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This is a woodland scene in western Oregon
Oregon Administrative Rules
Burning Fee Rules
1/30/04
629-043-0041
 
Burning in Restricted Areas
 
Pursuant to ORS 477.013, burning on forestland within the boundaries of a forest protection district and lying within a restricted area as set forth in the plan for managing smoke, on file with the Secretary of State (OAR 629-043-0043), shall be subject to the following conditions:
 
(1) A permit to burn from the Forester shall be required for applicable prescribed burning on non-federal lands during any time of the year within the restricted area as set forth in Exhibit 2 of the above referenced plan. Applicable prescribed burning is that which is regulated by the Oregon Smoke Management Plan (OAR 629-043-0043).
 
(2) Any prescription burning on forestland assessed at Class I timber rates or on federal forest land in the restricted area subject to provisions of the Smoke Management Plan (OAR 629-043-0043) shall be subject to an annual (calendar year) non-refundable registration fee of $.50/acre and a burning fee of $5/acre for broadcast burns, underburns and pile burns, except as noted in section (3) of this rule:
(a) Any burning identified in sections (3) of this rule as being exempt from fees still must be reported in a manner consistent with other requirements of the Smoke Management Plan (OAR 629-043-0043);
 
(b) The operator, federal land manager, landowner, or timber owner shall register with the Forester all forestland that is intended to be burned at least seven days prior to the day of burning;
 
(c) The Forester may waive the seven day waiting period required in subsection (2)(b) of this rule contingent upon a burning plan or conditions of Federal prescribed fire policies having already been approved;
 
(d) In no event shall an operator, landowner, federal land manager, or timber owner burn without having registered the forestland for burning;
 
(e) Information for registering acres and recording acres burned shall be recorded on forms approved by the Forester;
 
(f) The Forester shall prepare monthly billings to collect the appropriate registration and burning fees from the operator, federal land manager, landowner or timber owner whose name is recorded on the registration form for billing purposes;
 
(g) No operator, federal land manager, landowner or timber owner shall be allowed to register additional forestland for burning if payment for previous registration or burning is more than 90 days past due.
(3)(a) Areas two acres or less in size shall not be subject to registration or burning fees, except for landing burning noted in subsection (3)(c) of this rule;
 
(b) Burning of right-of-way slashing shall not be subject to registration or burning fees;
 
(c) Landings shall not be subject to registration or burning fees, except if in the opinion of the Forester the landing debris includes a significant amount of debris from whole-tree yarding or the yarding of unmerchantable wood (YUM). If the majority of the landing debris from whole-tree yarding or YUM yarding is reduced by utilization, then the registration and burning fees shall not apply. If the fire from a landing not subject to fees spreads to other areas identified in a burn plan the total acres listed in the burn plan shall then be subject to the fees;
 
(d) Underburning shall be exempt from fees when the primary intent of the burning is for forest health reasons to:
(A) Maintain the natural vegetative species of a site; or
 
(B) Alter the vegetative species on the site to the natural vegetative species of the area; and
 
(C) When such burning is done in eastern Oregon on stands that have at least 15 trees per acre that are well-distributed over the unit and that measure at least ten inches DBH; or
 
(D) When such burning is done in western Oregon on stands that have at least 50 trees per acre that are well-distributed over the unit and that measure at least 11 inches at DBH; and
 
(E) When there are no slashing piles on the site.
(e) Fees for the burning of piled debris, including whole-tree yarded debris and YUM debris on landings, shall be assessed against the acres from which the debris was accumulated;
 
(f) Burning fees for piled burning or broadcast burning or underburning shall be assessed against the total acres within the registered area after the first time that fire is applied to the area regardless of the number of acres actually burned. Subsequent reburning in the same registered area shall not be subject to additional registration or burning fees in the same calendar year or the following calendar year;
 
(g) Areas burned as a result of escaped fires that are outside the boundaries of the registered burn area shall not be assessed fees if the area outside of the boundaries is managed as a wildfire. If the area outside of the boundaries is managed as a prescribed fire then the fee provisions in sections (2) and (3) of this rule shall apply.
[Publications: Publications referenced are available from the agency.]
 
Stat. Auth.: ORS 477.013, 477.562, 526.016, 526.041 & ORS 527.

Stats. Implemented: ORS 477.013, 477.552, 477.554, 477.556, 477.558, 477.560 & 477.562

Hist.: FB 26(Temp), f. & ef. 10-1-71 thru 1-28-72; FB 28, f. 2-14-72, ef. 7-1-72; FB 8-1986, f. & ef. 9-25-86; FB 3-1989(Temp), f. & cert. ef. 12-29-89; FB 2-1990, f. & cert. ef. 6-14-90; FB 1-1992, f. & cert. ef. 1-6-92; FB 2-1993, f. & cert. ef. 1-22-93; DOF 11-1998, f. & cert. ef. 8-13-98; DOF 1-2004, f. & cert. ef. 1-30-04

Page updated: November 27, 2007