Hearing References: (Hearing locations listed at the bottom of this page)
December Updated Notice of Proposed Rulemaking Hearing
October Updated Notice of Proposed Rulemaking Hearing
September Notice of Proposed Rulemaking Hearing
Statement of Need and Fiscal Impact
SSBT Vegetation Prescription Tables
Department Recommendations for the Salmon Steelhead and Bull Trout Riparian Rulemaking
Housekeeping Adjustments directly related to Riparian Rulemaking 2016-2017
Division 600 Division 635
Division 640 Division 642
Streamside, or riparian, buffer rules ensure areas along streams are shaded and provide a blueprint for where to leave trees during a timber harvest. Existing since the 1980s, these rules were revised in the 1990s to further protect water quality. In 2002, through the Ripstream Analysis, the Oregon Department of Forestry and Department of Environmental Quality analyzed Forest Practices Act streamside shade buffer rules to assess alignment with the federal Clean Water Act. The research showed that following FPA rules didn’t meet the Protecting Cold Water standard, which directs that human activity should not raise stream temperature more than 0.5 degrees Fahrenheit where salmon, steelhead, and bull trout are present.
As the board analyzed the current rules, it also recognized successes, including:
•$100 million voluntarily invested to restore streams and salmon habitat through Oregon’s Plan for Salmon & Watersheds
•Stream water quality rated 65 percent good or excellent
•Some of the best Coho rearing habitat on private forestlands
While most everyone agreed the decision was not easy, the board reviewed and weighed the multiple proposals’ merits and adopted a policy believed to provide the least-burdensome impact to landowners while also meeting the Protecting Cold Water standard.
In 2012, the Board of Forestry (Board) directed the Oregon Department of Forestry (ODF) to begin the rule analysis process that could lead to revision of the riparian protection standards to increase the maintenance and promotion of shade on small and medium fish streams. This decision was based on ODF monitoring results that showed rules falling short of the protecting cold water (PCW) criterion, a water quality temperature standard adopted by the Environmental Quality Commission (OAR 340-041-0028(11)).
In November 2015, the Board voted to adopt new stream protection rules for small and medium salmon, steelhead, or bull trout streams in the Coastal, South Coast, Interior, and Western Cascade geographic regions. The Board also determined that the adopted package met the requirements of ORS 527.765.
The Oregon Department of Forestry (ODF) has revised and added proposed rule language for additional resource protection requirements on small and medium sized Salmon, Steelhead, and/or Bull Trout (SSBT) streams located in western Oregon. The new requirements also extend up within the immediate harvest unit above the end of mapped SSBT streams, along the main stem of fish-bearing streams.
The amendment of OAR 629-600-0100 includes definitions for Salmon, Steelhead, and Bull Trout and definitions to classify Type SSBT streams. The amendment of OAR 629-635-0200 describes how to designate Type SSBT streams and SSBT use. The proposed rules also provide information on when the rules become effective and updates to beneficial use designations. OAR 629-640 has been removed and renumbered to 629-642 with the inclusion of additional SSBT stream rules. The adoption of OAR 629-642-0105 requires additional riparian overstory protection on SSBT streams. The proposed rule requires remaining trees in the riparian management area be well distributed and describes alternative prescriptions. The adoption OAR 629-642-0110 allows relief to be provided to landowners who meet applicable criteria.
Nine joint open houses and public hearings regarding this rulemaking process will be held:
November 1, 2016 4 pm – 7 pm Oregon Garden, NREC Room, Silverton
November 3, 2016 4pm – 7pm Keizer Civic Community Center, Keizer
November 9, 2016 4pm – 7pm Douglas County Fairgrounds, Roseburg
November 10, 2016 4pm – 7pm Coos History Center, Coos Bay
November, 15 2016 4pm – 7pm Florence Event Center, Florence
November, 16 2016 4pm – 7pm Clatsop Community College, Astoria
December 6, 2016 4pm – 7pm Bob Keefer Center (formerly, Willamalane Center,) Springfield
December 7, 2016 4pm – 7pm Forest Grove Community Aud., Forest Grove
January 30, 2017 4pm – 7pm Ecotrust, Suite 200, Portland
Written comments must be received by 5:00 p.m. on March 1st, 2017. Submissions should be addressed to: Private Forest SSBT Rulemaking, Oregon Department of Forestry, 2600 State Street, Oregon 97310; or send to RiparianRule@oregon.gov
or via fax (503) 945-7490.
Comments received by 5:00 p.m. on March 1st, 2017 will be compiled and incorporated into information presented to the Board of Forestry for their review. From this information and the prior work with this rulemaking process, the Board of Forestry will decide whether to approve this proposed rulemaking package. The Department is planning to present this information at the April Board of Forestry meeting. The Department will propose an effective date of July 1, 2017. The Oregon Department of Forestry requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.
Modification of Oregon Forest Practices Act Rules for Bald Eagles due to Endangered Species Act delisting.
