02/08/1995 - Packet r
City of Tigard
Oregon
MEETING NOTICE
TREE TASK FORCE
FEBRUARY S, 1995 - 7:00 P.M.
TIGARD CIVIC CENTER - TOWN HALL CONFERENCE ROOM
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
ENCLOSED COPIES
• Beaverton tree ordinance
• Tualatin tree ordinance
• West Linn tree ordinance
• Forest Practice Act
• Tree and plant protection guidelines
If you have any questions, please call Dick Bewersdorff or
Carol Landsman at (503) 639-4171.
V f
e Y
T PRESERVATION OF TRSSIr AND VEGETATION
Section 260. Purpose
This ordinance was established to protect, promote and encourage the
planting of those trees deemed most valuable by the City, and to
establish procedures whereby actions involving the pruning and removal
of protected trees shall be regulated.
Section 261. Definitions
A. Tree - any woody, perennial plant, deciduous, evergreen or
coniferous, characterized by having a main stem or trunk of ten (10)
inches or more in diameter 54 inches above natural grade. In cases of
multi-stemmed or trunked trees, the diameter shall be the sum of
diameters of all individual stems or trunks. Trees of less than 10 '
inches may be considered under this ordinance section if they are
designated as historic or significant trees.
B. Vegetation - Any woody, perennial plant, deciduous,
evergreen or coniferous which is not defined as a tree.
C. Grove - A stand of three or more trees of the same species
or mix, which form a visual and biological unit.
D. Canopy - Area of the tree above ground including the trunk
and branches measured in mass or volume.
E. Root zone - Area of the ground around the base of the tree
measured from the trunk to 5 feet beyond the outer base of the
branching system.
Section 262. Regulation
It shall be unlawful for any person within any one year period to
remove or prune so as to remove over 20 percent of a tree's canopy or
disturb over 10 percent of the root zone of /any protected tree"or
vegetation except in accordance with the provisions of this ordinance.
A. The removal and/or pruning of any protected tree sa,all
require a permit.
1. The applicant shall file an application for a protected
tree removal or pruning with the Planning Department. The Department
shall ascertain whether the request is valid under the terms of this
ordinance within two working days of submission. If so, the permit
shall be processed within five working days. All permits for removal
and pruning shall be issued with the following conditions attached:
a. The protected tree shall be removed or pruned following
acceptable arboricultural standards, which standards shall be provided
to all applicants by the City at the time the permit is issued.
b. It is the responsibility of the applicant to assure
that all protected trees are removed or pruned in a manner which
ensures safety to individuals and public and private property.
Page 171
c. Such other conditions as the Planning Department shall
attach in keeping with the purpose of this ordinance. or
Section 263. Special Reyulations 4
A. The Council finds that the following types of trees and vegetation
are worthy of special regulation. Actions regarding trees and vegetation
protected by this section shall be done in accordance with the regulations
established herein.
1. Trees and vegetation within areas established as Significant
Natural Resource Areas on the Comprehensive Plan.
2. Trees determined to be Significant and/or trees determined to
be Historic.
3. Trees on undeveloped land. For the purposes of this ordinance,
undeveloped land shall mean any parcel of property of one acre or larger
which is unimproved, or parcels of one acre or larger which are partially
improved.
4. Trees specifically protected through the site and design review
and/or Planning Commission process.
B. Trees protected under this ordinance shall be protected during
development in compliance with the City's adopted soil compaction standards.
A n
C. When development is proposed within a significant grove or when
significant trees or historic trees are located within a site proposed for
development, a tree preservation plan demonstrating preservation methods to
the satisfaction of the Planning Director shall be presented to the
appropriate reviewing body. The grove, significant or historic tree shall
be preserved unless the applicant proves to the satisfaction of the
reviewing body that removal is necessary as a result of:
1. The necessity to remove trees which pose a safety hazard to
pedestrians, property or vehicular traffic or threaten to cause disruption
of public service; or which pose a safety hazard to persons or buildings.
2. The necessity to remove diseased trees or trees weakened by
age, storm, fire or other injury.
3. The necessity to observe good forestry practices according to
adopted City standards on the subject.
4. Need for access immediately around the proposed structure for
construction equipment.
5. Need for access to the building site for construction
equipment.
6. Essential grade changes. Essential grade changes are those
grade changes needed to implement standards common to standard engineering
or architectural practices.
Page 172
t
7. Surface water drainage and utility installations.
8. Location of driveways, buildings, or other permanent
improvements.
9. Compliance with other ordinances or codes.
10. Necessity to install solar energy equipment.
D. Yard Setback Adjustment. The City shall grant an adjustment to
the side, front and/or rear yard setback requirement(s) by up to 50% to
retain a tree or trees orr site that meet the definition in Section 261 (ORD
3830) . This adjustment shall not be more than necessary for the
preservation of trees on site and shall not conflict with existing
conditions, like easements, placed on the property. The following list
illustrates yard adjustments permitted under this section (ORD 3838) :
1. R-5 Zones:
a. A front yard setback may be reduced to not less than 15 feet.
b. A rear yard setback may be reduced to not less than 10 feet.
c. A side yard setback may be reduced to not less than 3 feet.
2. R-7 Zones:
a. A front yard setback may be reduced to not less than 15 feet.
b. A rear yard setback may be reduced to not less than 10 feet.
c. A side yard setback may be reduced to not less than 3 feet.
3. R-10 Zones:
a. A front yard setback may be reduced to not less than 15 feet.
b. A rear yard setback may be reduced to not less than 15 feet.
c. A side yard setback may be reduced ::o not less than 5 feet.
E. Application and Review Process. An application for an adjustment
to preserve trees shall be made in conjunction with building permit
application and shall include the location of the tree or trees to be
preserved, the size and species of the tree or trees and preservation
methods to be used during construction. The Building Official shall refer
the plan to the Planning Director who shall place conditions on the permit
that provide protection of the subject tree(s) (ORD 3838) .
Page 173
Section 264. Significant Natural Resource Areas
s
Significant Natural Resource Areas (SNRA) as contained and described by the
Comprehensive Plan are found by the City to be valuable. In conjunction
and coordination with applicable state and federal laws, trees and
vegetation within these areas need to be protected to the maximum extent
possible.
A. No person shall remove trees or vegetation from an SNRA, without
` first obtaining a permit from the City to do so. In cases where
development of the land area or parcel in question is proposed (including
proposals to alter the topography of the site) , the applicant shall follow
provisions of the Development Code and Site Development Code for
development in such areas.
B. In areas not proposed for development, an applicant who wishes to
remove vegetation or do work within the SNRA shall file an application with
the Planning Department. The application shall indicate the nature of the
work proposed and/or the reasons for removal of vegetation. The applicant
shall also submit a plan for mitigation or revegetation. The applicant
shall also submit evidence of submittal of appropriate applications to
state and federal agencies as required.
1. The Planning Director shall review the request and determine
the impact to the resource. If the permanent impact will be negligible or
minor, the Director shall approve the application. Reasonable conditions
may be attached to the approval. If the impacts are determined to be
significant, the Planning Director shall approve the permit if the
following three conditions are met:
a. The removal is necessary to prevent the spread of disease or
insects declared to be a nuisance by a government agency, qualified
arborist, or to correct or eliminate a verified natural hazard to the
property owner, surrounding properties, or community at large; and
b. The loss of value will be of temporary duration, until new
vegetation can be established, or the mitigation plan provides satisfactory
replacement of the lost vegetation and establishment of a new resource area
of equal value; and
c. The work/removal has obtained approvals of applicable state
and federal agencies, if required. Mitigation for lost vegetation is
preferred on site, or within the immediate vicinity of the subject site.
The Planning Director may approve an off-site mitigation plan if there is
no reasonable alternative and a method of guaranteeing permanent use of the
area off-site is found, such as dedication of the area to a public entity,
easement or deed restriction.
2. Notwithstanding the above, if it is determined by the Planning
Director, in consultation with the City Attorney, City Engineer of other
qualified personnel of the City that an imminent threat to the public
safety is involved, tree and vegetation removal shall be permitted without
the requirement of a mitigation plan.
r Page 174
Section 265. Historic Trees-
Historic trees are those designated by the City to be of historic
significance based upon their association with historic figures, properties
or general growth and development of the City.
A. An inventory shall be conducted of trees or groves of trees which
may qualify as historic. After drawing up a proposed list of historic
trees and groves of trees, the Historic Resource Review Committee (HRRC)
shall hold at least one public hearing of which the affected property
owners have been notified, pursuant to the procedures of Section 130. Each
property owner of a tree or trees under consideration shall be notified by
certified mail 30 days prior to any public hearing.
B. Following public hearing, the HRRC shall develop a recommended
list of historic trees and groves. The Council may adopt the recommended
list on its consent agenda or may hold a public hearing in the same manner
and form as the hearing held by the HRRC. Any affected party may request a
hearing before the City Council prior to adoption.
C. Each property owner which has one or more designated historic
trees shall be notified by first class mail of the designation within 30
days of final adoption by the Council.
D. The historic tree inventory may be amended at any time following
the procedures established for the original list, including property owner
notification. Property owners shall also be notified when the historic
tree designation is removed. Any person may initiate proceedings to
establish or remove the designation of a tree or grove as historic.
Property annexed to the City shall have an inventory made of historic and
significant trees, those trees to be added to the inventory list following
the same procedure as the original list, within six months of annexation.
E. The following activities shall require a permit before proceeding:
1. Removal. No historic tree shall be removed without first
applying for and receiving a permit to do so. The applicant for the permit
shall be the owner, or the City. The owner/applicant shall state the
justification for removal.
a. If justification for removal is based upon the health of the
tree, and a visual inspection by the Planning Department cannot establish
that the tree is dead or diseased, the applicant shall pay a fee
established by the City so that a qualified arborist may make the
determination. If it is determined by the arborist that the tree is dead
or diseased and cannot be saved, the Planning Department shall approve the
removal. If the tree is determined to be alive and/or curable of disease,
the Planning Department shall deny the permit if funds are available for
treatment of the tree.
b. If documentation is provided by the applicant establishing
that the preservation of a historic grove of trees would prevent the full
development of a site so that a loss of 5% or more of the total number of
Page 175
allowed lots or units will occur; or if the cost of the installation of
onsite utilities is increased by 5% or more per lot or unit, the reviewing
1 body shall allow the least reduction necessary in the size of the historic
grove to allow the impact of preserving the trees to be less than 5% in
lost density or increased cost.
c. If justification for removal is due to reasons other than
health of the tree, the Planning Department shall prepare a report
evaluating the need or desire to remove the tree and make a
recommendation. The report shall be forwarded to the HRRC who shall hold a
public hearing on the matter pursuant to Section 130. The decision of the
HRRC shall appear on the Council's consent agenda. The matter may be
requested for hearing by the Council by any affected party, or the Council
may decide to hold a hearing on its own motion.
d. The HRRC and Council shall approve the application if it finds
the request meets at least one of the following factors:
(1) That removal is necessary to accommodate a new improvement,
structure or remodeled structure, andmno aVEernative`exists for relocation
of the improvement on the site, or that variances to setback provisions of
the Development Code will not allow the tree to be saved or will cause
other undesirable circumstances on the site or adjacent properties.
(2) That the tree has become a nuisance by virtue of damage to
personal property or improvements, either public or private, on the subject
site or adjacent sites, or that extraordinary maintenance is required to
prevent damage to such improvements or property.
(3) That the tree has lost its significance in terms of its
original designation on the list due to damage from natural or accidental
causes, or for some other reason it can be established that it is no longer
of historic significance.
(4) That removal of the tree is necessary to accomplish other
public purposes such as installation of public utilities, street widening
and similar needs and that no alternative exists to the removal of the tree
without significantly increasing public costs or inconvenience or reducing
safety.
(5) That the tree is unsafe to the occupants of the property,
and adjacent property, or the general public.
e. If an imminent hazard exists to the public or any property
owner or occupant, the Planning Director may issue the emergency permit for
removal without a hearing before the HRRC. The removal shall be
accomplished in accordance with accepted arboricultural standards.
2. Pruning. In any period of one year, no historic tree shall
have major pruning (removal of over 20 percent of the tree's canopy of
disturbance of over 10 percent to the root system) without first applying
for and receiving a permit to do so. The Owner shall file an application
with the Planning Department and shall state the reason or the pruning or
disturbance to the root zone, the methods and degree of pruning or
Page 176
disturbance to the roots, and the time when this is planned to occur. -the
City shall develop standards for acceptable pruning methods and shall
evaluate the proposed pruning against these standards. If the plan meets
these standards, it shall be approved. If the plan does not meet these
standards, it shall be denied or modified such that it can be approved.
Appeal of a decision of the Planning Department on a pruning application
shall be carried out under the procedures of section 132.
Section 266. Significant Trees
It is the intent of this section to protect trees which are significant due
to their age, beauty, or representation of native or non-native tree
species.
A. An inventory shall be conducted of significant trees and groves
which may qualify as significant. After drawing up a proposed list of
significant trees and groves of trees, the Board of Design Review shall
hold at least one public hearing pursuant to the procedures of Section
130. Each property owner of the tree or trees under consideration shall be
notified by certified mail 30 days prior to any public hearing.
B. An individual tree shall be considered significant if the Board
finds:
1. The tree has a distinctive size, shape, or location which
warrants a significant status; or
2. The tree possesses exceptional beauty which warrants a
significant status; or
3. The tree is significant due to a functional or aesthetic
relationship to a natural resource.
C. A grove as defined in section 261 shall be considered significant
if the Board finds that:
1. The grove is relatively mature and evenly aged; and
2. The grove has a purity of species composition or is of a rare
or unusual nature; and
3. The grove is in a healthy growing condition; or
4. The grove has a crucial functional and/or aesthetic
relationship to a natural resource.
D. After the necessary hearings, the Board shall establish a
recommended list of significant trees according to the above criteria.
E. All of the other provisions pertaining to historic trees shall
also apply to significant trees except that the Board of Design Review
shall have the authority otherwise given to the HRRC.
Page 177
F. Once a designation of significant tree or grove of trees has been
placed on a site, no site development or development plans shall be
approved until a public hearing has taken place in accordance with Section
130. If the proposed action is within the jurisdiction of the Planning
Commission, the public hearing shall be before that body. If the action is
within the jurisdiction of the Board of Design Review, the hearing shall be
before that body.
G. If documentation is provided by the applicant establishing that
preservation of a significant grove of trees would prevent the full
development of a site so that a loss of 5% or more of the total number of
allowed lots or units will occur; or, if the cost of the installation of
onsite utilities is increased by five percent or more per lot or unit, the
reviewing body shall allow the least reduction necessary in the size of the
significant grove to allow the impact of preserving the trees to be less
than five percent in lost density or increased cost.
Section 267. Trees on Undeveloped Land
It is the intent of this section to regulate the removal of trees on
undeveloped land.
A. Removal of up to four trees per year on undeveloped land is
permitted unless the trees are designated as historic or significant.
B. The Board of Design Review may approve the harvesting of trees if
the following criteria can be met:
1. wooded areas associated with natural drainageways and water
areas shall be retained to preserve riparian habitat and to minimize -
erosion; and
2. wooded areas along property lines shall be retained to serve
as buffers from adjacent properties; and
3. trees shall be retained in sufficiently large areas and dense
stands so as to ensure against windthrow; or
4. the trees requested for removal are dead or diseased; the
Planning Director may request the verification of a qualified arborist, at
the applicant's expense, to make such a verification of the health of the
trees; or
5. removal of the trees is necessary to accomplish a public
purpose, such as the installation of public utilities or provision of
public streets by a public agency.
C. If such trees are designated as historic, significant, or are
within a Significant Natural Resource Area, those sections of this
ordinance dealing with removal and pruning of such trees and work in these
areas shall apply.
Page 178
Section 268. Trees Protected Through the Site and Design Review Process
Trees which have been specifically designated to remain or were required to
be planted on a site after development shall not be removed or pruned
without following the processes established under the site and design
review process of the Development Code. Pruning must be accomplished
according to the standards provided by the City. If any tree so designated
later becomes Historic or Significant, as provided by this chapter, those
sections shall supercede the site and design review process where removal
is proposed.
Section 269. Tree Loss Infraction - Assessment
A. If it is determined by the City that an infraction of this
ordinance has resulted in the loss of a protected tree, or a tree has been
pruned in violation of the adopted standards of the City, an assessment may
be levied on the developer or owner(s) of the property on which the tree or
trees are located. The amount of the assessment shall be determined in
accordance with the accepted arboricultural valuations placed on trees
based on the size and condition of the tree and the severity of the damage
to the tree. Such assessment shall be deposited in the City's Tree
Preservation Fund for future tree preservation efforts.
B. As an alternative to paying a fine based on the arboricultural
value of the lost tree or trees, the trees may be replaced with like trees
which equal the replacement value of the lost trees. The tree or trees
shall be of the same variety as those lost, or, if appropriate, may be of a
solar friendly variety as defined in Section 276 (Q) of this ordinance.
Section 270. Education and Promotion
The Council may establish public information and education programs to
further the objectives of this ordinance. At a minimum, the City shall
review its inventory and notify property owners at three year intervals by
first class mail of the existence of protected tree or trees on their
property. Included in the notification will be information as to the
regulations pertaining to these trees and suggested maintenance standards
for the tree or trees.
Section 271. Funding for Preservation
A fund shall be established by assessments collected from violations,
available City monies and contributions from the public. This fund shall
be used specifically for the preservation of designated Historic and
Significant trees."
Section 272. Effective Date
Sections 260-262, those portions of section 263 not dealing with
significant or historic trees, section 264, and sections 267-271 shall take
effect immediately upon passage in accordance with the provisions of the
Beaverton City Charter and the emergency clause included in this
ordinance. The remaining sections shall take effect when the applicable
inventories are adopted as provided herein.
Page 179
RESOURCES AND THE ENVIRONMENT ELEMENT
This element of the Plan includes natural resources, such as those associated with wildlife habitat;
environmental resources necessary for human habitation, such as water and air, and cultural
resources, a product of human habitation. Also addressed are some inherent risks in our
environment, and how to mitigate damage where development occurs in areas subject to natural
hazards. As Beaverton attracts people and investment,increased care must be taken to protect our
environment and the quality of life attributes that residents and business may seek in our community.
With vigilance to resource protection,we can minimize environmental issues that can detract or even
pose a threat to the community.
Qeaverton -sfortunate to have natural and historic resources that significantly add to the quality of
e include stream corridors,adjacent riparian areas,wetlands,and large wooded tracts,open
space,and historic sites and buildings. Under state planning guidelines,Oregonians have a special
opportunity to protect these resources.
While it is unreasonable to expect all of Beaverton's resource areas to remain unchanged,we must
be recognized that the presence of these areas contribute to our overall quality of life. The retention
of these resources maintains visual and scenic diversity,provides areas for education and passive or
active recreation, and can provide site development amenities for residents and employees alike.
An inventory of the community's natural resources have been established. Technical background
reports contain the data on specific assessment areas, a broad policy framework for resource
protection,and a decision-making process for evaluation of specific proposed methods of resource
protection. With future changes in City boundaries,the City shall rely on the Urban Planning Area
Agreement with Washington County to determine the appropriate designation for sites which have
been inventoried through the County's resource planning process. Other changes necessary to
reflect erroneous or outdated findings on a site-specific basis shall be considered and appropriately
modified through the City's Design Review process.
Environmental quality,potential hazards and energy conservation issues have received considerable
attention in the wake of widespread public awareness. Ambient noise levels and air quality are
important to Beaverton's livability. Potential hazards should be considered so that development will
not take place without sufficient safeguards. Methods to conserve energy resources should be
promoted in future development where feasible. Various state, national, regional and local
regulations are already in place regarding these matters. The City should routinely consider these
subjects as part of the development review process.
It is the intent of this Plan is to provide certainty that development can occur while providing
flexibility in meeting the intent of resource protection. For example, relaxation of development
standards may result in the protection of significant natural and cultural resources. Such standards
may include, but are not limited to: setbacks, building height, street width, location of bikepaths,
etc. However, it is not the intent that policies or regulations shall interfere with actions necessary
for nuisance abatement and/or protecting the safety, health and welfare of Beaverton's citizens. It
is the wise use of our resources, balanced with the competing needs of our community, that is the
desired product of this element.
IV-A-1
NATURAL RESOURCES
Although Beaverton has experienced rapid urbanization, we are fortunate to still have numerous
areas within the City that support a great diversity of species. Areas of wildlife habitat can be:found
in and around several ecosystems: wetlands,riparian/water courses,and wooded/forested(uplands)
areas. However,the presence of wildlife depends on the preservation of suitable habitat,e.g.water,
food,cover, and minimal (human) disruption.
In 1984, an inventory of natural resources was done to determine the quality and quantity of
Beaverton's natural resources. These areas were then evaluated as to the economic, social and
environmental consequences of protecting the natural resource or allowing conflicting uses. Areas
designated on the Plan map as Significant Natural Resources generally contain wetlands and/or
riparian-stream corridors that are important principally for their wildlife habitat values. Other areas
shown on the map contain major stands of trees,drainage swales,and other natural vegetation that
were determined to be primarily important for their aesthetic value, although many also provide
wildlife habitat of some, although relatively less, importance.
The map attempts to delineate, as clearly as possible,the appropriate boundaries of the Significant
and Important Natural Resources. However, it will usually be necessary to rely on the inventory,
field investigation and other factors to define more precise boundaries of, for example, a riparian
zone. Together these areas include the qualities desirable for resources: open space, wetlands,
ecologically and scientifically significant natural areas and scenic sites. We rely heavily on these
areas to insure open space; protect wetlands and scenic sites; and promote a healthy and visually
attractive environment.
The Significant Natural Resource Overlay Zone is intended to balance economic interests and
resource protection by permitting development in these areas to the extent these features are
incorporated into development as assets and any loss mitigated To accomplish this,the conununity
also recognizes that flexibility is often needed and supports relaxation of appropriate development
standards to attain resource protection.
