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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF FORESTRY

 

DIVISION 28

SPECIAL FOREST PRODUCTS; WOODCUTTING PERMITTING ON STATE FOREST LANDS

629-028-0001

Definitions

The following terms and definitions shall apply to this division, unless the context otherwise requires:

(1) "Board" means the Oregon State Board of Forestry.

(2) “Department” means Oregon Department of Forestry.

(3) "Forester" means the State Forester or an authorized representative.

(4) “Harvest” means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from its physical connection or point of contact with the ground or vegetation upon which it was growing; or the place or position where it lay.

(5) “Landowner” means an individual, combination of individuals, partnership, corporation or association of whatever nature that holds an ownership interest in forestland, including the state, and any political subdivision thereof.

(6) “Landowner representative” means an employee, agent or designee of a landowner.

(7) "Permittee" means a person who possesses a valid permit.

(8) "Permit Fee" means a charge made by the Forester to recover costs of administering the woodcutting permit program.

(9) “Special Forest Products” means plants, lichens, fungi, and other materials collected from the forest for various uses including subsistence, education, research, recreation, and commercial enterprise as described in this section:

(a) Bark and needles of the Pacific yew (Taxus brevifolia);

(b) Bear grass (Xerophyllum tenas),

(c) Boughs, branches, leaves, flowers, stalks, roots, pitch, bark, stems, and other forest plant parts;

(d) Burls, fiddleback and other music wood, or other figured or decorative-grained wood;

(e) Cascara bark from the cascara tree (Rhamnus purshiana);

(f) Cedar salvage, including cedar chunks, slabs, stumps, and logs that are more than one cubic foot in volume;

(g) Conks and other fungi;

(h) Cut or picked conifer foliage, including, but not limited to wild Christmas trees, tree boughs, bark, cones, and other vegetative products not harvested in log form.

(i) Cut or picked evergreen foliage, bark, and shrubs, including, but not limited to, huckleberry, Oregon grape, rhododendron, and salal;

(j) Cut or picked juniper foliage, berries, bark, limbs, or juniper split posts, poles, pickets, stakes or rails, or other round or split products of juniper;

(k) Ferns;

(l) Firewood, meaning pieces of wood that are less than 48 inches in length, and in a form commonly used for burning in campfires, stoves or fireplaces;

(m) Herbs, nuts, seeds, and fruits;

(n) Moss, lichen, and algae;

(o) Native trees, shrubs, bulbs, and grasses, including, but not limited to trees, shrubs, bulbs, and grasses that are not nursery grown and that have been removed from the ground with roots intact;

(p) Rocks and minerals;

(q) Round or split posts, poles, pickets, stakes or rails, shakeboards, shake-bolts, shingle bolts or other round or split products of any forest tree species;

(r) Vine maple clumps and cuttings;

(s) Wildflowers, mistletoe, and cacti;

(t) Wild edible fungi, regardless of species, that have not been cultivated or propagated by artificial means;

(10) Special forest products does not mean mill ends, driftwood and artificially fabricated fireplace logs.

(11) "State Forest Lands" means those lands managed by the Forester under authority of ORS 530.010 to ORS 530.520.

(12) “Transportation” means the physical conveyance of special forest products away from a harvest or collection site and includes, but is not limited to, transportation in or on a motor vehicle or trailer, both as defined for purposes of the Oregon Vehicle Code; or a boat, barge, raft or other water vessel; or an airplane, helicopter, balloon, or other aircraft.

(13) “Woodcutting Permit" means a permit issued by the Forester to an individual authorizing permittee to gather, salvage, cut, and remove not over two cords of wood fiber from State forest lands for personal use as domestic fuel.

Stat. Auth.: ORS 526, ORS 530
Stats. Implemented: ORS 526.005, 530.010 - 530.020, 164.813 & 164.814
Hist.: FB 9-1980, f. & ef. 10-14-80; Renumbered from 629-028-0005, DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

629-028-0002

Purpose of Special Forest Products

ORS 164.813 requires the State Board of Forestry to define special forest products. Special forest products, other than timber forest products, may be harvested from private land if the landowner permits the harvester to do so. The list of special forest products may be modified by following criteria in OAR 629-028-0004.

Stat. Auth.: ORS 164.813
Stats. Implemented: ORS 164.813
Hist.: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

629-028-0003

Special Forest Products Permission; Permit by Landowner; Forms

(1) Written permission is required and provided by the landowner, or landowner representative, to a person harvesting special forest products. Written permission must follow the requirements of ORS 164.813. The person harvesting special forest products must have in their possession a written permit from the owner of the land from which the firewood is cut or the special forest products taken.

