compelling compliance in a timely manner.
6. (6) For the purpose of this rule, "new operation" means any operation requiring notification to the State Forester under the provisions of OAR 629-605-0140 and 629-605-0150 for which a notification has not been received by the State Forester, or, if a notification has been received, operation activity has not started before an order prohibiting new operations is issued under sections (2) or (3) of this rule to the landowner or operator.

Statutory/Other Authority

ORS 527.710, 526.016 & Section 2(1), Chapter 33, Oregon Laws 2022

Statutes/Other Implemented

ORS 527.680

History

DOF 5-2022, amend filed 11/09/2022, effective 07/01/2023
DOF 7-2002, f. & cert. ef. 7-1-02
DOF 7-1998, f. 3-31-98, cert. ef. 5-1-98