Significant Natural Resource Areas contain what are considered the best combination of components
for sustaining a variety of wildlife. The important features are identified in the Inventory Findings
for each site. It is the City's intent, through this zone, to recognize that development normally
permitted in the underlying zoning district is permissible to the extent that the wildlife components
are addressed in the development process, the specific activities of a use are compatible, wildlife
habitat losses are mitigated through replacement elsewhere,and sensitive construction techniques
are utilized. Areas of wildlife habitat are important to our community because they add to our overall
quality of life by permitting observation and appreciation of our stewardship responsibilities in close
proximity to our homes and workplaces. While these resources exist elsewhere in Oregon,they are
important remnants of the natural environment that can be retained close to our everyday activities.
In addition,these areas are important for other purposes,such as the role wetland and riparian areas
play in water quality and flood protection.
IV-B-1
Important Natural Resource Areas contain a variety of resources important to the community
primarily for their aesthetic value and to some degree their wildlife value. These areas are mapped
to provide notice to owners,the City and the general public of their value and the existence of data
and information in the Inventory which could be of assistance in determining types or methods of
development. A specific policy is provided for Beaverton Creek. In other areas,development shall
be guided by the general policies. The overall intent is to allow full development of these areas and
to encourage the maintenance or improvement of the resources present to enhance the overall
development. While the Other Important areas shown do not have the same high wildlife habitat
value,the intent of the policies is to encourage the incorporation,enhancement or improvement of
these natural features in order to maintain and improve either the aesthetics or wildlife habitat of the
community.
There is no question that scenic resources contribute to the attractiveness and livability of any city.
Several sites and views were identified as part of the Natural Resources Inventory and should be
preserved where possible.
THE FOLLOWING SETS FORTH THE CITY'S OBJECTIVES AND POLICIES REGARDING
NATURAL RESOURCES:
OBJECTIVES
1. Provide habitats for wildlife in our urban area.
2. Retain the visual and scenic diversity of our community.
3. Provide areas for educational, and passive and active recreation.
4. Provide site development amenities for residents and employees alike.
5. Minimize potential water pollution,flood damage and other hazards through natural resource
protection.
POLICIES
1. Riparian zones,stream corridors,or wetlands,shall be protected for their wildlife habitat and
other values. Development plans for these areas shall treat these components as assets and
enhance or mitigate the wildlife habitat and other values.
2. For properties within the Significant Natural Resources Overlay Zone, the City should
consider relaxation of its development standards where necessary to accomplish protection of
riparian and wetland areas. Such standards include,but are not limited to: setbacks,building
height,street width,location of bikepaths,etc. Where the combination of riparian, wetlands
and other requirements would result in an unbuildable lot,such a situation shall be considered
grounds for granting of a hardship variance. In granting such a variance,preference shall be
given to reducing the nonriparian or nonwetland requirements.
IV-B-2
3. The City shall rely on its design review process as the mechanism to balance the needs of
development with natural resource protection as part of the development process. Staff will
provide preapplication conferences to developers of property to provide available information
and to discuss alternative methods of development acceptable to meet the adopted policies and
ordinance standards.
4. Development within Significant Natural Resource Overlay zones shall be consistent with the
relevant regulations or guidelines of the U.S.Fish and Wildlife Service,Oregon Department
of Fish and Wildlife,U.S.Army Corps of Engineers and the Oregon Division of State Lands
as well as local guidelines and regulations.
5. Specific uses of Significant Natural Resources shall be evaluated carefully and those uses or
activities which are complementary, and not incompatible with wildlife values, shall be
permitted. This is not intended to prohibit a land use permitted by the underlying zoning
district but only to regulate the specific aspects of that use such a parking, detention or
recreation.
6. Alteration or improvement of Significant Natural Resource areas may be permitted so long a
potential losses are mitigated and best management practices are employed to minimize
permanent damage.
7. Roads and utilities which must be located within, or traverse through, a Significant Natural
Resource Area shall be carefully planned and aligned so as to minimize loss and disruption.
A rehabilitation or restoration plan shall be necessary component. The City should allow
variations from standard street sections in these areas.
8. Future park acquisition and development in areas designated as "Significant Natural Re-
source" shall be encouraged and shall be done so as to preserve the wildlife habitat value.
9. Future development of Important Natural Resource properties adjacent to Significant Natural
Resource Zone shall incorporate a buffer of appropriate vegetation. Existing mature
vegetation may be retained, supplemented, or replaced as may be appropriate to the
development and the need to protect the adjacent wildlife habitat. This should be accom-
plished through review of design considerations by the Board of Design Review.
10. In areas that are identified primarily for their aesthetic value development should be
encouraged to use the trees, water and other natural vegetation as amenities.
11. A scenic views inventory shall be maintained and updated. Efforts should be made to mark
and preserve all scenic areas in the community.
12. Areas identified as scenic sites shall be managed according to the appropriate Significant
Natural Resources policies.
TV-B-3
13. Sites identified as scenic views should be protected as much as feasible so as to preserve the
viewing corridor. The Board of Design Review shall address preservation of these sites and
consider the scenic viewing corridor or surrounding properties when reviewing development.
14. Streams,creeks,and other water courses including a number of small drainages not identified
on the map,can be significant amenities. The City should protect the natural resource values
of these areas from damage or degradation caused intentionally or by neglect. The City should
cooperate with and assist property owners in maintaining and upgrading these areas for their
potential aesthetic, wildlife or recreational value.
15. Upland vegetation areas are particularly valuable for mature trees or shrubs and these should
be retained to the extent feasible in the development of these areas.
16. Design variances,clustering of housing units or buildings,or other flexible techniques should
be encouraged to protect other Important Natural Resources.
17. The City shall encourage the development of Beaverton Creek, Golf Creek, and Hall Creek
as an open space corridor. It would be most desirable to develop a specific plan and
development guidelines for the entire stretch of all three creeks. However,if such a plan is not
developed,individual development plans shall be reviewed through the design review process
on a case by case basis with particular attention to assuring that the creeks themselves and
adjacent properties are designed in such manner as to be an amenity to the property and
community at large. In so doing,consideration may be given to a wide range of possible uses
and design concepts,from maintaining or enhancing the creekway as a natural area to creating
an intensive urban water-related environment, depending upon the general use, needs and
intensity of development on the property and surrounding area. Specific designs must meet
the following minimum performance standards.
a. Assure that the floodway design meets local, state and federal regulations from a
hydrologic standpoint.
b. Provide a continuous bike/pedestrian facility which meets City design and construc-
tion standards.
C. Be aesthetically pleasing and functionally appropriate.
d. Be reasonably maintainable by the City or property owner,as the case may be,and safe
for use by the users or public.
e. Developers shall be encouraged to incorporate the creeks as an element of their
landscape design for individual projects. Culverting of the creeks is permissible
providing it addresses public access and the requirements of subsection (a) of this
section. The incorporation of the creeks into the development's landscape plan shall
be considered as meeting all or part of the development's landscaping requirement.
IV-B-4
MINERAL AND AGGREGATE RESOURCES
Located north of Brockman on the west side of Murray Blvd. is the Progress Quarry at Sexton
Mountain. In 1978 the State Department of Geology and Mineral Industries indicated that the
potential resource extraction to be about 100,000 cubic yards of basalt aggregate.
While the quarry activities are certainly a scar on the landscape,aggregate resources are necessary
for road building and concrete. As a result,the protection of this site for quarry operation is needed
as long as the material is economically feasible to extract.
THE FOLLOWING SETS FORTH THE CITY'S POLICY REGARDING MINERAL AND
AGGREGATE RESOURCES:
POLICY
1. Future mining of the Sexton Mountain Quarry shall be recognized as necessary activity as long
as the material is economically feasible to extract.
IV-c-1
AIR QUALITY
The Willamette Valley has a high potential for air pollution accumulation because of its topography,
atmospheric conditions, and expected population growth. Within that larger airshed,the Tualatin
Valley's air flow normally eliminates any accumulated air pollution. However, left unchecked,
growth may adversely affect the air quality in Beaverton.
Beaverton lies within the Portland-Vancouver Interstate Air Quality Maintenance Area (AQMA)
and must comply with state and federal standards for allowable pollutant concentrations. This area
is described in the State Implementation Plan (SIP) for air quality, published jointly by the
Department of Environmental Quality and the Metropolitan Service District (METRO) in April,
1979. The SIP shows that the entire AQMA is in nonattainment for meeting the revised federal
ambient air quality standards for ozone and is predicted to remain in nonattainment until at least 1987
unless additional control measures are undertaken. METRO and DEQ have developed a regional
control strategy to bring the metropolitan area into attainment. The city will cooperate with these
agencies in the quest to meet attainment. Beaverton is in compliance with carbon monoxide
standards as of 1987.
The primary sources of air pollution are industry and transportation. In determining the air quality
impact of these current and future sources,several factors are considered: (1)existing problem areas;
(2)indirect source(facilities or buildings)attracting automobiles in sufficient quantities to increase
air pollution; (3)the concentration of automobiles(as determined by traffic volume,speed,number
of stops, and number of trips); and (4) emission rates. Air pollution is measured in terms of
pollutants: total suspension particles (TSP), CO, Pb, S02 and 03. The U.S. Environmental
Protection Agency and the Oregon Department of Environmental Quality have set ambient air
quality standards to measure these pollutants.
DEQ currently reviews the impact of new businesses through their Indirect Source Regulations.
This review has required permits since January 1975 for new commercial, industrial, and multi-
family construction. The applicants are responsible for providing information that determines the
air quality impact of their business utilizing the aforementioned pollutants. If the proposed facility
negatively impacts air quality, DEQ places restrictions, down-scopes or delays the development
until air quality improves either by signalizadon, street improvements or time (emissions from
newer cars, for example are lower in comparison to older cars). If the proposed facility does not
impact air quality in its section of the City,DEQ issues a permit automatically. DEQ also reviews
new sources.
THE FOLLOWING SETS FORTH THE CITY'S OBJECTIVES AND POLICIES RELATING TO
AIR QUALITY
OBJECTIVES
I. Improve and maintain the quality of air to promote maximum livability and quality of life.
2 Consider air quality to be a major component in the planning process.
IV-D-1
POLICIES
1. The community shall adopt the U.S.E.P.A. and D.E.Q. air pollution standards to ensure
consistency with all state and federal laws and regulations.
2. Developers should be encouraged to provide preferential carpool parking,bicycle storage,bus
stop shelters, and landscaping in place of some parking spaces.
3. The transit system and land use arrangement should be designed to encourage the maximum
use of transit for trips into the Beaverton Central Business District.
IV-D-2
ENERGY
Energy has two aspects: resources and conservation. Energy is generated from resources such as
natural gas, oil, coal, geothermal, uranium,water, sunshine, wind and municipal waste. The City
does not contain any known usable fossil fuels,windmills,waterways with dam potential or waste
conversion plants. Solar appears to be the only viable energy resource in the City. To provide
citizens with the opportunity to utilize this resource, Beaverton, in conjunction with twenty-one
other jurisdictions within the Portland-Vancouver Metropolitan area, participated in the develop-
ment of a uniform solar access protection ordinance.
In order to reduce the consumption of energy resources, the community should assist in the
conservation by promoting efficiencies related to transportation methods and systems, land use
patterns, assignment of density, various codes and regulations,recycling and education.
THE FOLLOWING SETS FORTH THE CITY'S OBJECTIVES, POLICIES AND RECOM-
MENDED PROGRAMS REGARDING ENERGY:
OBJECTIVES
1. Continually explore ways for using, protecting, and conserving energy resources.
2. Encourage and protect the direct use of energy from the sun or any other renewable energy
resource.
POLICIES
1. Energy conservation plans should utilize the existing and potential capacity of renewable
energy resources to yield useful energy output.
2. Land use planning should consider analysis methods and implementation measures that will
assure achievement of maximum efficiency in energy utilization.
3. Land use planning should consider increasing density gradients along high capacity transpor-
tation corridors to achieve greater energy efficiency.
4. Clustering or grouping of commercial establishments into malls and increasing the density for
residential areas should be maintained to reduce energy and resource consumption.
5. Encourage reduction of energy consumed by personal commuting by arrangement of land
uses and providing for options to the use of the automobile as the only means of mobility,such
as bikeways, park and ride stations, sidewalks, and dependable public transit system
6. Building requirements that pertain to density; lot size,dimension and siting; building height,
bulk and surface area should be evaluated for their material impact on energy efficiency.
IV-E-1
7. State and federal legislation that provides energy saving building practices should be
supported.
8. The City should set an energy efficient example by using conservation practices in all of their
facilities. Alternatives should be economically evaluated.
9. Traffic control equipment should be synchronized so that an orderly flow of traffic is
maintained.
10. The City should consider the passive or active use of solar energy when planning any new
construction or extensive remodeling.
11. Solar energy as a resource should be protected by requiring adjacent property owners or
persons living on the property to maintain trees and shrubs so that they don't cast shadows on
solar collectors and reflectors of solar energy systems.
12. The City recognizes the need to balance solar access with the preservation and planting of
trees,and shall encourage creative and innovative site planning in order to protect and utilize
both resources.
13. Recycling of household materials both regionally and locally is encouraged.
RECOMMENDED PROGRAMS
I. Educational programs on energy conservation should be carried out in cooperation with other
agencies.
2. Efforts should be made to inform senior citizens and low income groups of available state and
federal winterization programs.
IV-E-2
ENVIRONMENTAL HAZARDS
Development should not take place in areas dangerous to life and property without sufficient
safeguards against environmental hazards. Soil types, slopes, drainage ways, faults, etc. create
potential hazards and constraints on urban uses. In some cases,potential problems can be overcome
through design,engineering, and construction practices. In other instances,the risks involved and
the consequences to life and property require that land use designations and/or policies need to be
applied to minimize hazardous conditions.
There are factors which cause building in areas of hazard. For example, floodplain land has been
cheap. Buildings go up,and years later a major flood causes thousands of dollars of damage and loss
of life. The same principles pertain to areas susceptible to erosion, landslides and earthquakes.
It is the intent of this Plan to reduce hazards by prohibiting or regulating development of land in
hazardous areas. Information is available to locate and evaluate soil and floodplain conditions from
the Soil Conservation Service (SCS) and the Federal Emergency Management Agency (FEMA),
respectively.
THE FOLLOWING SETS FORTH THE CITY'S OBJECTIVES, POLICIES AND RECOM-
MENDED PROGRAMS REGARDING ENVIRONMENTAL HAZARDS:
OBJECTIVES
1. Develop uniform or complementary interjurisdictional floodplain development and manage-
ment programs to reduce flood hazards, protect natural resources and permit reasonable
development.
POLICIES
1. Construction shall be prohibited in the floodway. The floodway is the unobstructed portion
of the floodplain consisting of the stream channel with the deep and fast-moving water and
overbank areas capable of conveying a flood discharge. Construction in the floodways runs
the risk of severe flood damage.
2. Construction within the floodfringe should be regulated. The floodfringe is the portion of the
floodplain beyond the limit of the floodway which would be inundated by a 100-year flood.
The official map of the 100- year floodplain, as established by the Federal Emergency
Management Agency (FEMA), shall be consulted before any development in the floodplain
is permitted.
I A floodplain ordinance shall be maintained to prohibit construction in the floodway and
regulate construction in the floodfringe.
4. A program to remove hazardous obstructions and debris from floodways should be developed.
IV-F-1
5. A flood damage reduction program should be developed to protect and aid existing develop-
ment in the 100-year floodplain.
6. Floodplain are not localized problems. Entire drainage basins must be studied and handled
as a whole. Therefore,floodplain measures shall be coordinated with Washington County and
other jurisdictions to decrease damage both up and downstream.
7. Construction shall be prohibited on severe slopes within the planning area. The Soil
Conservation Service(SCS)has mapped severe slope conditions in the planning area and the
SCS criteria shall be used as an aid to determine prohibitive slopes. In these locations, open
space uses and natural vegetation should remain. Where natural vegetation is lacking,
appropriate vegetation should be planted to reduce erosion.
8. Precautions shall be made to minimize potential earthquake damage to life and property.
When state and federal standards are developed, they shall be incorporated into the City's
Building Code.
9. Proposals to alter floodplains including channelize floodways shall not only consider the
hydrologic consequences, but also the impact on the natural resources and aesthetic environ-
ment and the ability to mitigate any negative impacts.
10. Recognizing that floodplains are basin-wide resources,the City shall work cooperatively with
other jurisdictions to assure that the City actions or policies with regard to floodplain activity
do not adversely impact upstream or downstream communities.
IV-F-2
NOISE
Noise pollution is any sound that may produce an undesirable physiological or psychological effect
in an individual and that may interfere with communication, work, rest, recreation and sleep. In
recent years,environmental noise has received considerable attention. The increased mechanization
of society, openness in interior planning, and the use of light-weight building construction have
made this increased attention inevitable. A healthy acoustical environment is vital to the livability
of the City.
Sources of environmental noise may be largely classified into three types: building equipment,
transportation systems,industrial and commercial activity. Building equipment primarily includes
outdoor units such as fresh air intakes, cooling towers and condensers, fan rooms and power
transformers. Transportation systems include highway traffic and rail transit. Industrial noise is
found at industrial sites and utility sources, and also includes construction activity on our streets,
buildings, and utilities.
Noise abatement and control techniques and procedures should be adopted to deal with noise
problems and to safeguard against future encroachment. Guidelines should be established to
evaluate existing and future transportation planning, and proposed improvements found in the
capital improvements program. Proper design which is appropriate to the source location and noise
level could be instrumental in controlling the adverse effects of outdoor noise on people. Design
features such as buffer strips, noise barriers, height restrictions and acoustical treatments have
successfully mitigated noise levels.
The Environmental Protection Agency and Oregon Department of Environmental Quality have
established criteria for acceptable noise levels. The City shall rely upon the expertise of these
agencies for information and regulation of noise standards.
THE FOLLOWING SETS FORTH THE CITY'S OBJECTIVES, POLICIES AND RECOM-
MENDED PROGRAMS REGARDING NOISE:
OBJECTIVE
1. Preserve and protect a healthy acoustical environment within the City.
POLICIES
1. Noise impacts shall be considered as part of the development review processes, including
transportation planning,capital improvement guidelines.
2. The City will comply with U.S. Environmental Protection Agency and Oregon Department
of Environmental Quality noise standards.
IV-G-1
I A noise control ordinance should be adopted and enforced to implement the community noise '
control program.
RECOMMENDED PROGRAMS
1. A noise control program should be developed utilizing gifts, grants and other funds from
public and private sources,including the state and federal governments.
IV-G-2
8_5 Tualatin Ordinances 8-5.3
ORDINANCE NO. 724-87
AN ORDINANCE REGULATING THE CUTTING, DESTRUCTION, AND
REMOVAL OF TREES IN THE CITY OF TUALATIN, PROVIDING PENALTIES
AND DECLARING AN EMERGENCY .
[Whereas clauses . ]
The City of Tualatin ordains as follows:
Section 1 . Purpose , The purpose of this ordinance is to
establish a process and standards which will minimize cutting
or destruction of trees and wooded areas within Tualatin. This
ordinance intends to help protect the scenic beauty of the
City , to retain a livable environment through the filtering
effect of trees on air pollution and sound , and to provide
visual contrast to the built urban environment through the
maintenance and protection of trees and wooded areas in the
City .
Section 2 . Definitions .
(1) Tree . Any living , standing woody plant having a
trunk 8 inches or more in diameter , widest cross section, at a
point 4 feet above mean ground level .
(2) Cutting . Falling or removing a tree , or any act by a
person , above or below ground , the natural result of which is
to cause the death or substantial destruction of a tree .
Cutting does not in any context include measures in accordance
with sound arboriculture practice such as trimming , pruning or ,
in the case of conifers , topping .
(3) Planning Director . References in this ordinance to
the "Planning Director" shall mean the administrative of
the Planning Department or such other City employee who may be
designated by the City Manager .
Section 3 . Tree Cutting Without Architectural Review
Apvroval , Preliminary Plan of Subdivision or Partition Review
Approval , or Permit Prohibited. Except as provided in Section
4 , no person shall cut a tree within the City limits without
first obtaining a permit from the City or approval through the
'hitectural Review process or the Preliminary Plan of Subdi-
in or Partition Review process . Incentives for tree reten-
re found in Tualatin Development Code , Landscaping Stan-
06/22/87
8-5 .4 Tualatin Ordinances 8-5 .4
Section 4 . Exemptions . The following exemptions are made
to the provisions of this ordinance. However , exemptions shall
not apply to land which lies within the Greenway and Riverbank
Protection District and/or the Wetlands Protection Area of the
Wetlands Protection District as those areas are defined and
established in the Tualatin Development Code.
(1) General Exemption. The cutting of four or fewer
trees within a single calendar year from a single parcel of
property or contiguous parcels of property under the same own-
ership is permitted without a permit, except when the tree to
be cut:
(a) Is a Heritage Tree; or
(b) The tree was previously required to be retained
under an approved Architectural Review under the provi-
sions of the Tualatin Development Code.
(2) Forest Harvesting . The harvesting of forest tree
species for the commercial value of the timber is permitted
subject to all the following conditions and restrictions:
(a) The Forest Harvesting Exemption. All of the
following criteria must be met in order for the exemption
to exist.
(i) The property from which the forest species
are to be harvested must be in a property tax
deferred status based on agricultural and/or forest
use under any, or some combination of the following :
- Farm Deferral according to state law.
- Forest Land Deferral according to state law.
- Small Woodlands Deferral according to state
law.
( ii) The property from which the forest species
are to be harvested must have been in said property
tax deferred status at the time of the enactment of
his ordinance or at the time of annexation of the
subject property by the City , whichever occurs later .
(b) Revocation of the Forest Harvesting Exemption.
Property (or portions thereof) exempted under 2 (a) shall
cease to be exempted from the provisions of this ordinance
immediately upon the filing of any of the following land
use actions :
( i) Preliminary Plan for a Subdivision or Par-
tition
( ii) Conditional Use
(iii) Architectural Review
(c) Reinstatement of the Forest Harvesting Exemp-
tion. Property (or portions thereof) previously exempted
under 2 (a) and revoked in accordance with 2 (b) will be
considered reinstated under 2 (a) if :
06/22/
8-5 .4 Tualatin Ordinances 8-5.5
( i) The subject property remains tax deferred
in accordance with 2 (a) and meets the conditions of
either c ( ii) or c ( iii) .