(2) Any fees associated with permission to harvest or remove special forest products are determined by the landowner.

(3) Landowners, or their representatives, may use the department-provided forms. All permits shall conform to ORS 164.813 requirements.

(4) Records pertaining to the selling, buying and transporting of special forest products shall be made available upon request to any peace officer as defined in ORS 133.005.

Stat. Auth.: ORS 164.813, 164.814, 164.845 & 164.855
Stats. Implemented: ORS 164.813 & 164.814
Hist.: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

629-028-0004

Process for Adding, Removing or Modifying Special Forest Products from the Definition of Special Forest Products

(1) The department, a person, an organization or other agency may propose to add, remove or modify an item from the definition of special forest products.

(2) The best information available needs to support the request to add, remove or modify an item from the definition of special forest products, including:

(a) The need to add, remove or modify an item; and

(b) A description of the economic value and market for the item to be added; or

(c) An evaluation of how an item contained in the definition of special forest products is no longer considered useful or valuable and needs to be removed; or

(d) A description of the need to modify an item or description of a special forest product.

(3) The Board shall consider the request and accept, reject or modify this information submitted under section (2) of this rule. Based on the information provided, the Board shall add the item, remove the item, or modify the item contained in the definition of special forest products.

Stat. Auth.: ORS 164.813
Stats. Implemented: ORS 164.813
Hist.: DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

629-028-0005 [Renumbered to 629-028-0001]

629-028-0010

Purpose of Woodcutting Permitting on State Forest Lands

As set forth in ORS 530.050 the Forester in exercising legal authority for the management of State forest lands shall manage the land to secure the greatest permanent value to the State. The Forester, in the management, protection, utilization, and conservation of the lands may, in addition to selling forest products from the lands, permit the use of the lands for other purposes not detrimental to the State. The Board and the Forester have determined that it is in the interest of the State to permit the people of the State to utilize wood fiber that has a marginal economic or commercial value as firewood.

Stat. Auth.: ORS 530
Stats. Implemented: ORS 530.050 & 530.500
Hist.: FB 9-1980, f. & ef. 10-14-80; DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

629-028-0015

Permit Fee Associated with Woodcutting Permits on State Forest Lands

The Forester intends to issue woodcutting permits, and when necessary, to charge a permit fee. Such fee does not constitute a price for sale of forest products, but may be made in an amount sufficient to enable the Forester to recover costs of developing woodcutting areas, issuing permits, and supervising and administering the woodcutting permit program. If a fee is necessary, it shall be a standard rate, used statewide, and established annually by the Forester.

Stat. Auth.: ORS 530
Stats. Implemented: ORS 530.110, 530.115 & 530.500
Hist.: FB 9-1980, f. & ef. 10-14-80; DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

629-028-0020

Criteria for Fee Charge; State Forest Land Woodcutting Permits

(1) In determining when to charge a permit fee, and the amount of such fee, the Forester shall consider the following:

(a) The amount of demand for woodcutting permits in local areas or districts;

(b) The amount of wood available for cutting and any costs incurred in making it accessible for permit use, such as yarding, bunching, posting, marking, and road improvement or maintenance;

(c) The possible impact of administration of the woodcutting permit program upon the accomplishment of other activities necessary to the management of the lands.

(2) If any of the above criteria or combination of criteria under the free permit system cause significant impact in the administration of general State forest land programs, the Forester may implement the fee permit system in a district or area.

Stat. Auth.: ORS 530
Stats. Implemented: ORS 530.115 & 530.500
Hist.: FB 9-1980, f. & ef. 10-14-80; DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

629-028-0025

Requirements of Permittees of Woodcutting Permits on State Forest Lands

Each permittee shall observe the following requirements:

(1) Permittee shall have the permit in possession when cutting or removing firewood.

(2) The firewood is for personal use and permittee shall not sell, bargain, or otherwise obtain monetary or material profit from the fuelwood obtained through a permit

(3) Permittee shall perform the cutting and removal of firewood in compliance with the laws of the State of Oregon, and requirements of the Forester for the protection and conservation of the lands.

Stat. Auth.: ORS 530
Stats. Implemented: ORS 530.500
Hist.: FB 9-1980, f. & ef. 10-14-80; DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

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