Background information on the need for modification of the Rule(s):
The bald eagle has been removed from both the federal and Oregon endangered species lists. When a threatened or endangered species is delisted by the Oregon Fish and Wildlife Commission and/or the U.S. Fish and Wildlife Service (USFWS), the Board of Forestry must determine whether continued rules for protection of the species' resource sites are warranted. If the Board determines that continued protection rules are warranted, then rules shall be promulgated under the appropriate statutory authority. If the Board determines that continued protection rules are not warranted, existing rules must be repealed.
In July, 2016 the Board made a decision to rescind FPA rules for Bald Eagle Roosting Sites (OAR 629-665-0230) and Bald Eagle Foraging Perches (OAR 629-665-0240). The Board also decided to modify the nesting rules for the bald eagle and move the modified rules into the Species Using Sensitive Bird Nesting, Roosting and Watering Sites (OAR 629-665-0100). The Oregon Department of Forestry (ODF) will be accepting public comment on the proposed rules starting April 1, 2017 through May 15, 2017@ 5pm. One hearing will be held in each of the three Forest Practices Regions across the state for a total of 3 public hearings for the public to provide oral testimony to the agency during the public comment period. Written comments will also be accepted by US Mail, Fax or email PRIVATEFORESTS.PUBLICCOMMENT@oregon.gov from April 1, 2017 – 5pm May 15, 2017.
Eastern Oregon Region Public Hearing on Bald Eagle Rulemaking
Where: ODF Klamath Falls large Conference Room
3200 Delap Road, Klamath Falls - 3 Miles South of US Hwy 97 on Oregon 66
Date: Wednesday April 19, 2017
Time: Start @430pm
Northwest Oregon Region Public Hearing on Bald Eagle Rulemaking
Where: ODF Forest Grove Large Conference Room
801 Gales Creek Rd, Forest Grove - 1 Mile NW of Forest Grove on Oregon Hwy 8
Date: Tuesday May 2, 2017
Time: Start @430pm
Southern Oregon Region Public Hearing on Bald Eagle Rulemaking
Where: DFPA Conference Room
1758 NE Airport Road, Roseburg Oregon
Date: Thursday April 27, 2017
Time: Start @430pm
Notice of Proposed Rulemaking Hearing
Statement of Need and Fiscal Impact
Division 41 & 43
The proposed rules reflect clarification, updates and changes to fire prevention rules and requirements for industrial operations based on changing technology and logging practices. The proposal also addresses inconsistencies (and brings into alignment) with similar rules in other chapters. The proposed rules will increase requirements in some areas, while reducing requirements in other areas. Effected rules include changes to water supply and delivery, fire tools and extinguishers, Watchman (Firewatch) Service, operation area prevention and power saws.
Water Supply: Increase requirement from minimum of 500 feet of hose to "enough hose" to reach areas worked that day. The proposal also eliminates the water supply requirement when the only activity remaining is for self-loading, as long as the self-loading of trucks is done in a clear area free of flammable vegetation.
Fire tools and extinguishers: Increase requirement from 2 1/2 lb. ABC fire extinguisher to 2A:10BC (5 lb.) extinguisher to bring into alignment with OR-OSHA rules. Fire extinguishers will also be required to have a pressure gauge or other measurement of the contents of the extinguisher. The proposal would also reduce the fire tools requirement for operations of four or less workers, still requiring a shovel and fire extinguisher, but eliminating the need for a fire tools box.
Other changes include requiring that battery shut-off switches be used on equipment when the operation shuts down or moving the equipmentto an area free of flammable vegetation; and power saws for non-industrial operations must meet the same requirements as those of industrial operations.
The Agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing the negative economic impact of the rule on business.
Written comments must be received by 5:00 p.m., April 19, 2017. Submissions should be addressed to Sabrina Perez, Rules Coordinator, Oregon Department of Forestry, 2600 State Street, Salem, OR 97310, sent via email to firstname.lastname@example.org
Need for the Rule(s):
The Fire Protection Division educates forest landowners, industrial operators and forest homeowners about the value of fire hazard and risk reduction measures and how to take positive action to minimize the threat of fire. Laws and rules have been established, dating back to the inception of the agency, to prevent the ignition and spread of fire.
Advancements in technology on forest operations since rules were last reviewed over thirty years ago have brought into question the
relevance of some of the existing fire prevention rules that industrial operators are currently mandated to follow.
Documents Relied Upon, and where they are available:
Oregon Revised Statute Chapter 477 - available from the Oregon State Legislature
Industrial Fire Rules Review Committee Report available from the Oregon Department of Forestry
April 17, 2017 - 6:00 p.m. Tillamook Room, Building C, 2600 State St. Salem, OR 97310
629-041-0005, 629-043-0005, 629-043-0015, 629-043-0020, 629-043-0025,
629-043-0026, 629-043-0030, 629-043-0036 and 629-043-0040.
RENUMBER: Secure approval of new rule numbers with the Administrative Rules Unit prior to filing.
AMEND AND RENUMBER: Secure approval of new rule numbers with the Administrative Rules Unit prior to
filing. 629-043-0010 to 629-043-0023
ORS 477.001, ORS 477.013, ORS 477.565, ORS 477.615, ORS 477.625, ORS 477.640, ORS 477.645, ORS
477.650, ORS 477.655, ORS
477.665, ORS 526.016 and ORS 526.041.
ORS Chapter 47