(ii) The land use action that affected the
revocation was denied and the appeals period has
expired; or
( iii) The land use action that affected the
revocation was approved; and the proposed development
which affected the filing of the land use action did
not occur ; and the approval that was granted (includ-
ing extensions) has expired .
(d) The Planning Director shall prepare at the time
of the enactment of this ordinance, and then annually
update, a listing of properties exempted under this sec-
tion.
(3) Orchards . Tree cutting is permitted in orchards of
commercial agricultural production.
(4) Public Right-Of-Way. Trees within public right-of-way
shall be governed by the Street Tree Ordinance 701-86 .
(5) Federal , state, county , or city road , water , sanitary
sewer , or storm sewer improvements shall be exempt from the
provisions of this ordinance .
(6) Building permits issued in connection with parcels
approved for construction of single family dwellings shall be
exempt from the provisions of this ordinance .
Section 5 . Agnl icati on for Architectural Review, Prelimi-
nary Plan of Subdivision or Partition Review. or Permit .
(1) When a property owner wishes to cut trees in addition
to those permitted under the General Exemption (Section 4 (1) )
in order to develop property, and said development is subject
to Architectural Review or Preliminary Plan of Subdivision or
Partition Review, the property owner shall apply for approval
to cut trees as part of the Architectural Review or Preliminary
Plan of Subdivision or Partition Review. The granting or
denial of said approval will be based on the criteria in Sec-
tion 6 .
(2) When a property owner wishes to cut trees in addition
to those permitted under the General Exemption (Section 4 (1) )
for reasons other than those identified in Section 5 (l) the
permit process shall be as follows :
(a) Any property owner desiring to cut trees in
addition to those permitted under the General Exemption
shall file an application for a permit to do so with the
Planning Director .
06/22/87
8-5 .5 Tualatin Ordinances 8-5 .6
(b) Applications shall be made upon forms to be pre-
scribed and furnished by the City.
(c) The application shall contain the number , size,
species and location of the trees to be cut and a state-
ment of the reason for cutting or removal .
(d) The application shall be approved or denied in
accordance with criteria listed in Section 6 .
Section 6 . Criteria. The Planning Director shall con-
sider the following criteria when approving , approving with
conditions or denying a request to cut trees.
(1) The Planning Director will approve any request to cut
a tree where the applicant can satisfactorily demonstrate that
any of the following criteria are met.
(a) The tree is diseased , and
( i) The disease threatens the structural integ-
rity of the tree; or
( ii) The disease permanently and severely
diminishes the aesthetic value of the tree; or
(iii) The continued retention of the tree could
result in other trees being infected with a disease
that threatens either their structural integrity or
aesthetic value or both.
(b) The tree represents a hazard . The following are
examples of conditions that would meet this criteria:
(i) The tree is in danger of falling .
(ii) Substantial portions of the tree are in
danger of falling .
(c) There is a necessity to remove the tree in order
to construct proposed improvements based on Architectural
Review approval , building permit, or approval of Prelimi-
nary Plan of a Subdivision or Partition Review.
(2) If none of the conditions in Section 6 (1) are met,
then the Planning Director will evaluate the condition of each
tree based on the following criteria.
Any tree given a rating of one (1) on any factor will not
be required to be retained .
06/22/87
8-5 .6 Tualatin Ordinances 8-5 .8
POINTS
FACTOR VARIATION OF CONDITION FACTOR AWARDED
Trunk Sound and solid (5)
Condition Sections of bark missing (3)
Extensive decay and hollow (1)
Crown Full and balanced (5)
Development Full but unbalanced (3)
Unbalanced and lacking a full
crown (1)
Structure* Sound (5)
One major or several minor limbs
dead (3)
Two or more major limbs dead (1)
* For deciduous trees only
---------------------------------------------------------------
Section 7 . Fees .
(1) Architectural Review or Preliminary Plan of a Subdi-
vision or Partition Review. In accordance with the Architectu-
ral Review process (Chapter 73 , TDC) or the Preliminary Plan of
a Subdivision or Partition Review process.
(2) Permit. The application shall be accompanied by a
filing fee to be established by Council resolution. The filing
fee is not refundable, whether or not a permit is thereafter
granted . All permits shall be valid for one (1) year from the
date of issue .
Section 8 . Emergencies . In the event of emergency condi-
tions requiring the immediate cutting or removal of trees in
order to avoid danger or hazard to persons or property, an
emergency permit shall be issued by the Planning Director ,
without payment of fee and without formal application. If the
Planning Director is unavailable in the event of such emer-
gency, it shall be lawful to proceed with the cutting of a tree
or trees without a permit to the extent necessary to avoid the
immediate danger or hazard . If a tree is cut under the provi-
sions of this section without the prior filing of an applica-
tion with the Planning Director , the person doing so shall
within two working days thereafter report the action taken to
the Planning Director , without payment of fee, and shall pro-
vide such information and evidence as may be reasonably
required by the Planning Director to explain and justify the
action taken. Where no emergency is found to exist, the cut-
ting or removal of a tree or trees is prohibited .
06/22/87
8-5 .9 Tualatin Ordinances 8-5.14
Section 9 . Tree Protection During Construct-ion, Any tree
required to be retained either through Architectural Review, Pre-
liminary Plan of Subdivision or Partition Review, or permit pro-
cess that will be impacted by nearby construction activities must
be protected in accordance with the requirements contained in the
Landscaping Design Standards of the Tualatin Development Code.
Section 10 . Notice of Decision .
(1) Architectural Review or Preliminary Plan of Subdivi-
sion or Partition Review. In accordance with the Architectural
Review process of the Tualatin Development Code or the Prelimi-
nary Plan for Subdivision or Partition Review Process . If
approval is granted for the cutting of a Heritage Tree, the
decision shall be sant: to the chairman of Tualatin Park Advi-
sory Committee (TPARR) .
(2) Permit. Upon receipt of an application, the Planning
Director shall respond with a decision within thirty (30) days .
The decision shall be in writing and shall be sent to the
applicant. If the application for cutting pertains to a Heri-
tage- Tree, the decision shall be sent to the chairman of Tuala-
tin Park Advisory Committee (TPARR) .
Section 11 . Appeal .
(1) Architectural Review or Preliminary Plan of Subdivi-
sionor Partition Review. In accordance with the Architectural
Review process of the Tualatin Development Code or the Prelimi-
nary Plan of Subdivision or Partition Review Process .
(2) Permit . The applicant shall have fifteen (15) days
in which to submit an appeal. All appeals shall be in writing
giving evidence and reasons pertaining to the appeal , shall be
dated and signed and submitted to the Planning Director . The
appeal shall be heard by City Council within thirty (30) days
of the date received by the Planning Director . The written
decision of the City Council shall be final .
Section 12 . penalties . Argy person who himself, or by his
clerk , agent or employee, violates any of the provisions of
this ordinance commits a civil infraction and shall be subject
to a forfeiture in an amount not exceeding $500 .00 . Fifty per
cent (50%) of any forfeiture resulting from violation of this
ordinance shall be designated and used for the planting of
trees on City-owned property. For each tree that is unlawfully
cut, a separate civil infraction is committed . Each day of
violation of any provision of this ordinance , other than cut-
ting , is a new offense .
Section 13 . [Applicability clause. ]
Section 14 . [Emergency clause . ]
1987 .Passed by the Council and approved by the Mayor , June 22 ,
06/22/87
%FyZG 1-t k7_6CT is x L.. 12CL'1 e� �Tvr+-3b A-�Z)f
73 . 210 Tualatin Development Code 73 . 240
( 7) Select building materials which contribute to
the project's identity, form and function, as well as to the
surrounding environment.
(8) Select colors in consideration of lighting
conditions and the context under which the structure is viewed,
the ability of the material to absorb, reflect or transmit
light and the color's functional role (e.g. , to identify and
attract business, aesthetic reasons, image-building) .
(9) Where possible, locate windows and provide
lighting in a manner which enables tenants, employees and
police to watch over pedestrian, parking and loading areas.
(10) Where practicable locate windows and provide
lighting in a manner which enables surveillance of interior
activity from the public right-of--sway or other public areas.
73 . 220 Standards. The following standards are minimum
requirements for commercial , industrial , public and
semi-public development and it is expected that development
proposals shall meet or exceed these minimum requirements.
( 1 ) Safety and Security
(a) Locate, orient and select on-site lighting
to facilitate surveillance of on-site activities from
the public right-of-way or other public areas.
(b) Provide an identification system which
clearly identifies and locates buildings and their
entries.
(c) Shrubs in parking areas shall not exceed 32
inches in height. Tree canopies must not extend
below 8 feet measured from grade.
Landscaping
73 . 230 Landscaping Standards.
PurRose. The purpose of this section is to establish
standards for landscaping within Tualatin in order to enhance
t he environmental and aesthetic quality of the City:
( 1) By encouraging the retention and protection of
existing trees and requiring the planting of trees in new
developments;
(2) By using trees and other landscaping materials to
temper the effects of the sun, wind, noise, and air pollution.
(3 ) By using trees and other landscaping materials to
define spaces and the uses of specific areas; and
(4) Through the use of trees and other landscaping
materials as a unifying element within the urban environment.
73.240 Landscaping General Provisions.
( 1) The standards set forth in this Code are minimum
standards for landscaping.
(2 ) The minimum area requirement for landscaping for
conditional uses for RL, RML, RMH, RH and RH/HR Planning
12/14/92
73 . 240 Tualatin Development Code 73 . 240
Districts , listed in 40 .030 , excluding 40 .030( 3 ) , 40. 030(5) ( j ) ,
40.030(5) (m) , 40.030(5) (n) and 41. 030( 2) shall be twenty-five
(25) percent of the total area to be developed.
( 3 ) The minimum area requirement for landscaping for
uses in CO, CR, CC, CG, ML and MG Planning Districts shall be
fifteen ( 15) percent of the total land area to be developed,
except within the Core Area Parking District, where the minimum
area requirement for landscaping shall be 10%.
(4 ) The minimum area requirement for landscaping for
uses in CN, CO/MR, MC and MP Planning Districts shall be
twenty-five ( 25) percent of the total land area to be
developed.
(5) The minimum area requirement for landscaping for
uses in the Industrial Business Park Overlay Planning District
shall be twenty (20) percent of the total land area to be
developed.
(6) For properties within the Hedges Creek Wetland
Protection District which have signed the "Wetlands Mitigation
Agreement" , the improved or unimproved wetland buffer area may
reduce the required landscaping to 12 . 5% as long as all other
landscape requirements are met.
(7) Developments not in a Low Density Residential
(RL) or Manufacturing Park (MP) Planning District, but which
abut an RL or MP Planning District shall provide and
perpetually maintain dense, evergreen landscaped buffers
between allowed uses in the district and the adjacent Low
Density Residential (RL) or Manufacturing Park (MP) Planning
District as approved through the Architectural Review process.
(8 ) Yards adjacent to public streets, except as
described in 73. 240( 5) , shall be planted to lawn or live
groundcover and trees and shrubs and shall be perpetually
maintained in a manner providing a park-like character to the
property as approved through the Architectural Review process.
(9) Yards not adjacent to public streets or Low
Density Residential (RL) or Manufacturing Park (MP) Planning
Districts shall be planted with trees, shrubs, grass or other
live groundcover, and maintained consistent with a site plan
indicating areas of future expansion, as approved through the
Architectural Review process.
(10) Any required landscaped area shall be designed,
constructed, installed, and maintained so that within three
years the ground shall be covered by living grass or other
plant materials. (The foliage crown of trees shall not be used
to meet this requirement. ) A maximum of 10% of the landscaped
area may be covered with unvegetated areas of bark chips, rock
or stone. [73 . 240( 3 ) amended by Ordinance No. 882-92, Sec. 15,
passed December 14 , 1992 . ]
12/14/92
73 .250 Tualatin Development Code 73 . 260
73 . 250 Tree Preservation.
( 1 ) Trees and other plant materials to be retained
shall be identified on the landscape plan and grading plan.
( 2 ) During the construction process:
(a) The owner or the owner's agents shall pro-
vide above and below ground protection for existing
trees and plant materials identified to remain.
(b) Trees and plant materials identified for
preservation shall be protected by chain link or
other sturdy fencing placed around the tree at the
drip line.
(c) If it is necessary to fence within the drip
line, such fencing shall be specified by a qualified
arborist as defined in 31.060 .
(d) Neither top soil storage nor construction
material storage shall be located within the drip
line of trees designated to be preserved.
(e) Where site conditions make necessary a
grading, building, paving, trenching, boring,
digging, or other similar encroachment upon a
preserved tree's drip-line area, such grading,
paving, trenching, boring, digging, or similar
encroachment shall only be permitted under the
direction of a qualified arborist. Such direction
must assure that the health needs of trees within the
preserved area can be met.
(f) Tree root ends shall not remain exposed.
( 3 ) Landscaping under preserved trees shall be com-
patible with the retention and health of said tree.
( 4) When it is necessary for a preserved tree to be
removed in accordance with the Tree Protection Ordinance, the
landscaped area surrounding said tree or trees shall be main-
tained and replanted with trees which relate to the present
landscape plan, or if there is no landscape plan, then trees
which are complementary with existing, nearby landscape materi-
als.
(5) Pruning for retained deciduous shade trees shall
be in accordance with National Arborist Association "Pruning
Standards For Shade Trees" , revised 1979.
(6) Except for impervious surface areas, one hundred
percent ( 100%) of the area preserved under any tree or of group
of trees retained in the landscape plan (as approved through
the. Architectural Review process) shall apply directly to the
percentage of landscaping required for a development.
73 . 260 Tree and Plant Specifications.
(1 ) The following specifications are minimum
standards for trees and plants:
12/14/92
73 . 260 Tualatin Development Code 73 .260
(a) Deciduous Trees: Deciduous shade and
ornamental trees shall be a minimum one and one-half
inch ( 1 1/211 ) caliper measured six inches (611 ) above
ground, balled and burlapped. Bare root trees will '.
be acceptable to plant during their dormant season.
Trees shall be characteristically shaped specimens.
(b) Coniferous Trees. Coniferous trees shall be
a minimum five feet ( 51 ) in height above ground,
balled and burlapped. Trees shall be well branched
and characteristically shaped specimens.
(c) Evergreen and Deciduous Shrubs. Evergreen
and deciduous shrubs shall be at least one (1) to
five ( 5) gallon size. Shrubs shall be
characteristically branched. Side of shrub with best
foliage shall be oriented to public view.
(d) Groundcovers. Groundcovers shall be fully
rooted and shall be well branched or leafed. English
ivy (Hedera helix) is considered a high maintenance
material which is detrimental to other landscape
materials and buildings and is therefore prohibited.
(e) Lawns. Lawns shall consist of grasses,
including sod, or seeds of acceptable mix within the
local landscape industry. Lawns shall be 100%
coverage and weed free.
( 2) Landscaping shall be installed in accordance
with the provisions of Sunset New Western Garden Book (latest
edition) , Lane Publishing Company, Menlo Park, California or
the American Nurserymen Association Standards (latest edition) .
( 3 ) The following guidelines are suggested to
insure the longevity and continued vigor of plant materials:
(a) Select and site permanent landscape
materials in such a manner as to produce a hardy and
drought-resistant landscaped area.
(b) Consider soil type and depth, spacing,
exposure to sun and wind, slope and contours of the
site, building walls and overhangs , and compatibility
with existing native vegetation preserved on the site
or in the vicinity.
(4) All trees and plant materials shall be healthy,
disease-free, damage-free, well-branched stock, characteristic
of the species.
(5) All plant growth in landscaped areas of devel-
opments shall be controlled by pruning, trimming or otherwise
so that:
(a) It will not interfere with designated pedes-
trian or vehicular access; and
(b) It will not constitute a traffic hazard
because of reduced visibility. (Ref. Site Distance) '
4-13-92
CIT`_' OF WEST LI`IN
ORDINANCE NO. -?;2
AN ORDINANCE :2-1E.TDING ORDINANCE NO. 1340, PO==C_ES, RULES AND
REGULATIONS FOR TLE PLiNTING AND MAINTENANCE OF ST-REET TREES, THE
PROTECTION AND :L%INT`:ii?NCE OF HERITAGE TREES Ai:D THE PRUNING AND
REMOVAL OF TRE
WHEREAS, dL'ri. _ the six months that Ordinance No . 13 40 has been in
effect, it has become apparent that certain CI_r:-fic-tions and
revisions to Ordinance No. 1340 are necessary; n0w therefore:
THE CITY OF WEST LINN ORDAINS AS F0I11OWS:
Section I.
Ordnance No. 1340 is amended by adding a new Sec-icn
1 to read as follows:
Sec-;on 1 . Purz"os=
The nurpcsa of Lh:is Chaster iS 'Co nainta4~ and the
aesthetic �=lsality of the City' s residessial and busin ess
envi:orment and zo establish a process and stand:.rds whit h
Gi1l�. L'n c:nzrollea cut-tiig or des:..r.:C'_on o -rees or
wooded areas within West Linn. It is t:e intent of this
Chapter to prctecz the scenic beauty and livability of the
City by pr cwoting a process for preserving and-/or renewing its
tree carcpv and by implementing standards for the planting,
maintenance and survival of desirable trees . This Chapter
also recocrizes the value of the urban forest for its effect
on air quality and wildlife habitat, and as a noise barrier
and visual contrast to the developed urban environment.
Section '_, Def_niticns, shall be rer =,Iered Sec-tier. 2 and all other
sections of Orth.ante No. 1-340 shall be renumbered accordingly.
Section 2 . Subsection 1 (D) of Ordinance No. 1340 is amended to
read as follows :
(D) Fe 11. Fell means to remove or sever a tree or to use any
procedure the natural result of which is to cause the death
or other substantial destruction of the tree. Fell does not
in anv context include normal trimming or p=aning.
Section3 S�—'-seczion 4 (3) of Ordinance NO. 1340 is amended to
read as follc::s :
(B) It shall e unlawful for any person to pla-_ or set out any
tree or au-zhorize or cause or proc•,ra any Person to plant or
set out a--.v tree in or upon any pare of any street or public
right-of-wav without: 1) obtaining from the Administrator, a
written pe_:.it to do so, and 2) complying in all respects with
the condi--ions set forth in such written pa__Jt and with the
provisicns of this or inance. All applications for such
per:ait s:._11 describe work to be done and = e variety, size
and precise location of each tree to :.e p1a--ed. upon review
of the a-plication:
1. If the Administrator has found that the
pr ~_ csed planting is in accord w«h the Street Tras Plan,
theA dministratcr shall gr ant a peru,i t, and the t=ees
shall become part of the city' s street tree inven=rv..
rL
2 . If the Administrator finds the orcoosed
is not in accord with the Street Trse Plan, but
that the trees proposed to be planted have a reasonable
likelihood of prospering and the application speci=_es
tee __cation, variety and Grade of each tree and meT0 od
including ud=ng among other thi_'Cs, tie su^p j V i ng
Of Suitable soil, then the Adwinistra-cr may oink a
per-_-, and the tree shall become pa=- of Cher ci*'v's
tree inventorv.
SectiOrr 4. Su-'-section 9 (D) of Ordinance No. _340 is amended to
read as follows :
(D) Care and -aintanance of street trees or trees planted by the
property cw-ner or former property owner on public right-o-0-
way is t e continuing duty and routine o::ligation of the
property owner(s) .
Section 5. Subsection 10 (A) , of Ordinance No. 1340 is amended
to read as follows:
(A) Dead, i n-f_sted or diseased trees. When anv tree located on
a street or on private property is dead or infested with a
disease or insects, or is in the opinion of t:.e Administrator,
infectious and may spread such disease or insects to other
trees in the City, the Administrator may remove or- treat the
tree or cause same to be removed or treated. Such removal or
treatment stall be the responsibility of the property owner.
Dead trees may also be abated or removed pursuant to West Linn
Municipal Code Section 8 . 04 .140 (B) .
Section 5 . Subsection 11 (A) , of Ordinance No. 1340 is del=-ted
and the remainder c- the Sec-=ion shall be ranu.mbered accordingly.
Section 7 . Subsection 11 (E) (10) , of Ordinance No. 1340 is
amended to read as follows:
(E) (10) The falling of trees within the building envelope
including driveways for individual lots with an approved
building permit. + In order to avoid delay, prior to
issuing an approved building permit, the Department cf
Planning and Development may ap=rcve a preliminary site
plan for purposes of tree removal only.
Section 3 . Subsection 11 (E) (11) , of Ordinance No. 1340 is
amended to read as follows:
(E) (11) Harvesting of Christmas trees c^ land used solely for
tae production of cultured Chris was tr=_es as defined in
ORS 215 .203 (3) .
Secti on 9 . Sub sect'_on 11 (G) of Ordinance No. 1340 is amended by
adding subsac tions (7) and (o) as follows:
(G) (7) Shat the falling or removal of trees is a right preserved
in a tim.^er deed or reservation held by a party ether
t:pan :-he _ _cperzy owner. -
(G) (S) The _aes hays been crown for the pu=cse of harvesting.
F-vi-dence of. th i s mu---pose includes but is not limited to
evidence whic:7 shows that tae t=ees ar a:
(i) Grown or growing on land which has been
crecared by int_rsive cultivation methods and
which is cleared of competing vegetation; and,
Harvested on a rotating cycle; and,
Subject to agricultural practices such as
fertilization, insect and disease control,
cultivation and irrigation.
Section 10. Subsection S . 04 . 140 (A) of the west Linn Municipal Code
is amended to read as follows:
A. No owner or person in charge of property that abuts any
street or sidewalk may. permit trees or bushes on his/her
property to interfere with street or sidewalk traffic.
It shall be the duty of an owner or person in charge of
prope_—ty that abuts a street or sidewalk to keep all
gees and bushes on his/her premises and on the adjoining
parking stria or improved right-of-way trimmed to a
heiant_ of not less than seven and one half (7 1/2) feet
above the sidewalk level,_, over the street area at an
elevation of not7 less than 11 feet above the street
level. however, cn any street designated as an arterial
or one-way street, and where par!cing has been prohibited,
lim-bs of trees shall be pruned to a heiaht of not less
than 1� feet above the street level.
