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Enforcement

The Forest Practices Act (FPA) is enforced through a civil penalty program. This program is focused on preventing and correcting damage to Oregon’s forest resources. Civil penalties are used to discourage operators, landowners, and timber owners from committing violations that could result in resource damage.

Oregon Department of Forestry stewardship foresters are responsible for administering FPA rules and monitoring forest operations on state and private forestlands. If a stewardship forester discovers someone has not followed the forest practice rule and damage has occurred, or there is not enough time to correct a situation before damage occurs, a citation will be issued. The citation will be accompanied by an order to cease and repair resource damage, if necessary and feasible.

After an ODF stewardship forester issues a citation with orders to cease further violation and repair damage, violator and ODF, may discuss the possibility of doing additional repair work or completing a mitigation project. The possibility of revising operational procedures to prevent future problems may also be discussed.

If an agreement is reached, a "consent order" will be prepared. A consent order is a binding document indicating the commitment to perform mitigation. A consent order also waives current appeal rights. When the person meets the terms of the order, no additional penalty is assessed. If the violator does not enter into a consent order and the deadline for completing repairs has passed, a civil penalty will be assessed.