P.DOPTED BY T:::r COUNCIL OF THE CITY OF WEST LIW THIS 31st DAY CF
January , 1994.
YEAS
NAYS 0
JILL MORN, MAYOR
DATE SIGNED: February 14,
�.TTEST
MARY `�:.S-I C=TY RECORDER
wan\rand\wes;l--m\cr- amm ar<(-10/94)
r
I�SOLL�;Oti �O.
ARESOLL i.0 ti Si.= LSHEE v- S.� D POL:C,-=S
BY ORDLti.``�.:� v0. , THE C OF '�v�S� '�
O RTS ti CE.
Ord:--a-ace No. provides r.__ =_ :--dosed
by the ordir`_. sLal be se: by sVlrt:011 Cf :he C:- l Jl'r.:: :
de--e be-c-, _�= s:.-ee: -ees
:. y�. C _ _-c:. of : �e
SBC7ION s. _r--' !REFS
3DI-'7 S10N
1, s e�: ens shad be paid
C:: L JL ��: u�
pi- =—roval. Tae fee suaIl be based on __ j�ber of
eC ,,..1 „ ccs 'Zell' ..r idss the
_ s r t:.:..d Ln�npiied by Si�t�. (the �.,_t per ,�
d-_' e.-CDer chooses Cu oa I TIHis few
C of L:ie zee labor and eJ=TDment :or on-c-2 pI�CeWent,
e-,- ar ma=e:aTlce LoiiowlIlQ isle CitV`j :c eall-e 7:wo Ve
and a two year reoiacement wz anty.
2. A: e developers oDt±on, the street tree pian == be executed
prix ate.-y. In this ase, a fee of S75. per tree s�� be caarLed
pr-:or to anal plat approvaL If this option is ex eresed trees
shall be planted prior to an occupanq pe:m z oeing issued.
TAT fee shall include permit and inspection fees, two year
maintenance fee, and a two year replacement w-az_'an y.
3. :4iI trees planted by the developer shall conform to types,made,
permcations as specified by the City's street
SA.-, and plandns s
=ee plan.
4. La special cases, a developer may choose to plant a larger tree
than standard, or plant outside the normal planting periods, in
which instance an additional fee may be agreed upon with the
City to cover the costs of special order trees.
yF.
B. E.C.=tiG K7BDPVlSIO_iS/OLDER EST: .EUSr-=-
_=downers in e:dst-:n; subdivisions or other esta ii ' ed areas
=.,v choose to minate a beaut:cation::roie-by-iantina s—et i
ees. In which case, fees will be based on all or any
co=binazion o- permit and =zpecdon :,.es. the a=al cost of
tree, the ac:uai cost of origct piacemem, he proiec:ed
cost of maintenance. and reuiace-men: war-.=.,,. These tees
I be sa: anc meed upon -mor :o ,e=—.
SECTION =. SEE R=yfOy a T
..-= c.,.=iae.. .-at a pe._.lit is re..zi=_.. :or =__ _ y.ovai on
=gate orooe.^v, the Permit fee snail be S'L. For ea__ =—'e- to be
=e_oved under the pe= issued. Tuffs fee oe waivea ii
=our ghat pavmmen: will piace a f7z__-_:ai hz" Io on the
yr
Adopted by West Linn City Council this day of liar i-- 19933.
Mayor
An=
7-1
i
RhzOLL-70N NO.
r AZ C r: C C R 7HE D ES1G_,� _�.0`+ C
_ A IERl'_-_G= _ EE A- SPECS:�.D BY CD
fit
RL�.
- CC= C i ,VL.`. 4
1 L -N'S 7—REE �,LA-D 1 Ly A:N CE O RD I` A-N-_ _
'N=77, . Or i aace ti o. ?rovides :.?ar ce=-� -ees �LL�r
be aomL-a:ed -� :-uaers and des:___..:ed by �e C N C'Junc-.l: enc
lie--p trees add —ac:er to
size azr- ap ,_._ uxe ,+.Sul:...__
-,C::--- -_:IroLCIrIoUr .ne or^. �.:-- or_ �Lcuc
and on a:e
TOW. ---RE:CRE. BE i RESOLv-ED by ne C.^,� C ' of Lhe
City OI Wes-L. -- :uaL We :o1IC`• _�Q C'Le:�� Oz :odo`etj ro sc �'.Si�'aLe 3
he^rase u e�:
I. tilizii.�— �.�;;Terence5 =�e: above �-ou nd e�rz: _ :c �:t uiue
B. tifac___:e z-owirz gees (or- oa Sc--:— Ca: - 10;,
C. Slow :rd smaiier gow --o iees (Gir-kzo, -Madrone, - Sc
? Location factor poirt vaivas:
6 Commer cal areas
5 Yard adjacent to street
T Side vard
2 Wooded lot within subdivision
1 Forested area
3. Condition factor point values:
5 Excellent-pe:7ect form,little or no dead wood, all limbs
have good arachments, no sign of decay.
a Very good - good form, multi-leaders, but with good
- attachments, 10% or less large dead wood.
3 Good - Unbalanced or incomplete crown, tight limb
angles, L5% - 20% larger dead wood.
Poor - evidence of some decay, 20% - 3 0010 larger dead
wood, history of being topped.
-
: yam_
Ver% poor - sLLsc^,:�-,_il u,,..�4...L er__rsive de=v,
diebacr. Icor corm. =balanced or r_a-}y reduced
cov4T"
actor is by the gee's reia_re historic
si —ce. Historic sizzif :.nce may be -�,v the tree's
assocca_on with historic or mous events. --e cuiturai - story of the
nation, state, co=uniri, or person or persons who have si°'^...11lc:: Lly
conte,ate to the history o1: the aation, sr.-. or cow,rirv. (7Le
Cirri: =e^::lse Commire_ and other local ri_,ztori s-, _ i be called
uporl _:,r .ese=c assisz=ce
:or :his c ate2or✓.i Port 72 -s:
- .S1arIT lIicanL
�omewriat Sic-"77=r�t
MarminaLly �i 1IIC. nL
�(Or Simlillca.-at
Forma - si`.e :t --ocaron x condi'on s histor_'cai factor = heritacre wee ooin..
Trees shah acz:.=mate a mil-u��, of 180 points to receive ccrsice:az on as
a he mze Ir--e.
Adopted by .e Test Linn City Cout:cii this day of Marc- 1993.
Mayor
Attest:
.y ....•
CITY OF WEST LINN
ORDINANCE NO. 1 A 4'0
AN ORDINANCE .ADOPTING POLICIES, RULES AND REGLZ.3TIONS FOR THE
PLANTING AND NLA TENANCE OF STREET TREES, THE PROTEC'T'ION AND
MAINTENANCE OF HERITAGE TREES, AIND THE PRUNING A.ND REMOVAL OF
TREES, ANIENDLN G SECTION 8.04.140 AND 8.04.145 OF THE WEST LINN
MUNICIPAL. CODE: REPEALING CHAPTER 13.40, TREE PROTECTION, OF THE
WEST LINN MLTNTICIPAL CODE: AND CLASSIFYING THE FEES AND COSTS
IMPOSED BY THIS ORDINANCE AS NOT SUBJECT TO THE PROPERTY TAX
LEN41TATIONS OF ARTICLE XI,SECTION 11(B)OF THE OREGON CONSTITUTION.
THE CITY OF WEST LINN ORDAINS AS FOLLOWS:
Section 1. Definitions.
As used in this ordinance, singular includes the plural and vis. a vis.
(A) Administrator. Administrator means City Administrator of the City of West Linn,
or his/her desimee.
(B) City. City means City of West Linn.
(C) Council. Council means the West Linn City Council.
(D) Feil. Fell means to remove or sever a tree or to use any procedure the natural result
of which is to cause the death or other substantial destruction of the tree. Fell does
not in any context include normal trimming, pruning, or topping of trees.(B
(E) Heritage Tree. Heritage trees are trees which, because of their age, type, notability
or historical association, are of special importance.
(F) Illegally Removed Tree. A tree removed without first obtaining the permit,when the
act of removal is not excepted by section 11 (E) of this ordinance.
(G) Person. Person includes any individual, firm, association, corporation, agency or
organization of any kind.
(H) Street. Street shall include land within the dedicated public right-of-way including
easements, sidewalks, etc.
(I) Street Tree. A street tree shall include any plant listed in the approved street tree
1 - ORDINANCE NO.
list as identified within the street inventory which is updated regularly by the City.
(J) Subject Proms i. Subject property is defined as the land on which the trees are
located or were cut, and any adjacent land under the same ownership.
(K) Tree. Tree is defined as a living, standing woody plant having a trunk 6" in diameter
or 19" in circumference at a point five feet above the mean ground level at the base
of the trunk.
Section 2. Street Tree Plan and List of Trees.
(A) It is in the best interest of the City that a Street Tree Plan be developed and
established for the planting, maintenance and replacement of trees in and along its
streets. This section is adopted for the purpose of providing for such a plan and for
the establishment of regulations necessary to carry out it's purpose.
(B) The Administrator shall prepare or cause to be prepared a Street Tree Plan for the
planting and maintenance of trees in the streets of the City.
(C) The Street Tree Plan should include, but shall not be limited to, a series of maps of
city streets upon which is designated a scheme for the planting of trees and the
designation of streets for certain types of trees. Such maps shall show the interval
between existing trees and the place where each new tree is to be planted.
(D) A survey of the street trees presently existing in the City and their condition may be
taken.
(E) Approval and amendments of the Street Tree Plan shall be based on consideration
of the following criteria:
(1) Existing and planned street width.
(2) Existing and planned utilities.
(3) Pedestrian and vehicular traffic.
(4) Proposed trees are included in the Administrator's listing of approved species.
(F) The Administrator shall maintain a list of approved varieties of trees that may be
planted on any street with the City in accordance with the Street Tree Plan.
Approval shall be based upon considerations such as maturity, height, susceptibility
to disease or pests, reasonable expected freedom from nuisance characteristics and
general suitability for any particular locations. The Administrator's listing of
approved varieties shall not prevent the seeking of approval of unlisted varieties.
2 - ORDINANCE NO.
Section 3 Gifts and Funding.
(A) The City may accept gifts which are specifically designated for the purpose of
planting or maintaining street trees within fie City.
(B) A separate fund shall be established and maintained for revenues and expenditures
created by the street tree program.
Section 4. Planting.
(A) The Administrator may plant street trees along the streets of the City in accordance
with the Street Tree Plan. Until such time as a Street Tree Plan for the planting and
maintenance of street trees is developed, street tree plantings shall conform to the
City's Street Tree Planting Guidelines, which may be obtained from the Parks and
Recreation Department.
(B) It shall be unlawful for any person to plant or set out any tree or authorize or cause
or procure any person to plant or set out any tree in or upon any part of any street
without first obtaining from the Administrator, a written permit to do so and
complying in all respects with the conditions set forth in such written permit and with
the provisions of this ordinance. All applications for such permit shall describe work
to be done and the variety, size and precise location of each tree to be planted.
Upon review of the application:
1. If the Administrator has found that the proposed planting is in accord with
the Street Tree Plan, the Administrator shall grant a permit, and the trees shall
become part of the city's street tree inventory.
2. If the Administrator finds that the proposed planting is not in accord with
the Street Tree Plan, but that the trees proposed to be planted have a reasonable
likelihood of prospering and the application specifies the location, variety and grade
of each tree and method of planting, including among other things, the supplying of
suitable soil, then the Administrator may grant a permit, and the tree shall become
part of the city's street tree inventory.
(C) The permit shall be good only for the planting season stated.
Section 5. Plantings in New Subdivision.
(A) Street trees shall be planted by the City within the planting strips of any new
subdivision in conformity with the Street Tree Plan for the area. All such planting
shall be done in accordance with the planting specifications governing the placement
of street trees as provided by the Parks and Recreation Department. All trees shall
be planted during the first planting season after occupancy.
3 — ORDINANCE NO.
(B) The cost of street trees shall be paid by the developer of the subdivision based upon
the number of street trees required within the approved plan multiplied by the fee
per street tree as established by the City by resolution.
(C) The fee per street tree, as established by the City, shall be based upon the City's
estimate or the total of the following:
1. The cost of the tree;
2. Labor and equipment for original placement;
3. Regular maintenance necessary for tree establishment during the initial
two year period following the City schedule of maintenance; and
4. A two-year replacement warrantee based on the City's established
failure rate.
Section 6. Modified and New Streets.
All proposed changes in width in a public street right-of-way, or any proposed street
improvement shall, where feasible, include allowances for planting strips. Plans and
specifications for planting such areas shall be integrated into the general plan of street
improvements.This ordinance requires any multi-family, commercial or public facility which
causes change in public right-of-way or street improvement to comply with the street tree
planting plan.and standards.
Section 7. Protection of Street Trees.
(A) It shall be unlawful for any person to attach or keep attached to any tree in or upon
any public street or to the guard or stake intended for the protection of such tree,
any ropes, wires, chains, or other device whatsoever, except that the same may be
attached to any tree as support or protection thereof.
(B) During the erection, repair, alteration or removal of any buildings or structure, it
shall be unlawful for the person in charge of such erection, repair, alteration or
removal to leave any tree in or upon any street in the vicinity of such building or
structure without a good and sufficient guard or protector as to prevent injury to such
tree arising out of, or by reason of such erection, repair, alteration or removal.
Section 8. Permit Requirement and Conditions.
Any person desiring for any purpose to cut, prune, or treat any street tree, shall make
application to the Administrator on forms furnished by the City. Such application must state
the number and kind of trees to be pruned or treated, the name of permittee and/or
4 - ORDINANCE NO.
contractor, and the time by which the proposed work is to be done and such other
information as may be required by the Administrator. Any work done under such written
permit must be performed in strict accordance with the terms and provisions of this
ordinance. In issuing or denying a permit, the_Administrator shall apply all the standards
as set forth in this ordinance and the objectives of the Street Tree Plan.
Section 9. Maintenance.
(A) All street trees must be pruned to National Arborist Association (NAA) Pruning
Standards for Shade Trees. A current copy of said Standards shall be available for
review at the Parks and Recreation Department.
(B) Street trees or trees on private grounds and having branches projecting into the street
shall be pruned by the owners of the property upon which the trees are growing and
shall be done according to the requirements for tree branch clearance over street and
sidewalk areas, and signs as set forth in this ordinance.
(C) Limbs of trees may be allowed to project over the sidewalk area at an elevation of
not less than 7 1/2 feet above the sidewalk level, over the street area at an elevation
of not less than 11 feet above the street level. However, on any street designated as
an arterial or one-way street, and where parking has been prohibited, limbs of trees
shall be pruned to a height of not less than 14 feet above the street level. Trees
which are not trimmed so as to meet the above specifications shall be deemed to
present an unreasonable risk of harm to persons or property.
(D) Care and maintenance of street trees is the continuing duty and routine obligation
of the property owner(s).
(E) Whenever the owner or owners, lessees, occupants or persons in charge of private
grounds shall neglect or refuse to prune any tree as provided in this section, said tree
may be declared a nuisance pursuant to Chapter 8.04 of the West Linn Municipal
Code and the Administrator may prune or treat, or cause to be pruned or treated,
said tree. The person remedying the condition shall be authorized to enter the
premises for that purpose. The nuisance abatement provisions of chapter 8.04 shall
be followed for the collection of costs incurred by the city in abating the nuisance.
(F) The Administrator may prune and maintain, or cause to be pruned and maintained,
all of the trees within the street.
(G) Pruning for or by a private utility. A private utility maintaining its utility system in
a street may prune or cause to be pruned in accordance with said permit, any tree
located in the street which interferes with any light, pole, wire, cable, appliance or
apparatus used in connection with, or as a part of, the utility system.
5 - ORDINANCE NO.
(H) It shall be unlawful for any person, firm, or city department to top any street tree,
park tree, or other tree on public property. Topping is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter within the tree's crown
to such a degree so as to remove the normla canopy and disfigure the tree. Trees
severely damaged by storms or other causes, or certain trees under utility wires or
other obstructions where other pruning practices are impractical, may be exempted
from this ordinance at the determination of the Administrator.
(I) It shall be unlawful for any person to engage in the business occupation or profession
of tree pruning within the corporate limits of the City of West Linn without first
obtaining a business license therefore as provided in Chapter 5.04 of the West Linn
Municipal Code.
(J) In the event this ordinance imposes an undue hardship on an individual property
owner, assistance by a grant-in-aid may be available through the City Administrator's
office pursuant to the City of West Linn Grant-In-Aid Policy.
Section 10. Abatement.
(A) Diseased trees. When any tree located on a street or on private property is infested
with a disease or insects, or is in the opinion of the Administrator, infectious and
may spread such disease or insects to other trees in the City, the Administrator may
remove or treat the tree or cause same to be removed or treated.
(B) The Administrator may abate or remove, or cause to be abated or removed, any tree
located in the street area, or which encroaches from private property into the street
area because of age, disease or other debilitating cause, death, insecure root system,
or any other condition which, in the opinion of the Administrator, causes its
continued existence to be detrimental to the public interest. The Administrator may
require that the removed tree be replaced with a new tree at the expense of the
property owner.
Section 11. Removal.
(A) The purpose of this Section is to maintain and protect the aesthetic quality of the
City's residential and business environments, to establish a process and standards
which will minimise uncontrolled cutting or destruction of trees and wooded areas
on private property within West Linn. This Section intends to protect the scenic
beauty of the City, preserve the ecology of the City, retain a livable environment
through the filtering effect of trees on air pollution, and through the providing of
noise barriers and visual contrast to the built urban environment through the
maintenance and protection of trees and wooded areas on private property in the
City.
6 - ORDINANCE NO.
(B) It shall be unlawful for any person, without a prior written permit from the
Administrator, to remove, destroy, cut, break or injure any street tree, or to remove,
except as provided in this ordinance any street tree that is planted or growing in or
upon any street, or cause or authorize--or—procure any person to do so; or injure,
misuse or remove any device set for the protection of any street tree in or upon any
street.
(C) The approval of a street tree removal by the Administrator may be conditioned on
replacement with a new street tree of approved variety if the Administrator finds the
replacement necessary to maintain an ornamental street tree system on the street,
block or portion thereof. If approval by the Administrator is so conditioned, the tree
removal permit shall contain such condition along with a time frame for compliance.
Costs of replacement are the responsibility of the property owner.
(D) The provisions of this Section apply to all zones and uses on private property within
the city limits of West Linn, unless excepted by Section 14(E).
(E) The following activities do not require a tree-cutting permit under the provisions of
this Section.
(1) In case of an emergency caused by a tree being in a hazardous or dangerous
condition threatening life or property, such tree may be removed by
permission of any officer of the Police Department or Fire District, or the
Administrator.
(2) The action of any City officer or employee, or of any public utility necessary
to remove or alleviate an immediate danger to life or property, to restore or
protect utility service, or to reopen a public thoroughfare to traffic;
(3) The felling or removing of trees that are nuisances under Section 8.04.140 of
the West Linn Municipal Code;
(4) Felling or removing of trees that are interfering with sewer service;
(5) Felling or removing of trees that obstruct the view at an intersection contrary
to requirements contained in Chapter 42 of the Community Development
Code;
(6) The felling of trees on a single parcel of land or contiguous parcels of
property under the same ownership when a parcel or parcels total less than
10,000 square feet.
(7) Tree cutting within 50 feet of a building or structure which is lawfully present
and which may be lawfully used under the ordinances of the City of West
7 — ORDINANCE NO.
Linn, will not require a tree-cutting permit.
(8) The felling of not more than two (2) trees on a single parcel of land or
contiguous parcels of property underMe same ownership totalling over 10,000
square feet within a single calendar year.
(9) The felling of trees within the grading envelope for new streets and utilities
based upon an approved preliminary plat and grading plan.
(10) The felling of trees within the building envelope including driveways for
individual lots with an approved building permit or after 3 city business days
of receipt of an application for a building permit.
(11) Commercial timber lands subject to the Forest Practices Act.
(12) The felling of trees consistent with any approved site plan or conditions which
allow for the removal of trees will not require a permit for the removal of
those trees as specified in the plan or conditions.
(F) (1) An application for a tree cutting permit shall be initiated by the property
owner or authorized agent, and shall be accompanied by the appropriate fee.
In the event this section imposes a hardship on an individual property owner,
assistance by a grant-in-aid may be available through the City Administrator's
office pursuant to the City of West Linn Grant-In-Aid Policy.
(2) The application may include a map of the parcel indicating the species or
other description of the trees proposed for removal and their location. The
map may be accompanied by a narrative which explains the reason or reasons
why the owner or owner's agent wishes to fell the trees. The map shall
include sufficient information to adequately review the proposed tree removal
including an indication of the tree removal relative to property lines,
structures, other trees on the site and other features of the property and
adjoining properties.
(G) The Administrator shall make findings with respect to the following criteria when
approving, approving with conditions, or denying an application for a tree cutting
permit or when requiring tree removal.
(1) The condition of the trees with respect to disease, hazardous or unsafe
conditions, danger of falling, proximity to existing structures or proposed
construction, or interference with utility services or pedestrian or vehicular
traffic safety;
(2) The topography of the land and the effect of tree removal on erosion, soil
8 — ORDINANCE NO.
retention, stability of earth, character of surface waters and streams, and
protection of nearby trees and wind breaks.
(3) The necessity to remove trees in brWr to construct proposed improvements,
or to otherwise utilize the applicant's property in a reasonable manner;
(4) The adequacy of the applicant's proposals, if any, to plant new trees to be
felled;
(5) That the felling or removal would be compatible with generally accepted
practices of horticulture, silvaculture, or landscape architecture;
(6) The felling or removal is within the guidelines set forth in the Field Guide to
Oregon Forestry Practices Rules, published by the State of Oregon,
Department of Forestry, as they apply to the Northwest Oregon region.
(H) The City retains the authority to require the applicant to replace any illegally
removed trees pursuant to a plan and time table, and meet any conditions as set
forth by the Administrator. No future permits or approvals for any use of the subject
property shall be granted without compliance with the plan. Appeal of the
replacement plan and its conditions shall be directed to the City Council.
Section 12. Stumps.
In addition to•the standards of the National Arborist Association, the following regulations
are hereby established for the care and removal of tree stumps in or upon the public streets
of the City.
(A) When trees are cut down, the stump thereof shall be removed to a depth of eighteen
(18) inches below the surface of the ground or grade of the street, whichever is of
greater depth.
Section 13. Heritage Trees.
Heritage trees are trees which,because of their age, type,notability or historical association,
are of special importance. Heritage trees shall be those trees designated by the City Council
following review of a nomination form submitted by a citizen and accepted by the property
owner. Criteria for heritage tree assignation shall be adopted by Council resolution.
Upon a tree being designated as a heritage tree, a plaque so designating may be placed
upon or near said tree. It shall become the obligation of the Parks and Recreation
Department to maintain such tree, and if such tree is upon private property, the
Administrator shall notify the owner of such tree that it has been designated as a heritage
tree and may thereafter be maintained by the City upon written consent of the property
9 - ORDINANCE NO.
owner. A heritage tree may not be removed without a public hearing at least 30 days prior
to the proposed date of removal.
This section is intended to give, and does here-by—give full and complete authority to the
Administrator over anv and all heritage trees in the City upon written consent of private
property owners.
Section 14. Voluntary Compliance and Penalties.
Any violation of the terms of this ordinance, it's plan or conditions of approval is a Class
A infraction. Each calendar day of violation of the terms of this ordinance, it's plan or
conditions of approval is a new offense. In addition, the City Attorney shall institute any
necessary legal proceedings to enforce the provision of this Section. These rights shall be
in addition to any other remedies allowed by law. Upon discovery of a violation, the
Administrator shall notify the violator of the process available for voluntary compliance and
the penalty provisions of this ordinance. The Administrator shall offer the violator an
opportunity to enter into a voluntary compliance agreement. If the violator fails to enter
a voluntary compliance agreement, the violator shall be subject to the penalties and
procedures of this ordinance.
(A) Tree Removal.
(1) Voluntary compliance process. A voluntary compliance agreement shall
contain the following:
(a) A commitment by the violator to submit and carry out a tree
replacement program which is approved by the Administrator, and
(b) Payment of a fee in accordance with the City's fee schedule established
for this purpose. The fee will be calculated based upon staff time
devoted to investigation of the violation and review and approval of
the voluntary compliance agreement and related compliance
inspections.
(2) Penalties. Any person, firm, or corporation causing the illegal removal of a
tree who does not enter into a voluntary compliance agreement may upon
conviction be fined a sum not less than $500 or not to exceed the equivalent
of 3 time the appraised value of the tree based on the latest revision of the
Council of Tree and Landscape Appraisers evaluation method plus cost of
prosecution including attorney's fees for each tree removed.
(B) Street Tree Removal.
(1) Voluntary compliance process. A voluntary compliance agreement shall
contain the following:
10 - ORDINANCE NO.
(a) A commitment by the violator to submit and carry out a street tree
replacement program which is approved by the Administrator, and
(b) Payment of a fee in accordance with the City's fee schedule established
for this purpose. The fee' wiiM be calculated based upon staff time
devoted to investigation of the violation and review and approval of
the voluntary compliance agreement and related compliance
inspections.
(2) Penalties. Any person, firm, or corporation causing the illegal removal of a
street tree who does not enter into a voluntary compliance agreement may
upon conviction be fined a sum not exceeding the replacement value of the
street tree as determined in accordance with the latest revision of the Council
of Tree and Landscape Appraisers evaluation method plus cost of prosecution
including attorney's fees.
(C) Violation of any other provision of this ordinance.
(1) Voluntary compliance process. A voluntary compliance agreement shall
contain the following:
(a) A commitment by the violator to submit and carry out a corrective
program which is approved by the Administrator, and
(b) Payment of a fee in accordance with the City's fee schedule established
for this purpose. The fee will be calculated based upon staff time
devoted to investigation of the violation and review and approval of
the voluntary compliance agreement and related compliance
inspections.
(2) Penalties. Any person, firm, or corporation violating any other provision of
this ordinance who does not enter into a voluntary compliance agreement may
upon conviction be fined a sum not exceeding $500 for each violation of this
ordinance plus cost of prosecution including attorney's fees.
Section 15. Nuisances - Abatement Procedures.
In addition to the procedures for enforcement set forth within this ordinance, the
Administrator, in enforcing the provisions of this ordinance, may proceed against the
property on which, or in front of which, a tree is located and found to constitute a nuisance
as set forth under the ordinances of the City.
Section 16, Liabilitv.
Nothing in this ordinance shall relieve the owner or occupant of any private property from
the duty to keep his private property, sidewalks, planting strip and street trees in front of
11 - ORDINANCE NO.
such private property in a safe condition so as not to be hazardous to public travel nor to
relieve said property owner of the obligation to pay the cost of planting, removal and
replanting of street trees in the planting strip adjacent to the property of said property
owner, or to relieve said property owner of liabi iity7 persons injured or otherwise damaged
by reason of the property owner's failure to keep his private property, sidewalks, planting
strips and trees in front of such private property, sidewalks, planting strips and trees in a
safe condition so as not to be hazardous to public travel. The City shall be exempt from
all liability, including but not limited to common-law liability, that it might otherwise incur
to an injured party as a result of the City's negligent failure to keep trees in a safe condition
so as not to be hazardous to public travel. The City disclaims any liability to any person
suffering personal injury or property damage by reason of the owner's negligence in failing
to trim trees or to remove any growth which creates an unreasonable risk of harm to
persons or property. Said property owner(s) shall be liable to the City of West Linn for any
amounts which may be paid or incurred by the City by reason of all claims, judgment or
settlement, and for all reasonable costs of defense, including investigation costs and attorney
fees, by reason of said property owner's failure to satisfy the obligations imposed by this
chapter to trim trees or to remove any growth which creates an unreasonable risk of harm
to persons or property.
Section LT Appeal.
If the Administrator refuses to issue any permit as required by this ordinance, or if the
Administrator requires the removal of a tree, the Administrator shall at once notify the
applicant who may appeal to the City Council in writing within 10 calendar days thereafter.
The City Council shall proceed to hear and determine the appeal, based upon information
submitted by the permit applicant and the Administrator. In all cases, decision of the City
Council shall be final.
Section 18. Amendments.
Amendments to this Section may be initiated and shall be reviewed by the Planning
Commission and Park and Recreation Advisory Board prior to submittal to the City Council
for adoption.
Section 19. Fee \Classification of Fees and Costs.
Fees shall be established by resolution of the City Council and may be amended from time
to time. The City Council determines that the fees and costs imposed by this ordinance are
not a tax subject to the property tax limitations of Article XI, Section 11(b) of the Oregon
Constitution.
Section 20. Amendment of Sections 804 140 and 804 145.
(A) Subsection 8.04.140(A) of the West Linn Municipal Code is hereby amended to read
12 - ORDINANCE NO.
as follows:
"A. No owner or person in charge of property that abuts any street or
sidewalk- may permit trees or bushes on hi
her property to interfere with street or
sidewalk traffic. It shall be the duty of an owner or person in charge of property that
abuts a street or sidewalk to keep all trees and bushes on his/her premises and on
the adjoining parking strip trimmed to a height of not less than seven and one half
(7 1/2) feet above the sidewalk level, over the street area at an elevation of not less
than 11 feet above the street level. However, on any street designated as an arterial
or one-way street, and where parking has been prohibited, limbs of trees shall be
pruned to a height of not less than 14 feet above the street level."
(B) Subsection 8.04.145(B)(9)(a) of the West Linn Municipal Code is hereby amended
to read as follows:
"a. Trees and bushes on the property and on the adjoining right-of-way which
are not trimmed to a height of not less than seven and one half (7 1/2) feet above
the sidewalk level, over the street area at an elevation of not less than 11 feet above
the street level and to a height of not less than 14 feet above the street level on any
street designated as an arterial or one-way street, and where parking has been
prohibited."
Section 21. Repeal.
Ordinance No. 1281, codified as Chapter 13.40 of the West Linn Municipal Code, and any
amendments thereto, is hereby repealed.
Section 22. Severability.
If any provision of this ordinance, or application thereof to any person or circumstance, is
held invalid by any court, other provisions or applications of the ordinance which can be
given effect without the invalid provision or application, shall not be affected, and to this
end the provisions of this ordinance are declared to be severable.
13 - ORDINANCE NO.
ADOPTED BY THE COUNCIL OF THE CITY OF WEST LINN THIS A
1993. DAY OF
YEAS 5
NAYS O
ROBERT LIDDELL, MAYOR
DATE SIGNED• /S/99 3
ATTEST:
m and%westlinn%tres.ord W-3-93
14 - ORDINANCE NO.
t
• Forest NORTHWEST
OREGON
Practice REGION
RulesSJAIf W 061E'1 N IONFSTMY
August 3,1992
Published by the Forest Practices Section
Oregon Department of Forestnt
2600 State Street•Salem,Oregon•97310
The Oregon Forest Practices Act regulates forest operations on private and state forest lands. The
Act is implemented with administrative rules. The rules encourage economically efficient forest
practices that assure the continuous growing and harvesting of forest tree species.This leading use
of privately owned forest land is consistent with the sound management of soil, air,water, and fish
and wildlife resources.The Forest Practice Act has statutory authority in ORS 527310. Oregon
Administrative Rules have been adopted by the Board of Forestry.The Oregon Administrative
Rules, Chapter 629, Division 24, regulate forest operations in Oregon.
They are arranged as:
GENERAL RULES 629-24-101 through 629-24-117;APPLICATION OF CHEMICALS 629-24-200; DISPOSAL OF
SLASHING 629-24-300; REGIONAL RULES: REFORESTATION 629-24-500; ROAD CONSTRUCTION AND
MAINTENANCE 629-24-520 through 629-24-524; HARVESTING 629-24-540; SPECIFIED RESOURCE SITES ON
FOREST LANDS 629-24-690 through 629-24-699; SPECIES USING SENSITIVE BIRD NESTING, ROOSTING
AND WATERING SITES 629-24-700; RESOURCE SITES USED BY THREATENED AND ENDANGERED SPECIES
629-24-800; and SIGNIFICANT WETLANDS ON FOREST LANDS 629-24-1000.
Eastern and Southwest Oregon Regional rules can be obtained by calling 378-2533. Rules covering
Administration (Division 55)and the Process to Inventory and Protect Special Resources on Forest Lands
(Division 56) are also available.
Rule changes of July 22, 1992 are in boldface for ease of reference.
GENERAL RULES and side channels are included if they are part of the flow
channel or contain fresh water ponds.
(5) "Bog" means a wetland that is characterized by the UJ
629-24-101 DEFINITIONS. As used in OAR Chapter 629, formation of peat soils and that supports specialized
Division 24, unless otherwise required by context: plant communities. A bog is a hydrologically closed
(1)"Abandoned resource site"means a resource site that system without flowing water. It is usually saturated,
the State Forester determines is not active. relatively acidic, and dominated by ground mosses,
(2) "Active resource site" means a resource site that the especially sphagnum. A bog may be forested or
State Forester determines has been used in the recent nonforested and is distinguished from a swamp and a
past by a listed species.'Recent past'shall be identified marsh by the dominance of mosses and the presence of
for each species in administrative rule. Resource sites extensive peat deposits.
that are lost or rendered not viable by natural causes are (6) "Buffer strip" means a protective area adjacent to an
not considered active. area requiring special attention or protection.
(3) "Active roads" are roads currently being used or (7) "Chemicals" means and includes herbicides.
maintained for the purpose of removing commercial insecticides, rodenticides,fertilizers, and adjuvants.
forest products. (8)(a) "Class I waters" means any portions of streams.
(4) "Aquatic area" means the wetted area of streams, lakes, or other waters of the state which are significant
lakes, and wetlands up to the high water level. Oxbows for:
REV.8/3/92
Northwest Oregon Forest Practice Rules
(A) Domestic use, including drinking, culinary and other (A) 1,000 feet from the shoreline of estuaries;and
household human use; (B) 500 feet from the shoreline of coastal lakes.
(B) Angling; (12) "Conflict" means resource site abandonment or
(C) Water dependent recreation;or reduced resource site productivity that the State Forester
(D) Spawning, rearing or migration of anadromous or determines is a result of forest practices.
game fish. (13)"Contaminate"means the presence in the atmosphere,
(b)Thefollowing are included within the meaning of"Class soil,or water of sufficient quantities of chemicals as may
I waters": be injurious to public health, safety, or welfare, or to
(A)The water itself,including any vegetation,aquatic life, domestic, commercial, industrial, agricultural, or
or habitats therein; or recreational uses, or to livestock,wildlife,fish, or other
(B) Beds and banks below the normal high water level aquatic life.
which may contain water,whether or not water is actually (14)"Established seedling"means aseedlingofacceptable
present. forest tree species which has survived two years in the
(9)"Class II special protection waters"(Class I ISP waters) site.
means any Class II waters which have a significant (15) "Estuary"means a body of water semi-enclosed by
summertime cooling influence on downstream Class I land and connected with the open ocean within which
waters which are at or near a temperature at which saltwater is usually diluted by freshwater derived from
production of anadromous or game fish is limited. the land."Estuary"includes all estuarine waters,tidelands,
(10)(a)"Class II waters"means any waters of the state,not tidal marshes,and submerged lands extending upstream
classified as Class I waters,which have a definite channel to the head of tidewater. However,the Columbia River
or bed. Estuary extends to the western edge of Puget Island.
(b)Thefollowing are included within the meaning of"Class (16)"Filling"means the deposit by artil icial means of any
II waters": materials,organic or inorganic.
(A)The water itself, including any vegetation therein;or (17)"Fledging tree"means a tree ortrees close to the nest
(B) Beds and banks below the normal high water level, which the State Forester determines are regularly used
whether or not water is actually present. by young birds to develop flying skills.
(c)"Class I I waters"do not include unchanneled overland (18)"Fertilizers"means any substance orany combination
flow, roadside ditches,puddles,or other surface waters or mixture of substances designed for use principally as
which have no surface outlet. a source of plant food.
(11) "Coastal shorelands"means all lands designated in (19) "Foraging area" means an area (usually a body of
local comprehensive plans as coastal shorelands within water) where bald eagles concentrate their hunting
the area described as: activities.
(a)All lands west of the Oregon Coast Highway described (20)"Foraging perch"means a tree or other structure that
in ORS 366.235, except that: overlooks a portion of a foraging area and is habitually
(A) In Tillamook County, only the lands west of a line used by bald eagles as a vantage point while hunting.
formed by connecting the western boundaries of the (21) "Forest land"means land for which a primary use is
following described roadways: Brooten Road (County the growing and harvesting of forest tree species.
Road 887) northerly from its junction with the Oregon (22)"Herbicides"means any substances used to destroy,
Coast Highway to Pacific City,McPhillips Drive (County repel, or mitigate any weed or to prevent or retard any
Road 915),northedyfrom Pacific City to its junction with undesirable plant growth.
Sandlake Road (County Road 871), Sandlake-Cape (23) "High risk areas"are lands determined by the State
Lookout Road(County Road 871)northerlyto its junction Forester to have a significant potential for destructive
with Cape Lookout Park,Netarts Bay Drive(County Road mass soil movement or stream damage because of
665) northerly from its junction with the Sandlake-Cape topography,geology,biology,soils,or intensive rainfall
Lookout Road (County Road 871) to its junction at periods.
Netarts with State Highway 131 to its junction with the (24)"High risk sites"are specific locations determined by
Oregon Coast Highway near Tillamook. the State Forester within high risk areas.A high risk site
(B)In Coos County,only the lands west of a line formed by may include but is not limited to: slopes greater than
connecting the western boundaries of the following 65%,steep headwalls,highlydissected landformations,
described roadways: Oregon State 240, Cape Arago areas exhibiting frequent high intensity rainfall periods,
Secondary(FAS 263)southerlyfrom its junction with the faulting, slumps,slides, or debris avalanches.
Oregon Coast Highway to Charleston;Seven Devils Road (25)"High water level"means the stage regularly reached
(County Road 33)southerlyfrom itsjunction with Oregon by a body of water at the peak of fluctuation in its water
State 240(FAS 263)to its junction with the Oregon Coast level. "High water level" is often observable as a clear,
Highway,near Bandon; and natural line impressed on the bank.It may be indicated by
(b) All lands within an area defined by a line measured such characteristics as terracing, changes in soil
horizontally; characteristics, destruction of vegetation, presence or
2
REV.8/3/92
Northwest Oregon Region Forest Practice Rules
absence of litter or debris,or other similar characteristics. (b) For the purposes of requesting a hearing under ORS
(26) "Important springs" are springs in and parts of 527.640(4)and ORS 527.700(3),"resource site"is defined
eastern Oregon that have established wetland vegetation, in OAR 629-56-900.
flowyearround inmostyears,are used by a concentration (39) "Riparian management area" is determined under
of diverse animal species, and by reason of sparse OAR 629-24-117 and means an area along each side of
occurrence have a major influence on the distribution a Class I water in which special management practices
and abundance of upland species. are required for the protection of water quality,aquatic
(27)"Inactive roads"are roads used forforest management habitat,and wildlife habitat.It includes the riparian area
purposes exclusive of removing commercial forest and the riparian area of influence.
products. (40)"Riparian area"means the ground area along a Class
(28)"Insecticides"means any substances used to destroy, I water where the vegetation and microclimate are
repel,or mitigate any insect. influenced by perennial or intermittent water,associated
(29) "Key components" means the attributes which are high water tables,and soils which exhibit some wetness
essential tomaintainthe use and productivityof a resource characteristics.
site over time.The key components vary by species and (41)"Riparian area of influence"means the transition area,
resource site.Exam ples include fledging trees or perching within the riparian management area,between the riparian
trees. area-and upland vegetation.It forms the outer edge of the
(30) "Local population" means the number of birds that riparian managementarea.The"riparian area of influence"
live within a geographical area that is identified by the contains trees which may provide shade or contribute
State Forester.For example:the area may be defined by fine or large woody material or terrestrial insects to a
physical boundaries,such as a drainage or subbasin. stream.It also may contain trees that provide habitat for
(31) "Nest tree"means the tree,snag,or other structure wildlife associated with the riparian management area.
that contains a bird nest. The area may be identified by such characteristics as
(32) "Nesting territory" means an area identified by the changeinplant composition,and relative plantabundance.
State Forester that contains, or historically contained, (42)"Rodenticides"means any substance used to destroy
one or more nests of a mated pair of birds. small mammals.
(33) "Perch tree" means a tree identified by the State (43)"Roosting site"means a site where birds communally
Forester which is used by a bird for resting,marking its rest at night and which is unique for that purpose.
territory,or as an approach to its nest (44)"Roost tree"is a tree within a roosting site that is used
(34)"Prior approval"means written approval of the State for night time roosting.
Forester given for specific forest practices before the (45) "Sapling" means live trees of commercial species,
operation begins. Where timing is critical, verbal less than 11 inches DBH,of good form and vigor.
permission may be grantedfollowed by immediate written (46) "Significant summertime cooling influence" means
confirmation. that volume of water that is large enough and at such
(35) "Relief culvert"means a structure to relieve surface temperature that it will maintain or reduce the temperature
runoff from roadside ditches to prevent excessive buildup in a downstream Class I water.
in volume and velocity. (47) "Significant wetlands" means those wetland types,
(36) "Removal" means the taking or movement of any adopted by the Board in OAR 629-56-310, that require
amount of rock, gravel, sand, silt, or other inorganic site specific protection.
substances. (48)"Staging tree"is a tree within the vicinity of a roosting now
(37) "Replacement tree"means a tree or snag within the site that is used for perching by bald eagles before
nesting territory of a bird that is identified by the State entering the roost. UJ
Forester as being suitable to replace the nest tree or (49) "Structural exception" means the State Forester
perch tree when these trees become unusable. determines that no actions are required to protect the
(38) "Resource site" is defined for the purposes of resource site.The entire resource site may be eliminated.
protection and for the purposes of requesting a hearing. (50) "Structural protection" means the State Forester
(a) For the purposes of protection: determines that actions are required to protect the
(A)Forthreatened and endangered bird species,"resource resource site.Examples include retaining the nest tree or
site"is the nesttree,roosttrees,orforaging perch and all perch tree.
identified key components. _ (51) "Temporal exception" means the State Forester
(B)For sensitive bird nesting,roosting and watering sites, determines that no actions are required to prevent
"resource site" is the nest tree, roost tree or mineral disturbance to birds during the critical period of use.
watering place, plus all identified key components. (52) "Temporal protection" means the State Forester
(C)For significant wetlands"resource site"is the wetland determines that actions are required to prevent
and the wetland management area as identified by the disturbance to birds during the critical period of use.
Forester. (53) "Vacated roads" are roads that have been made
3
REV.8/3/92
Northwest Oregon Forest Practice Rules
impassable and are no longer to be used for forest habitat,or wildlife habitat.
management purposes or commercial forest harvesting (3) When the State Forester's prior approval does not
activities. follow the written recommendations of the Department
(54)"Water bar"means a diversion ditch and/or hump in of Fish and Wildlife or other responsible coordinating
a trail or road for the purpose of carrying surface water state agency,the State Forester shall maintain a written
runoff into the vegetation and duff so that it does not gain explanation of the reasons forallowing alternate practices.
the volume and velocity which causes soil movement or (4)The State Forester may grant prior approval to waive
erosion. or modify roles for resource sites identified in OAR
(55) "Waters of the state" include lakes, bays, ponds, 629-56.100 (Threatened or Endangered Fish and
impounding reservoirs, springs, wells, rivers, streams, Wildlife SpecIaL OAR 629.56-200 (Sensitive Bird
creeks,estuaries,marshes,wetlands, inlets,canals,the Nesting, Roosting and Watering Sites), OAR 629.56-
Pacific Ocean within the territorial limits of the State of 300 (Significant Wetlands), or OAR 629.56.400
Oregon,and all other bodies of surface or underground (Biological Sites)when:
waters, natural or artificial, inland or coastal, fresh or (a)The county has an adopted program under OAR 660-
salt,public or private(except those private waters which 16-M and OAR 660.16-010 that has evaluated the
do not combine or effect a junction with natural surface resource sites;and
or underground waters), which are wholly or partially (b)Applying the forest practice roles for the identified
within or bordering the state or within its jurisdiction. resource sites would regulate or prevent operations,
(56) "Wetland management area"is an area adjacent to a or uses, allowed under the acknowledged county
wetland in which special management practices are comprehensive plan.
required for the protection of water quality and quantity, (5) Information only: For threatened or endangered
fish and wildlife. The wetland management area is species, protection standards beyond the Forest
determined by the State Foresteras required in OAR 629- Practices Act may be required by federal authorities
24-699. under the Endangered Species Act. For example, an
(57)"Wetlands"means those areas that are inundated or Incidental take permit may be needed where an action
saturated by surface or ground water at a frequency and could result in a taking.
duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation 629-24-103 CONVERSION TO A NON=FOREST USE.
typically adapted for life in saturated soil conditions. When a landowner wishes to convert his forest land to
Wetlands include marshes, swamps, bogs, and similar another use,he shall accomplish a conversion within the
areas. period required to achieve reforestation, as specified in
(58)"Written plan"means a plan submitted byanoperator, 629-24-402, 629-24-502, and 629-24-602. The
forwritten approval by the State Forester,which describes determination by the State Forester as to whether or not
howthe operation will be conducted,including the means conversion has been accomplished shall be governed by:
to protect resource sites described in ORS 527.710(3)(a) (1)The presence or absence of improvements necessary
(relating to the collection and analysis of resource site for use of the land for the intended purpose.
inventories), if applicable. (2) Evidence of actual use of the land for the intended
629-24-102 COMPLIANCE. purpose.
(1)The operator,landowner,ortimberowner shall comply 629-24-104 ANNUAL REVIEW.The State Forester shall,at
with the practices described In the forest practice least once each year, meet with the other state agencies
rules unless prior approval has been obtained from the concerned with the forest environmentto reviewtheForest
State Foresterforalternate practices which provide equal Practice Rules relative to sufficiency. He shall then report
or better results, to the Board of Forestry a summary of such meeting or
(2)The State Forester may grant prior approval to waive meetings together with recommendations foramendments
or modify forest practice roles when: to rules, new rules, or repeal of rules.
(a) A federal or state agency, or a college or university
submits an application tothe State Foresterfora research 629-24-105 CONSULTATION. State Forestry personnel
project involving activities not in accordance with the shall consult with personnel of other state agencies
rules; concerned with the forest environment situations where
(b)The State Fo rester determines that waiving or modifying expertise from such agencies is desirable or necessary.
a specif ic practice will result in less environmental damage
than if the practice is applied; or 629-24-106 COMPLIANCE WITH THE RULES AND
(c) After consulting with the Department of Fish and REGULATIONS OF THE DEPARTMENT OF
Wildlife or other responsible coordinating state agency, ENVIRONMENTAL QUALITY.Each operation as defined
the State Forester determines that waiving or modifying
a specific practice will improve soil, water quality, fish by ORS 527.620(5) shall be conducted in full compliance
4
REV.813/92
Northwest Oregon Region Forest Practice Butes
with the rules and regulations of the Department of (2)The State Forester may waive the 15 day waiting period
Environmental Quality relating to solid waste control and required in section(1)of this rule,except as prohibited
air, water, and noise pollution control. In addition to all in ORS 527.670(l 0),when the State Forester has already
other remedies,any violation thereof shall be subject to all previewed the operation site orhas otherwise determined
remedies and sanctions available by law,rule,or regulation the operation to have only minor potential for resource
to the Department of Environmental Quality. damage.Such waivers shall be made in writing,and on
an individual notification basis.
629-24-107 NOTIFICATION TO THE STATE FORESTER (3) Once an operation is actually commenced following
-TYPES OF OPERATIONS. proper notification of the State Forester, further
(1)Notification to the State Forester shall be given for the notification under ORS 527.670(6)is not required forthe
following types of operations: following calendar years,provided:
(a) Harvesting of forest tree species including, but not (a)There are no changes in the information required on the
limited to,felling,bucking,yarding,decking,loading or notification;
hauling. (b) The operation actively continues within the first six
(b)Construction,reconstruction and improvement of roads. months of the following calendar year;and
(c)Site preparation for reforestation involving clearing or (c) A valid permit to operate power driven machinery
the use of heavy machinery. required under ORS 477.625 is obtained prior to
(d) Application of insecticides, herbicides, rodenticides, continuation of the operation in the new calendar year.
and fertilizers. Otherwise,the notification is valid only for the calendar
(e) Clearing forest land for conversion to any non-forest year.
use. (4)Notwithstanding section(3)of this rule,nothing in this
(f) Disposal or treatment of slash. rule relieves an operator,landowner or timber owner of
(g) Pre-commercial thinning. the responsibility to comply with ORS477.625,requiring
(h) Cutting of firewood,when the firewood will be sold or a permittooperate powerddven machineryon acalendar
used for barter. year basis;477.685, requiring a permit to clear rights of
(i)Surface mining. way;or321.550 requiring notification of intentto harvest
(2)Notification to the State Forester shall not be required provided to the Department of Revenue through the
for the following types of operations: Department of Forestryforthe purposes of tax collection.
(a) Culturing and harvesting of Christmas trees on land (5)For the purposes of ORS 527.670 a notification will be
used solely for the production of Christmas trees. considered received only when the information required
(b) Routine road maintenance, such as grading, ditch by the State Forester is complete and the necessary
cleaning,culvert cleaning or spot rocking. forms are on file at the Department of Forestry district or
(c) Tree planting or tree seed applications, except when unit office responsible forthe area in which the operation
trees or seeds are treated with rodenticides. will take place.Notifications not properly completedshall
(d)Cutting of firewood,when the firewood will not be sold be promptly returned to the party submitting them.
or used for barter. Properly completed notifications submitted to an incorrect
(e)Harvesting or collection of minorforest products,such Department of Forestry office will be forwarded.
as boughs,cones and hardwood burls. (6) Notifications required by ORS 527.670(6) shall be
(f) Road reconstruction of an emergency nature where completed in detail, on forms.provided by the State
delay for notification procedures presents a greater Forester.When more than one type of operation or more
potential for resource damage than the operation.Within than one location is submitted on a single notification,
PIK 48 hours following the commencement of an emergency each operation unit shall be identifiable as to the type of
NNW road reconstruction operation,the operator shall contact operation,by legal subdivision,maps or other app rop riate
LU
the State Forester and reportthe operation.Upon request means.Operations involving harvesting in more than one
county may not be combined on the same notification for
of the State Forester, the operator shall be able to
demonstrate that an emergency actually existed. tax collection purposes.
(3) Exemption from notification of certain types of (7)The operator, landowner or timber owner,whichever
operations does not relieve the operator's responsibility filed the original notification, shall contact the State
for complying with the applicable forest practice rules. Foresterandreportanysubsequentchangetoinformation
contained in the notification.Additions to the geographic
629-24-108 NOTIFICATION TO THE STATE FORESTER location, however, shall require a separate notification.
- WHEN, WHERE AND HOW. Under the provisions of 629-24-109 STREAM CHANNEL CHANGES.
ORS 527.670: Changes shall not be made in natural fish bearing stream
(1)The operator, landowner or timber owner shall notify courses byfilling,removal,orby relocation of the channel,
the State Forester as required by ORS 527.670(6), at except by written approval from the State Forester.
least 15 days prior to commencement of an operation.
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Northwest Oregon Forest Practice Files
629-24-110 LEAKAGE OR ACCIDENTAL SPILLAGE OF T4S-R7W,thence west to the range line between Ranges
PETROLEUM PRODUCTS. 7 and 8W;thence south along said range line,to the SE
Take adequate precautions to prevent leakage oraccidental corner Section 1,T7S-R8W;thence west 1 mile;thence
spillage of any petroleum products in such a location that south 1 mile;thence west 1 mile;thence south 4 miles to
they will enter waters of the state. the SE comer Section 34,T7S-R8W;thence east i mile;
thence south 2 miles;thence west 2 miles;thence south
629-24-111 SURFACE MINING STANDARDS. 2 miles;thence east 3 miles;thence south 1 mile;thence
(1)The development and use of surface mining operations east 1 mile; thence south 4 miles; thence east 1 mile;
which are located on forest lands,from which materials thence south 9 miles to SE comer Section 32, T10S-
are to be utilized for forest access roads or other R7W;thence west 2 miles;thence south 4 miles;thence
supporting forest management activities, such'as east 1 mile; thence south 6 miles; thence east 1 mile;
riprapping,bridge wing wall diversions,culvert bedding, thence south 1 mile';thence east 1 mile;thence south 1
and other sim il ar activities located on forest land,shall be mile; thence east 2 miles; thence south 1 mile; thence
done in such a manner,as to protect water quality,retail! east 1 mile;thence south along range line between R6W
soil stability,and provide for general safety during mining and R7W 5 miles to SW comer Section 31,T13S-R6W;
operation and after operations have ceased. thence east 1 mile;thence south 3 miles;thence west 1
(2) Surface Mining Practices: mile;thence south along range line between Ranges 6W
(a) Quarry sites shall not be located in streambeds except and 7W to SE comerSection 36,T15S-R7W;thence west
as authorized by ORS 541.605 to 541.645 or OAR 629- one mile; thence south 4 miles; thence west 1 mile;
24-109. thence south 2 miles;thence west 2 miles to NW comer
(b)When reasonable alternatives exist,quarry sites should Section 4,T1 7S-R7W;thence south 5 miles;thence east
be located away from state and federal highway routes. 2 miles;thence south 1 mile;thence east 2 miles to SE
(c) Prevent overburden, solid wastes and petroleum corner Section 36, T17S-R7W; thence south 2 miles;
products from entering waters of the state. thence east 1 mile;thence south 1 mile;thence east 1
(d) Stabilize banks, headwalls, and other surfaces of mile; thence south 1 mile; thence east 2 miles; thence
quarry sites in order to prevent surface soil erosion or south 1 mile; thence east 1 mile; thence south 1 mile;
mass soil movement. thence east 1 mile to NE corner Section 1,T19S-R6W;
(e)When the site is abandoned as a material source,it will thence south along range line between Ranges 5W and
be left in the condition described in subsections(c)and 6W to the SE comer Section 36,T20S-R6W.
(d) above. (4) Southwest Oregon Region Boundary:All land west of
the summit of the Cascade Range as described in the
629-24-112 FOREST PRACTICES REGIONS. Eastern Oregon Region Boundary; south of the south
For the purposes of the Forest Practices rules,the State is boundary of Lane County.
divided into three regions as follows: (5) Southwest Oregon Interior Subregion Boundary:
(1) Eastern Oregon Region Boundary:All land east of the (a) A subregion has been established in recognition of
summit of the Oregon Cascade Range as described by major differences inconditionsof growth andcomposition
the following boundary: Beginning at a point on the of major tree species.
Columbia River near the junction of Interstate 84 and (b) The subregion boundary is described as follows:
State Highway 35,thence southerly along State Highway Beginning at the south boundary of Oregon at the range
35 to the north line of Section 5,T2S-R10E;thence east line between Ranges 8W and 9W,north to the south line
to the NE corner Section 5; thence southeasterly of T40S,thence east across the south boundary of T40S-
approximately 1.5 miles to a point of intersection with R8W;thence north 3 miles;thence east 6 miles;thence
Forest Road No. 1720 in Section 9, T2S-R10E; thence north about 8 miles along the range line between Ranges
easterly along said road and along Forest Road No.44 to 6W and 7W;thence generally easterly along the boundary
the east line of Section 12,T2S-R10E;thence southerly of the Siskiyou and Rogue River National Forests to the
along the western boundaries of Wasco, Jefferson, point of its intersection with the south boundary of
Deschutes, and Klamath Counties to the southern Oregon in T41 S-R1 E;thence east to the east boundary of
boundary of Oregon. Jackson County;thence north along said county line to a
(2) Northwest Oregon Region Boundary: All land west of point paralleling the north boundaryof CraterLake National
the summit of the Oregon Cascade range as described in Park; thence east to the Rogue-Umpqua divide; thence
the Eastern Oregon Region boundary,north of the south westerly along said Rogue-Umpqua divide to the west
boundary of Lane County. boundary of the Umpqua National Forest in T32S-R3W;
(3) Northwest Oregon Coast Subregion Boundary: All thence northerly along said west boundary to the south
lands in the Northwest Oregon Region and west of the Umpqua divide; thence southwesterly along said divide
line beginning at the intersection of the range line between through the City of Myrtle Creek, thence to Nickle
Ranges 6 and 7W,W.M.and the Columbia River,thence Mountain, and thence to the SW corner of T31S-R9W;
south along said range line to the SE comer Section 13, thence southerly along the eastern boundary of the
6
REV.8/3/92
Northwest Oregon Region Forest Practice Rules
Siskiyou National Forest to the south boundary of Oregon; construction techniques,drainage systems,disposal of
thence east to the point of beginning. waste materials,felling and bucking,bufferstrips,yarding
systems and layout,riparian management area protection
629-24-113 WRITTEN PLANS. measures, resource site protection measures and post-
(1)Operators shall obtain written approval from the State operation stabilization measures.
Forester of a written plan, before conducting any (7) Written plans required for resource sites under
operations requiring notification under OAR 629-24- subsection(1)(c)of this rule shall include a description
107,which are: of how the operation shall be conducted to protect the
(a)Within 100 feet of a stream classified as a Class I water. resource site.
The State Forester may waive,in writing,this requirement (8)Modification of the written plan shall be required when,
for a written plan, if the State Forester determines the based on information that was not available or known at
intended forest practice will not directly affect the physical the time the original written plan was approved,the State
components of the riparian management area."Physical Forester determines the approved written plan will no
components"means materials such as but not limited to longer provide for compliance with applicable forest
vegetation,snags,rocks,and soil."Directly affect"means practice rules or adequately address the conflict with the
that physical components will be moved, disturbed, or resource site.Written plans with modifications required
otherwise altered, by the operation activity,even if only under this section shall not be subject to the provisions
temporarily. of ORS 527.670(10)and(11)relating to waiting periods
(b)Within 300 feet of a specific site involving threatened for approval of written plans.
or endangered wildlife species,or sensitive bird nesting,
roosting,orwatering sites;as listed by approximate legal 629-24-115 OPERATIONS ON DESIGNATED COASTAL
description,in a document published by the Department SHORELANDS.
of Forestry titled "Cooperative Agreement Between the Because of unique and special values of the coastal
Board of Forestry and the Fish and Wildlife Commission, shorelands, conduct operations so as to protect the
March 28, 1984". diverse environmental resources of coastal shorelands
(c) Within 300 feet of any resource site identified in OAR and coastal waters.
629-24-700 (Sensitive Bird Nesting, Roosting and (1) Obtain prior approval of the State Forester before
Watering Resource Sites on Forest Lands),OAR 629-24- conducting operations in the designated coastal
800 (Threatened and Endangered Species that use shorelands.
Resource Sites on Forest Lands) or OAR 629-24-1000 (2) Written plans, when required on designated coastal
(Significant Wetlands). shorelands,shall describe the methods that will be used
(d) Within 300 feet of any nesting or roosting site of to protect the diverse natural resources including major
threatened or endangered-species listed by the U.S.Fish marshes, natural shorelands, riparian vegetation,
and Wildlife Service or by the Oregon Fish and Wildlife significant fish and wildlife habitat, soil integrity, and
Commission by administrative rule. water quality.
(2) The State Forester shall notify the operator of the
presence of one of the sites listed in section(1)and the 629-24-116 DESIGNATION OF WATERS; NOTICE TO
requirement of the written plan at any time the State LANDOWNERS; RECONSIDERATIONS.
Forester determines the presence of the above sites. (1)The State Forester shall maintain a map showing the
(3) Written plans required under section (1) of this rule classification of waters of the state in each Department of ..
shall be subject to the hearings provisions of ORS Forestry field office where notice of operations required
527.700(3) (Appeals from orders of State Forester by ORS 527.670(2) may be submitted. The map shall UJ
hearings procedure; stay of operation); and shall be cover the geographic area of responsibility for that field
subject to the provisions of ORS 527.670(10),(11)and office and shall show the classification of waters within
(12) (Commencement of operations; when notice and the geographic area.
written plan required;appeal of plan.)prescribing certain (2)The class of waters indicated on such maps shall not be
waiting periods and procedures. changed by the State Forester without thirty(30) days'
(4) The State Forester may also require the operator to prior written notice to the landowners immediately
submitawritten planwhen an operation involves practices adjoining the portion of the waters to be reclassified.
requiring prior approval. Written plans required under Notice to the landowners shall include the reason forthe
this subsection shall not be subject to the provisions of change of classification and the time within which the
ORS 527.700(3) or ORS 527.670(l 0). (11)and(12). landowner may request reconsideration of
(5)Operators shall comply with all provisions of an approved reclassification.
written plan. (3)Any landowner immediately adjoining portions of waters
(6) A written plan shall contain specific information to be reclassified may request reconsideration of the
applicable to the operation regarding but not limited to reclassification by the State Forester within thirty (30)
location of roads and landings,road and landing design, days of the notice of reclassification.
7
REV.8/3/92
Nlbrtnwest Oregon Forest Practice Iuit; `
(4) The reclassification becomes effective: (c) If planned forest practices are determined to conflict
(a) At the end of thirty (30) days from the notice, if no with protection of the sensitive resource site,the written
landowner requests review; plan shall describe reasonable measures sufficient to
(b)Immediately upon written waiver of reconsideration by resolve the conflict in favor of the resource site.
all landowners immediately adjoining the portion of the Reasonable measures to resolve the conflict in favor of
waters to be reclassified;or the resource site may include, but are not limited to,
(c) Upon denial of reconsideration by the State Forester. preparing and implementing a habitat management plan,
(5)No forest operation shall take place within one hundred limiting the timing of forest practices, redesigning the
(100)feet of a water proposed to be reclassified until the proposed practices in favor of site protection and
reclassification becomes effective or is rescinded upon excluding the forest activities outright.
reconsideration by the State Forester. (d) If planned forest practices are determined not to
conflict withprotection of the sensitive resource site,the
629-24-117 DETERMINING WIDTH OF RIPARIAN written plan shall describe how the operation will be
MANAGEMENT AREA. The boundaries of the riparian conducted in compliance with existing forest practice
management area need not be formed by straight lines. rules.No additional protection measures shall be required
The width of the riparian management area may vary
depending upon topography,vegetative cover,the needs 629-24-120 COMPLIANCE WITH STATUTORY
of harvesting design,and the needs for aquatic and wildlife REQUIREMENTS
habitat.The following requirements apply to determining MOTE:These new laws are printed at the end of these
the width of various types of riparian management areas: administrative rules,beginning on page 21.
(1) Streams:The width of the riparian management area (1)In addition to all othernequiremeatsofadministrative
shall average three(3)times the stream width,but it shall rule promulgated under the Forest Practices Act,
not average less than twenty five (25) feet or average operators,landowners and Umber ownerswhe conduct
more than one hundred(100) feet. Stream width is the forest operations shall comply with the requirements
average of the main channel width of the stream during in:
its high water level flow. (a)ORS 527.740(Clear-cut limitations);
(2) Lakes:The width of the riparian management area for (b)ORS 527.745(Reforestation of clear-cuts);
lakes less than one(1)acre shall average twenty five(25) (c)ORS 527.750(Exceeding clear-cut size limitations);
feet;for lakes one(1)acre or more but less than five(5) (d)ORS 527.755(Scenic highways and visually sensitive
acres,the width shall average fifty(50)feet;for lakes five corridors);
(5)acres or more but less than ten(10)acres,the width (e)Section 5,Chapter 919,Oregon Laws 1991(Live and
shall average seventy five (75) feet; for lakes ten (10) dead wood retention'in clear-cuts greater than 10
acres or more,the width shall average one hundred(100) acresk and
feet. (f)Section 9(3),Chapter 919,Oregon Laws 1991(interim
stream protection requirements).
629-24-118 INTERIM PROCESS FOR PROTECTING (2)Failure to comply with requirements in subsection
SENSITIVE RESOURCE SITES REQUIRING WRITTEN (1)offfdsrole may besubject toany ofthe enforcement
PLANS. mechanisms provided In the Oregon Forest Practices
(1) Protection practices for sites requiring written plans Act under ORS 527.680,527.690,527.990 or 527.992..
under OAR 629-24-113(1)(a)or(1)(d)(WRITTEN PLANS)
are the same as practices applied to any operation
adjoining a Class I water. APPLICATION OF CHEMICALS
(2) Protection practices for sites requiring written plans
under OAR 629-24-113(1)(b)or(1)(c)shall be determined 629-24-200 PURPOSE.
for each site as follows: Chemicals perform an important function in the growing
(a) The State Forester shall notify the operator and and harvesting of forest tree species. The purpose of
landowner of the presence of a site requiring a written these rules is to regulate the handling, storage, and
plan, and request their input into the decision making application of chemicals in such a way that the public
process. health and aquatic habitat will not be endangered by
(b) The State Forester shall, when practical, inspect the contamination of waters of the state.
proposed operation with the landowner or landowner's
representative, the operator, and the appropriate 629-24-201 MAINTENANCE OF EQUIPMENT IN
representative of the Oregon Department of Fish and LEAKPROOF CONDITION.
Wildlife. The State forester shall then determine if the Equipment used for transportation,storage,orapplication
proposed forest practice is in conflict with the protection of chemicals shall be leakproof. If there is evidence of
of the sensitive resource site. chemical leakage, the State Forester shall have the
8
REV.813/92
Northwest Oregon Region Forest Practice Rules
authority to suspend the further use of such equipment form of spray to the area. Do not re-use chemical
until the deficiency has been satisfactorily corrected. containers unless properly treated.Disposal of chemical
containers shall be in accordance with approved state
629-24-202 PROTECTION OFWATER QUALITY DURING disposal requirements.
MIXING OF CHEMICALS.
Whenever water is taken from any stream or water 629-24-207 DAILY RECORDS OF CHEMICAL
impoundment for use in the mixing of chemicals, APPLICATIONS.
precautions shall be taken to prevent contamination of (1)Whenever insecticide or herbicide sprays are applied
the source: on forest land,the operator shall maintain a daily record
(1) Provide an air gap or reservoir between the water of spray operations which includes:
source and the mixing tank;or (a)Name of monitor or name of applicator(pilot or ground
(2) Use a portable pump with the necessary suction hose, applicator);
feed hoses,and check valves to supply tanks with water (b) Location of project;
from streams,such equipment to be used only for water. (c)Temperature (hourly);
(d)Wind velocity and direction (hourly);
629-24-203 PROTECTION OF WATERWAYS,AREAS OF (e) Contractor's name and pilot's name when applied
OPEN WATER,AND DWELLINGS WHEN SPRAYING. aerially; contractor's name and/or employer's name for
(1)The operator shall protect waterways and areas of open ground application;
water such as swamps or impoundments from (f)Insecticides orherbicides used,including name,mixture,
contamination when spraying chemicals by aircraft by application rate, and carrier used;
leaving an unsprayed strip of at least 60feet on each side (9) Disposal method/location of containers.
of every Class I water or area of open water. (2) Whenever rodenticides or fertilizers are applied, the
(2) When applying chemical spray from the ground, the operator shall maintain a daily record of such application
operator shall leave unsprayed a strip of at least ten(10) which includes subsections (1)(a), (b), and (e) of this
feet on each side of every waterway or area of open water. rule,the name of the chemical and application rate.
(3)Chemical spray application inoradjacenttothe riparian (3)The records required in sections(1)and(2)of this rule
area of influence shall be made parallel to waterways,and shall be kept for three(3)years and be made available at
m ust be made p rior to application to the remainder of the the request of the State Forester.
area to be treated.
(4) When applying herbicides by aircraft near inhabited 629-24-208 LANDOWNER'S RESPONSIBILITY TO
dwellings,the operator shall leave an unsprayed strip of DETERMINE WHETHER OR NOT CHEMICALS ARE
at least 60 feet adjacent to such dwellings. CONTAMINATING STREAMS.
(5)No untreated strip is required to be left by the operator Whenever chemicals are applied to forest land, it is the
when applying fertilizers,exceptthat precautions shall be responsibility of the landowner to determine whether or
taken to avoid direct application of fertilizers to Class I notchemicalsarecontaminating streams orother bodies
waters or areas of open water. of water.
629-24-204SELECTIONANDMAI NTENANCEOFMIXING 629-24-209 REPORTING OF CHEMICAL ACCIDENTS.
AND LANDING AREAS. Immediately report all chemical accidents to the State
Mix chemicals or clean tanks or equipment only where the Forester. CZ
chemicals will not contaminate waters of the state.Mixing
areas and aircraft landing areas shall be located where 629-24-210 NOTIFICATION, POSTING OF ACCESS UJ
spillage of chemicals will not contaminate waters of the ROUTES AND ROAD CLOSURE WHEN AERIALLY
state.Ifanychemicalisspilled,immediate andappropriate APPLYING 2,4,5-T OR SILVEX.
action shall be taken to contain or neutralize it. (1) The landowner shall make every reasonable effort to
' 629-24-205 APPLICATION OF CHEMICALS IN notify contiguous landowners of record and residents,
and downstream water users of record within one-half
ACCORDANCE WITH LIMITATIONS. mile of the intended spray area,at leastfifteen(15)days
Apply chemicals only in accordance with currently prior to the spray application. Notification shall be by
recognized limitations of temperature, humidity, wind, registered letter and/or direct personal communication
and other factors specified by the State Forester. and by advertising in the local newspaper.
(2) Boundaries of an aerial spray area shall be posted by
629-24-206 RE-USE AND DISPOSAL OF CHEMICAL the landowner with a sign provided by the State Forester
CONTAINERS. at all points of regular access at least five(5)days prior
Rinse chemical containers with the carrier used in mixing tospraying.Posting shall remain atleastfifteen(15)days
at least three(3)times.Apply the flushing solution in the after spraying is completed.
9
REV.8!3/92
Northwest Oregon Forest Practice Rules
(3) When road closure is feasible, roads leading into or practices to break up or destroy such vegetation.When
contiguous to a spray area shall be closed temporarily to necessary,follow up with application of chemicals and/
public traffic during spraying. Where temporary road or by burning.
closures are not practical,leave a buffer strip at least one (5)If burning isthe means ofslash orcompetitive vegetation
swath width on each side of all regularly traveled public treatment used,it should be accomplished in such ways
roads. (NOTE: Use of 2,4,5-T and Siivex on forest land and at such times that reproduction and residual timber,
was suspended by EPA on February 29, 1979.) humus and soil surface are adequately protected.
(6)(a) No landowner or operator shall bum in a riparian
area along a Class I water.
DISPOSAL OF SLASHING (b)When burning in riparian areas of influence,landowners
and operators shall protect aquatic and wildlife habitat
629-24-300 PURPOSE. such as downed logs and snags.
For the purposes of this rule, treatment of slashing is (7)Whenever disposal of slashing is to be accomplished
recognized as a necessary tool for the protection of by burning, such burning shall be accomplished under
reproduction and residual stands from the risk of fire, -such conditions of weather that will assure adequate
insects, and disease, to prepare the site for future maintenance of air quality. Burning shall be done in
productivity and to minimize the risk of material from accordance with the rules of Oregon's "Smoke
entering streams.Such treatment may employ the use of Management Plan".
mechanical processes,fire,chemical or other means to
minimize competitive vegetation and residue from
harvesting operations. REFORESTATION
629-24-301 MAINTENANCE OF PRODUCTIVITY AND
RELATED VALUES. NOTE: The 1991 Legislature amended the Act,
Operations on forest land shall be planned and conducted significantly changing reforestation requirements
in a manner which will provide adequate consideration to following clear-cutting. Read ORS 527.745,reprinted
treatment of slashing to protect residual stands of timber on page 22.
and reproduction to optimize conditions for regeneration
of forest tree species,to maintain productivity of forest 629-24-500 PURPOSE.
land, and maintain air and water quality and fish and Prompt reforestation of forest land following harvesting
wildlife habitat. operations is an important factor in assuring continuous
(1)Reduce the volume of debris as much as practicable by growing and harvesting of forest tree species on forest
such methods as: lands economically suitable therefore. The purpose of
(a) Well planned and supervised felling and bucking administrative rules relating to reforestation of such
practices to minimize breakage. lands is to define economic suitability, as a basis for
(b) Increased utilization of wood fibre including, but not designating the forest land subject to reforestation
limited to,salvaging,pre-logging,and relogging when a requirements; to describe the conditions under which
market exists. reforestation will be required; to specify the minimum
(c) Stage cutting where applicable, with successive cuts numberof trees peracre and the maximum period of time
delayed until slashing created by previous operations is allowed after an operation for establishment of such
reduced. trees; and to require stabilization of soils which have
(2) In those areas where slash treatment is necessary for become exposed as a result of operations.
protection or regeneration,the following methods may
be used: 629-24-501 LANDS AFFECTED.
(a)Scattering of slash accumulations; Any lands which come within the definition of forest land
(b) Piling or windrowing of slash; and which are capable of a mean annual production of at
(c) Mechanized chopping, compaction, or buying of least 50 cubic feet per acre at culmination as determined
slashing; by Site Index Tables contained in Pacific Northwest
(d) Controlled burning; Forest and Range Experiment Station"Field Instructions
(e)Provisions foradditionalprotectionfromfire during the for Integrated Forest Survey and Timber Management
period of increased hazard. Protect fish habitat when Inventories in Oregon,Washington,and Califomia,1971";
establishing water sources. pages V125-36 are subject to the reforestation
(3) Dispose of or disperse unstable slash accumulations requirements.
around landings to prevent their entry into streams.
(4) When treating competing vegetation, plan harvesting
10
REV.8/3/92
Northwest Oregon Region Forest Practice Rules
629-24-502 STOCKING LEVELS, SUBREGIONS, TIME ROAD CONSTRUCTION
LIMITS. AND MAINTENANCE
(1) Whenever as a result of an operation the stocking is
reduced below either 25 percent, based on estimated 629-24-520 PURPOSE.
crown closure, or 80 square feet of basal area per acre,
of trees 11 inches DBH and larger,the landowner shall A well-located, constructed, and maintained system of
establish at least 150 well distributed seedlings or forest roads is essential if the forest is to reach its
saplings, or any combination thereof, per acre on the potential of supplying jobs,tax base,and wood products
area. for our society,and to provide a means of proper forest
(2)In computing basal area per acre,trees over 36 inches management and protection.The purpose of these rules
DBH will be counted only as 36 inch DBH trees. is to establish minimum standards for forest practices
(3)For the purpose of determining length of time allowed that will provide the maximum practical protection to
for establishment of seedlings or saplings,the Northwest maintain forest productivity,water quality,and fish and
Region shall be divided into two subregions.In the area wildlife habitat during road constructionand maintenance.
west of the summit of the Coast Range,compliance with 629-24-521 ROAD LOCATION.
the minimum stocking standards shall be achieved atthe
end of three growing seasons following operations. In Landowners and operators should locate roadstominimize
thearea eastof thesummitof the Coast Range,compliance risk of material entering waters of the state.
with the minimum stocking standards shall be achieved (1) Fit the road to the topography so that a minimum
at the end of five growing seasons following operations. alteration of natural features will be necessary.
(4) Determination of time for establishment of seedlings (2) Avoid locating roads in steep, narrow canyons, slide
shall be based on completion of the logging operations areas, steep headwalls, slumps, marshes, meadows,
and removal of equipment. When smoke management riparian management areas,orexisting drainage channels
restricts the burning of slash,an extension in writing may where practical alternatives exist. If there is a risk of
be granted by the State Forester. material entering the waters of the state, the operator
shall obtain prior approval from the State Forester.
629-224-503 ACCEPTABLE SPECIES AND VARIANCES. (3) Avoid locating roads on high risk sites if practical
For those lands subject to the reforestation requirement, alternatives exist. Obtain prior approval from the State
the State Forester shall maintain a list of forest tree Forester before building roads on high risk sites.
species acceptable to be counted as stocking. The list (4) Minimize road density in high risk areas whenever
shall consist of those species normally marketable within practical alternatives exist.
the Northwest Region. Red alder or other hardwood (5) Minimize the number of stream crossings.
species shall not be counted as acceptable in stocking (6)When it is practical,cross streams at right angles to the
surveys of lands which have supported adequately stocked main channel.
stands of Douglas fir or other acceptable conifers unless (7)The landowner and operator shall leave or re-establish
a prior altemate plan is approved by the State Forester. areas of vegetation between roads and streams.
(8) Landowners and operators shall not locate roads in
629-24-504 LANDS NOT AFFECTED—ACTION riparian management areas without priorapproval of the
REQUIRED. State Forester.
Within one year following harvesting on lands not subject (9) To minimize road construction, make use of existing
roads where practical. Where roads traverse land in
to the reforestation requirement, and on which
another ownership butwifl adequately serve the operation, CZ
reforestation is not being planned, adequate vegetation attempt to negotiate with the owner for use before
cover shall be established to provide continuing soil resorting to location of new roads.
productivity and stabilization.Considerthe use of wildlife
habitat plans. 629-24-522 ROAD DESIGN.
629-24-505 REHABILITATION OF BRUSH FIELDS. Consistentwith good safety practices,design each road to
Rehabilitation of brush fields or other sites containing the minimum use standards adapted to the terrain and
undesirable species may be accomplished by controlled soil materials, so as to minimize disturbance to existing
burning, chemical application, mechanical clearing, or drainages and damage to water quality.
anycombination.Place debris abovethe high watermark (1) Use a flexible design to minimize damage to soil and
of anywaters of thestate.On mechanical clearing projects, water quality. Designate end-hauling where disposal of
minimize compaction and movement of top soil. excess material from high risk sites is indicated.
(2) Roads should be designed no widerthan necessary to
accommodate the immediate anticipated use.
(3) Design cut and fill slopes to minimize the risk of mass
soil movement.
1t
REV.8/3/92
Northwest Oregon Forest Practice files
(4) Design culvert installations to prevent erosion of the intentionally constructed for protection of road grade
fill. fills.
(5)Design water crossing structures to provide for adequate (10) Keep soil disturbance to a minimum by constructing
fish passage,minimum impact on water quality,and the roads when soil moisture conditions are favorable.
25-year frequency storm. (11)Operators shall not incorporate slash,logs,and other
(6) Design roads to drain naturally by outsloping and large quantities of organic material into road fills where
through grade changes wherever possible. Where fill failure due to organic material decomposition may
outsloping is not feasible, use roadside ditches and impact waters of the state.
culverts.
(7) Provide dips, water bars, and cross drainage on all 629-24-524 ROAD MAINTENANCE.
temporary roads. Maintenance of active and inactive roads shall be sufficient
(8)Whenever practical,avoid diverting waterfrom natural to maintain a stable surface,to keep the drainage system
drainage ways. Dips, water bars, and cross drainage operating,and to protect the quality of the waters of the
culverts should be placed above stream crossings so that state.
water can be filtered througif vegetative buffers before (1) Clean culvert inlets and outlets, drainage structures
entering waters of the state. and ditches before and during the rainyseason to diminish
(9) Provide drainage where surface and groundwater danger of clogging and the possibility of washouts.
cause slope instability. Providefor practical preventative maintenance programs
(10)Select stable areas for disposal of end-haul materials. forhigh risk sites that will address the problems associated
Avoid overloading areas which may become unstable with high intensity rainfall events.
from additional material loading. (2)Restore road surface crown or outslope all roads prior
(11) Design roads so that water is not concentrated into to the rainy season.
high risk sites. (3)When it is the intention of the landowner to discontinue
active use of the road or to control unauthorized use,the
629-24-523 ROAD CONSTRUCTION. road shall be maintained to the degree necessary to
Debris, overburden, and other materials associated with provide appropriate drainage and soil stability.
road construction shall be placed in such a manner as to (4) When it is the intention of the landowner to vacate a
prevent entry into the waters of the state. Landowners road to "put-a-road-to-bed", the road shall be posted
and operators shall: "closed"; shall be blocked to prevent continued use by
(1) Deposit end-haul and other excess material in stable vehicular traffic;and the road shall be left in such a state
locations above the high water level. as to provide for adequate drainage and soil stability.
(2)Clear drainage ways of woody debris generated during (5) Plan applications and apply road oil or other surface
road construction and maintenance. stabilizing material in such a manner as to prevent their
(3) Place woody debris or boulders in stream channelsfor entry into waters of the state.
stream habitat enhancement only upon prior approval of (6)Maintain and repair active and inactive roads as needed
the State Forester. to minimize damage to waters of the state.
(4)Stabilize exposed material which is potentially unstable (7)Place material removedfrom ditches in astable location.
or erodible by use of seeding, compacting, riprapping,
benching,leaving light slashing,orother suitable means.
(5) In the construction of road fills,compact the material HARVESTING
to reduce the entry of water and minimize the settling of
fill material.
(6) Construct stream crossings to result in minimum
disturbance to banks, existing channels, and riparian 629-24-540 PURPOSE.
management areas.Temporary crossing structures shall Harvesting of forest tree species is a key part of forest
be removed promptly after use and, where applicable, management by which wood is obtained for human use
approaches to the crossings shall be water barred. and forests are established and tended. Harvesting
(7)Keep machine activity in beds of streams to an absolute operations are recognized as causing a temporary
minimum.Such activity shall be restricted to periods of disturbance to the forest environment. These rules are
lowwaterlevels.Priorapproval of the State Forestershall established as minimum standards forforest practicesto
be obtained for machine activity in Class I waters. maintain the productivity of the forest land, to minimize
(8) Install drainage structures on live streams as soon as soil and debris entering waters of the state,and to protect
feasible. Uncompleted road grades subject to washing wildlife and fish habitat.
should be adequately crossdrained.
(9)Retain outslope drainage during construction operations
and remove all berms on the outside edge,except those
12
REV.8/3/92
Nort'ivvedt Oregon Region Forest Practice mules
629-24-541 PROTECTION OF RESIDUAL TREES. 629-24-545 TREATMENT OF WASTE MATERIALS.
On any operation, trees left for future harvest shall be (1) Landowners or operators shall leave or place debris,
adequately protected from damage resultingfrom damage overburden, and other waste material associated with
resultingfrom harvest operations to assure their survival harvesting in such a location as to prevent its entry by
and growth. This may be done by locating roads and erosion, high water, or other means into waters of the
landings and by conducting felling,bucking,yarding,and state.
decking operations so as to minimize damage to or loss (2) Landowners and operators shall fell trees in a manner
of residual trees. to minimize breakage.
(3) Landowners or operators shall stabilize potentially
629-24-542 SOIL PROTECTION. unstable or erodible soils by seeding or other suitable
Select for each harvesting operation the logging method, means and shall consider using game forage plants.
size of equipment,and type of equipment best adapted to (4) The landowner or operator shall remove waste from
the given slope,landscape,and soil materials to minimize logging operations, such as crankcase oil, filters, and
soil deterioration. grease and oil containers,from the forest and dispose of
(1) Avoid tractor or wheel skidding on unstable, wet, or other debris,such as machine parts,old wire rope, and
easily compacted soils,and on slopes which exceed 35 used tractortracks,immediately following termination of
percent, unless operations can be conducted without harvesting operations. Landowners or operators shall
causing deep soil disturbance or accelerated erosion. not place these materials in waterways.
(2) Locate skid trails where.sidecasting is kept to a
minimum. 629-24-546 PROTECTION OF WATERS OF THE STATE.
(3) Uphill cable yarding is recommended. Use a yarding NOTE:The 1991 Legislaturesomdedthe Act providing
system that will minimize soil disturbance when downhill additlonaistren protection.Read Sectiong,reprinted
yarding or when yarding across high risk sites. on page 24.
(4)Where skidders are used,considersize of the equipment (1)Any landowner,operator,or timber owner conducting
needed to do the job. an operation shall retain a riparian management area
along each side of Class I waters.The riparian management
629-24-543 LOCATION OF LANDINGS, SKID TRAILS, area is recognized as having a unique concentration of
AND FIRE TRAILS. public values including timber, wildlife habitat, aquatic
(1)Landings shall be of minimum size and shall be located habitat,and soil and water quality values.OAR 629-24-
on stable areas to minimize the risk of material entering 546 is designed to recognize the public's interest in
waters of the state. growingandharvestingtimberintheriparian management
(2)Landowners and operators shall not locate landings in area, while protecting the soil, water quality, aquatic
riparian management areas without prior approval of the habitat, and wildlife habitat resources found therein.
State Forester.landings shall be located on firm ground During and after harvesting operations,waterways and
above the high water level of any stream. Landings shall riparian area vegetation shall be protected to assure the
not be placed on unstable areas,on steep side hill areas, protection of water quality, soil, wildlife habitat, and
or where excessive excavation is needed. aquatic habitat values.
2 In order to implement the provisions of ORS 527.630
(3)Skid trails and fire trails shall be located so they are not ( )
within the riparian management area,except when using and OAR 629-24-546(1),the landowner or operator shalt
temporary crossings specified in 629-24-546(2)(a),and conduct operations in riparian management areas using
with the prior approval of the State Forester. the following practices:
(a)Avoid tractor skidding in or through any stream.When LJJ
629-24-544 DRAINAGE SYSTEM. streams must be crossed, provide adequate temporary
For each landing, skid trail, or fire trail, provide and structures to carry stream flow. Remove all temporary
maintain a drainage system that will control the dispersal crossings immediately after use and, where applicable
of runoff water from such exposed soils, and that will water bar road ends.
minimize the entry of muddy and turbid water into the (b) Avoid cable yarding through any Class I water.When
waters of the state. yarding across such waters is necessary,it shall be done
(1) Provide and maintain cross drains, dips, water bars, by swinging the yarded material free of the ground in the
and other water diversions to prevent soil from entering aquatic and riparian areas, and in a manner to avoid
waters of the state. unnecessary disturbance to the riparian area of influence.
(2)Divert orwater bar all tractor orskiddertrails before the (c)Prior to skidding,yarding,or operating machinery in or
rainy season. through any Class I water,the landowner,timber owner,
(3) Leave or place debris and re-establish drainage on or operator shall obtain prior approval of the State
landings after use to guard against future soil movement. Forester.
13
REV.8/3/92
i orthwest Oregon Forest Practice ibl s
(d)Cable yarding across Class II waters shall be done in a 23 Feet 70 Feet 14 15
way which minimizes disturbance to the channel and the 25 Feet 75 Feet 15 16
streambank vegetation. 27 Feet 80 Feet 15 17
(e) In addition to other requirements for Class II waters, 28 Feet 85 Feet 16 18
operators shall leave 75 percent of the original shade 30 Feet 90 Feet 17 19
along Class IISP waters. 32 Feet 95 Feet 19 21
(3) The operator shall provide for shade,wildlife habitat, 33 Feet or more 100 Feet 21 23
soil stabilization, and water filtering effects of forest
vegetation in riparian management areas adjacent to (e)Limit machine and yarding activity in the riparian area
Class I waters by applying the following practices. to the minimum required to remove timber harvested
(a)Maintain an average of 75 percent of the preoperation from the area.
shade over the aquatic area along Ulass I waters. (f) Limit machine activity in the riparian area of influence
(b) Retain at least 50 percent of the preoperation tree tothatwhich is necessaryto remove trees and successfully
canopv in the riparian area along Class 1 waters. achieve reforestation.
(c) Except for snags defined to be a safety hazard by the (g) Timber felled within the riparian management area
rules of Workers' Compensation Department,Accident shall be directionally felled away from the waters.
Prevention Division(OAR Division 80),or afire hazard by (h) Residual trees and plants may be-removed from the
the State Forester,leave all snags and down timber in the riparian management area where necessary to improve
aquatic area and riparian area along Class I waters.In the future wildlife and aquatic habitat with the prior approval
riparian area of influence along Class I waters, leave all of the State Forester.
snags and down unmerchantable timber,except for the (i)Practices in paragraphs(3)(b),(c),and(d)do not apply
safety and fire hazard snags identified above.Stands of to waters designated as Class solely because of domestic
blown down timber,snags and down timberinfested with use.
insects or disease,or killed by fire,may be removed with (4)Fell,buck,and limb trees so that the tree or any part of
the prior approval of the State Forester. it will notfall into oracross any Class 1 water,and remove
(d) Retain live conifers in the riparian management area all material that gets into such water as an ongoing
along Class I waters at least according to the following process during harvesting operations. Place removed
conditions and standards: material above high water level.The State Forester may
(A) Conifers shall be retained in the one-half(1/2)of the waive this requirement in writing when material is placed
riparian management area closest to the water(orwithin in Class I waters for habitat enhancement purposes.
an average of 25 feet of the water,whichever is greater); (5)(a)As a minimum,the operator shall fell all trees away
(B) The conifers must be a minimum of 8 inches in from Class II waters whenever possible. Remove slash
diameter breast high,comprising at least 10 square feet that gets into the water following forest operations,
of basal area per acre in the aggregate; unless waived by the State Forester for habitat
(C) In computing basal area, trees over 20 inches in enhancement.
diameter breast high shall be counted only as 20 inch (b) If slash enters a Class II water as a result of felling,
diameter trees; bucking, limbing, or yarding, remove such material in
(D)Trees may be cull or nonmerchantable due to quality; connection with the yarding activity,unless such removal
(E)Conifer trees left to comply with paragraphs(3)(a)and is waived in writing by the State Forester. The State
(b) of this section are included in satisfying the live Forester may waive slash removal based on the absence
conifer requirement; of any threat to water quality,or aquatic habitat,orthreat
(F)Conifer trees shall be retained at the following rates on of mass soil movement. The removal of slash shall be
each side of Class I streams oralong other Class I waters: completed within 14 days if yarding activity has been
completed or discontinued.
Average Stream Average Riparian Conifers per Basal Area (6) Retain or re-establish undergrowth vegetation along
Width Management Area 1,000 feet per 1,000 Class II waters in widths sufficient to maintain water
Width feet
quality of Class I waters.
8 Feet or less 25 Feet 5 6 629-24-547 SITE UTILIZATION.
10 Feet 30 Feet 6 7
12 Feet 35 Feet 7 8 When harvesting plans include leaving a residual stand,
13 Feet 40 Feet 8 9 reserved growing stock should be of desirable species,
15 Feet 45 Feet 9 10 form,vigor,and crown position which will assure adequate
17 Feet 50 Feet 10 11 utilization of the site for efficient production of forest
18 Feet 55 Feet 11 12 products.
20 Feet 60 Feet 12 13
22 Feet 65 Feet 13 14
14
REV.8/3/92
Northwetf Oregon Region Forest Practice Fines
629-24-548 MAINTENANCE OF PRODUCTIVITY AND SPECIFIED RESOURCE SITES
RELATED VALUES. ON FOREST LANDS
Design harvesting practices to assure the continuous
growing and harvesting of forest tree species by suitable 629-24-690 PURPOSE. These rules provide a protection
economic means,and also to protect soil,air,water,and
wildlife resources. goal,describe the duties of the State Forester,landowner,
(1)Where major scenic attractions,highways,recreation timber owner and operator,and outline protection for:
areas, or other high use areas are located within or (1)Sensitive Bird Nesting,Roosting and Watering Resource
traverse forest land, conduct prompt cleanup and Sites (OAR 629-24-700);
regeneration. (2)Threatened and Endangered Fish and Wildlife Species
(2) Obtain prior approval from the State Forester before that use Resource Sites on Forest Lands (OAR 629-24-
operating near or within: 800);
(a)Critical wildlife or aquatic habitat sites that are listed in (3) Biological Sites that are Ecologically and
a cooperative agreement between the Board of Forestry Scientifically Significant(OAR 629.24.900);and
and the Fish and Wildlife Commission,orsites designated (4) Significant Wetlands on Forest Lands (OAR 629-24-
by the State Forester;or 1000).
(b)Habitat sites of anywildlife or aquatic species classified
by the Department of Fish and Wildlife as threatened or 629-24-695 PROTECTION GOAL FOR A
endangered. RESOURCE SITE.
(3) When conducting operations in or along wetlands or (1)The goal of resource site protection is to ensure that
along lakes,springs,seeps,or wet meadows,protect soil forest practices do not lead to resource site destruction,
and vegetation from disturbances which would cause abandonment or reduced productivity.
adverse effects on water quality, quantity, and wildlife (2)A resource site shall receive protection when the State
and aquatic habitat. Forester determines:
(4) Whenever practical, plan clearcutting operations so (a) It is an active resource site;and
that adequate wildlife escape cover is available within (b) Proposed forest practices conflict with the resource
one-quarter mile from any portion of the clearcut unit. site.
(5) Minimize compaction and movement of top soil on (3)The State Forester may grant an exception from either
mechanical clearing projects. Place debris above the structural or temporal protection as determined by the
high water mark of any stream or body of open water. Board for each species or resource site.
(6) Slash, logs, and other large quantities of organic
material shall not be incorporated into landing fills where 629-24-699 APPLICATION OF PROTECTION AND
fill failure due to organic material decomposition may EXCEPTION RULES; STATE FORESTER DUTIES;
impact waters of the state. LANDOWNER, TIMBER OWNER AND OPERATOR
(7)Whenever practical, retain snags for wildlife habitat. DUTIES.
629-24-549 HARVESTING ON HIGH-RISK SITES. (1)When alandowner,timber owner or operator proposes
an operation near a resource site that requires special
(1) Obtain prior approval from the State Forester before protection,the State Forester shall inspect the resource
conducting harvesting operations on high risk sites. site with the landowner or landowner's representative,
(2) Written plans, where required for harvesting in high the operator and when available, the appropriate "
risk sites,will describe how harvesting operationswill be representative of the Oregon Department of Fish and
conducted to minimize impact upon soil and water Wildlife.The State Forester shall: UJ
resources. Such written plans will consider all actions (a) Identify the resource site.
necessary to minimize such impacts, including but not (b)Apply the protection goal in OAR 629-24-695.
limited to the following: (A)If the proposed forest practices do not conflictwith the
(a)Yarding systems that will minimize soil disturbance; resource site, the operation will not be subject to the
(b) Establishing or maintaining plant species that will protection requirements for the resource site. The
enhance slope stability in harvested areas where needed operation shall be conducted in compliance with all other
to minimize the risk of mass soil movement while existing forest practice rules.
maintaining forest productivity. (B) If the proposed forest practices conflict with the
resource site, the structural and temporal protection
requirements for the resource site shall be required to
eliminate the conflict.
(C) When the proposed forest practices conflict with a
resource site, the landowner or operator may request a
structural or temporal exception, if the applicable
administrative rule provides for such an exception.
15
REV.8/3/92
Northwest Oregon Forest Practice RbTes"
(D)The State Forester shall document and maintain on file the State Forester determines that the operations will not
the reasons for granting or denying all exceptions. cause the birds to flush from these trees. The critical
(2) If the proposed operation conflicts with the resource period of use may be modified in writing by the State
site,the operator shall obtain approval of a written plan Forester after the resource site is evaluated as per OAR
from the State Forester before starting operations.The 629-24-705.
written plan shall comply with the requirements of OAR (3)The StateForestershallnotpermitstructuralexceptions
629-24-113, Written Plans. for the resource site.
(3) When an approved written plan does not follow the (a) Removal of a resource site may be permitted if
written recommendations of the Department of Fish and replacement nest trees, artificial structures, or
Wildlife or other responsible coordinating state agency, replacement key components are provided bythe operator
the State Forester shall maintain on file a written or landowner. Replacement is not considered an
explanation of the reasons for: exception, since the productivity of the nesting territory
(a) Differences in the identification of the resource site, is maintained. Replacement may be considered by the
and State Forester when:
(b) Different protection levels required for the resource (A)Alternate forest practices which retain and protect the
site. resource site are not economically feasible; and
(4) When a resource site is discovered by the operator, (B)The productivity of the nesting territory is not reduced.
timber owner or landowner during a forest operation,he (4) Temporal exceptions for the resource site may be
or she shall: permitted by the State Forester when these criteria are
(a)Immediately protect all remaining trees within 300 feet met:
of the resource site until the State Forester approves a (a) Nest disruption or failure for a season does not affect
written plan for the resource site; and the local population; and
(b) Immediately notify the State Forester. (b)Thereare no economically feasible forest practices that
avoid disturbance to the resource site during the critical
period of use.
SPECIES USING SENSITIVE BIRD NESTING, (5)Factors considered by the State Forester before granting
ROOSTING AND WATERING SITES a temporal exception under section(4)shall include,but
are not limited to:
(a) The size of the local population;
629-24-700 The following species use sensitive bird nesting, (b)The contribution of the resource site in question to the
roosting and watering resource sites: local population;and
(1) Osprey use sensitive bird nesting sites. (c)The feasibility of alternate forest practices that do not
(2) Great blue herons use sensitive bird nesting sites. cause disturbance.
(6) The State Forester shall document all requests and
629-24-710 OSPREY RESOURCE SITES; KEY decisions concerning structural ortemporal exceptions.
COMPONENTS;PROTECTION REQUIREMENTS;AND All permitted structural replacements shall be
EXCEPTIONS. documented.
(1)For osprey,the resource site is the active nest tree and
any identified key components. 629-24-711 GREAT BLUE HERON RESOURCE SITES;
(a)An active nest tree is one that has been used by osprey KEY COMPONENTS;PROTECTION REQUIREMENTS;
within the past five nesting seasons. No protection is AND EXCEPTIONS.
required for abandoned resource sites. (1)For the great blue heron,the resource site is the active
(b)The key components associated withan ospreyresource nest tree(s) and any identified key components.
site are perching and fledging trees and replacement (a)An active nest tree is one that has been used by one or
trees. more pair of great blue heron within the past three
(2)When the State Forester identifies the resource site as nesting seasons. No protection is required for an
per OAR 629-24-705, the operator shall provide the abandoned resource site.
following protection measures: (b)The key components associated with a great blue heron
(a) During forest operations, the resource site shall be resource site are the nest tree(s), a vegetative buffer
retained and protected from damage.The operation shall around the nest tree(s) including perching and fledging
be designed to protect these trees from windthrow. trees,and replacement tree(s).
(b)During the critical period of use,the active nesttree and (2) The operator shall provide the following protection
any perch tree identified as a key component shall be measures when operating within or near a great blue
protected from disturbance. From March through heron resource site:
September, forest operations shall not be permitted (a) During and after forest operations, the resource site
within 600feet of the active nest tree or perch tree unless shall be retained and protected from damage. The
16
REV.8/3/92
Norte .vs_-4i Oregon Region Forest Practice ttuies
operation shall be designed to protect the key components (3) Bald eagle roosting sites.
from windthrow. (4) Bald eagle foraging perches.
(b) During the critical period of use, operations shall be
designed and conducted so as not to disturb great blue 629-24-810 INTERIM REQUIREMENTS FOR NORTHERN
herons using the key components. From February 15 SPOTTED OWL NESTING SITES
through July 31,forest operations shall not be permitted (1) Whenever the State Forester determines that an
within 1/4 mile of the active nest tree(s)unless the State operation will conflict with protection of a nesting site of
Foresterdeterminesthatthe operations will notcause the the northern spotted owl(Strix occidentalis caurina),the
birds to flush from these trees.The critical period of use operator must obtain the State Forester's approval of a
may be modified by the State Forester afterthe resource written plan before commencing the operation.The written
site is evaluated following OAR 629-24-705. plan,ata minimum,must address howthe operation will
(3) Structural exceptions for the resource site may be be conducted to provide for the following:
permitted by the State Forester when these criteria are (a) A 70 acre area of suitable spotted owl habitat
met: encompassing the nest site,to be maintained as suitable
(a)The site contains five nests or fewer, spotted owl habitat.
(b)The State Forester determines that loss of the site will (b) Prevention of disturbances resulting from operation
not adversely affect the local population; and activities which cause owls toflush from the nesting site.
(c) There are no economically feasible alternatives that Such disturbances must be prevented during the critical
maintain the key components. period of use for nesting.The critical period of use is the
(4)Factors considered by the State Forester before granting time period between March 1 and September 30, each
a structural exception to protection of a great blue heron year.
resource site shall include, but are not limited to: (2) For the purposes of this rule, nesting site means and
(a)The sae of the site (number of nests); includes the tree,when known,containing a spotted owl
(b)The size of the breeding population in the local area; nest;or when not specifically known,includes an activity
(c)The productivity of great blue herons in the local area; center of a pair of adult spotted owls.An activity center
(d) The contribution of the site to local productivity; is a location determined by the State Forester to have
(e) The probability that protection measures will be been reliably identified as being occupied byan adult pair
successful; of spotted owls,capable of breeding.Such determination
(f) Available alternate nesting sites; and must be supported by repeated observation of the owls
(g) Whether alternatives that protect the site are in close proximity or observation of nesting behavior.
economically feasible. (3)(a) For the purposes of this rule, suitable spotted owl
(5)Temporal exceptions to protection of a greatblue heron habitat means and includes:
resource site may be permitted by the State Forester (A)A stand of trees with moderate to high canopy closure
when: (60 to 80 percent);a multi-layered,multi-species canopy
(a)The State Forester determines that nest disruption or dominated by large overstory trees (greater than 30
fail urefora season or site abandonment will notadversely inches in diameter at breast height);a high incidence of
affect the local population;and large trees with various deformities(e.g.,large cavities,
(b)There are no economically reasonable alternatives that broken tops,and otherevidence of decadence);numerous
will not disturb the birds during the critical period of use. large snags;large accumulations offallentrees and other
(6)Factors considered bythe State Foresterbefore granting woody debris on the ground;and sufficient open space NNW
a temporal exception shall include,but are not limited to: below the canopy for owls to fly;or,
(a)The size of the site (number of nests); (B) In the absence of habitat which exhibits all the Uj
(b)The size of the breeding population in the local area; characteristics listed above,the available forested habitat
(c)The productivity of great blue herons in the local area; which comes closest to approximating the listed
(d) The contribution of the site to local productivity;and conditions.
(e) Whether alternatives that protect the site.are (b) Stands which do not exhibit at least two of the
economically feasible. characteristics listed in subparagraph (3)(a)(A) above
are not suitable habitat.
(4) (For information only) Federal law prohibits a person
RESOURCE SITES USED BY THREATENED from taking northern spotted owls. Taking under the
AND ENDANGERED SPECIES federal law may include significant alteration of owl
habitat on any class of land ownership.Compliance with
subsection(1)of this rule is not in lieu of compliance with
629-24-800 The following resource sites used by threatened anyfederal requirements related to the federal Endangered
or endangered species are sensitive to forest practices: Species Act.
(1) Northern spotted owl nesting sites. (5)Exceptions to the requirements for protecting northern
(2) Bald eagle nesting sites. spotted owl nesting sites may be approved by the State
17
REV.8/3/92
Nkorthwest Oregon Forest Practice Rbies"
Forester if the operator has obtained an incidental take 629-24-812 BALD EAGLE ROOSTING SITES; KEY
permit from federal authorities under the federal COMPONENTS;PROTECTION REQUIREMENTS;AND
Endangered Species Act. EXCEPTIONS.
629-24-811 BALD EAGLE NESTING SITES; KEY (1) For bald eagle roosting sites,the resource site is the
active roost trees, probable roost trees as identified by
COMPONENTS;PROTECTION REQUIREMENTS;AND
EXCEPTIONS. the State Forester,and all identified key components.
(a)An active roosting site is one that has been used within
(1) For bald eagle nesting sites, the resource site is the the past 5 years for roosting by bald eagles.No protection
active nest tree and all identified key components. is required for an abandoned bald eagle roosting site.
(a) An active nest tree is one in which a bald eagle has (b) The key components associated with a bald eagle
nested in the past,and that the State Forester determines roosting site are staging trees, probable roost trees as
to be structurally capable of successful future use,whether identified by the State Forester, and a forested buffer
or not the tree still contains a nest. around the roost trees. The forested buffer must be
(b) An active nest tree may fall down or may become adequate to maintain suitable microclimate conditions
structurally incapable of supporting a bald eagle nest around the roost trees.
site.When this happens the nesting resource site shall be (2) The operator shall provide the following protection
considered active and shall be protected foran additional measures when operating within or near a bald eagle
five (5) years only if the site contains suitable nesting roosting site:
sites. In this case, if a nesting resource site is not used (a) During and after forest operations, the resource site
during this five-year period,the site shall be considered shall be retained and protected from damage. The
abandoned and no protection will be required. operation shall be designed to protect the trees from
(c) The key components associated with a bald eagle windthrow.
nestingsite are perching and fledging trees,replacement (b) During the critical period of use, operations shall be
nest trees, and a forested buffer around the nest tree. designed and conducted to not disturb bald eagles using
(2) The operator shall provide the following protection the resource site:
measures when operating within or near a bald eagle (A) Except as provided in subparagraph (8), during the
nesting site: critical period of use,operations shall not be permitted
(a) During and after forest operations, the resource site within one-quarter(1/4) mile of the active most trees.If
shall be retained and protected from damage. The the eagles have line-of-sight vision from these trees to
operation shall be designed to protect the trees from the operation,the distance is one-half(1/2) mile.
windthrow. (B) If the State Forester determines through approval of a
(b) During the critical period of use, operations shall be written plan that the operations will not cause the birds
designed and conducted to not disturb bald eagles using to flush from trees identified in subparagraph (A),then
the resource site: there is no conflict and the distance restrictions in
(A) Except as provided in subparagraph (B), during the subparagraph (A) may be modified.
critical period of use,operations shall not be permitted (C)The critical period of use for bald eagle roosting sites
within one-quarter(1/4) mile of the active nest tree or in the Klamath Basin is October 31 through March 31.In
perch trees. If the eagles have line-of-sight vision from otherareas of Oregonthe critical period of use is November
these trees to the operation,the distance is one-half(1/ 15 through March 15.The specific critical period of use
2) mile. for individual roosting resource sites maybe modified in
(B) If the State Forester determines through approval of a writing by the State Forester depending upon the actual
written plan that the operations will not cause the birds dates that bald eagles are present at the resource site and
to flush from trees identified in subparagraph (A),then are susceptible to disturbance.
there is no conflict and the distance restrictions in (3)Structural or temporal exceptions for the resource site
subparagraph (A) may be modified. may be permitted by the State Forester if an applicable
(C)The critical period of use is January 1 through August incidental take permit has been issued by the U. S. Fish
31. The specific critical period of use for individual and Wildlife Service.
nesting resource sites may be modified in writing by the
State Forester depending upon the actual dates that bald 629-24-813 BALD EAGLE FORAGING PERCHES; KEY
eagles are presentatthe resource site and are susceptible COMPONENTS;PROTECTION REQUIREMENTS;AND
to disturbance. EXCEPTIONS.
(3)Structural or temporal exceptions for the resource site (1)For bald eagle foraging perches,the resource site is the
may be permitted by the State Forester if an applicable active foraging perch.An active foraging perch is one that
incidental take permit has been issued by the U. S. Fish is habitually used by eagles as a vantage point while
and Wildlife Service. hunting. No protection is required for abandoned bald
eagle foraging perches. The presence or absence of
18
REV.8/3/92
Nork,..#,,4t Oregon Region Forest Practice Aules
foraging perches within or near a foraging area shall be hydrological changes, and to maintain components of
determined by the State Forester when the Forester the vegetation structure to provide for other benefits,
conducts an operation inspection. particularly fish and wildlife values.
(2) The operator shall provide the following protection
measures when operating near a bald eagle foraging 629-24-1100 SIGNIFICANT WETLAND TYPES. The
perch: following wetland types are adopted as significant wetlands
(a) During and after forest operations,the foraging perch by the Board in OAR 629-56-310:
shall be retained and protected from damage. The (1)Wetlands that are larger than 8 acres;
operation shall be designed to protect the foraging perch (2) Estuaries;
from windthrow. (3) Bogs;and
(b) During the critical period of use, operations shall be (4) Important springs in eastern Oregon.
designed and conducted so they do not cause excessive
disturbance to bald eagles using the foraging area.The 629-24-1200 PROTECTION OF SIGNIFICANT
critical period of use shall be determined on a site specific WETLANDS.
basis.The critical period of use varies for each bald eagle (1) OAR 629-24-1300 through 629-24-1650 list the
foraging area,depending upon whether the foraging area significant wetland types and outline the protection rules.
is used by nesting,wintering,or migrating bald eagles. (2)OAR 629-24-1900 through 629-24-1940 fully describe
(3)Temporal exceptionsfor entire foraging areas shall not the four categories of soil and hydrology protection,
be permitted by the State Forester.Temporal protection understory vegetation retention, snag and down wood
is determined by evaluating the potential disturbance to retention,and live tree retention.
the entire foraging area used by a breeding pair or
wintering population of bald eagles. Disturbance at a 629-24-1300 WETLANDS LARGER THANEIGHTACRES:
singleforaging perch inaforaging area may bedetermined NON-FORESTED WETLAND PROTECTION RULES.
by the State Foresterto not cause a conflict.This evaluation For non-forested wetlands larger than eight acres, the
shall be based on the number of alternative foraging operator shall provide the following to the wetland and
perches in the bald eagle foraging area. wetland management area extending outward 100 feet
(4)Structural exceptions for an active foraging perch may from the wetland:
be permitted if the State Forester determines that adequate
replacement foraging perches will remain in the vicinity (1) Soil and hydrology protection(OAR 629-24-1910);
after completion of the forest operation. (2) Understory vegetation retention(OAR 629-24-1920);
(3) Snag and down wood retention (OAR 629-24-1930);
and
SIGNIFICANT WETLANDS (4) Live tree retention (OAR 629-24-1940).
ON FOREST LANDS 629-24-1350WETLANDSLARGER THANEIGHTACRES:
FORESTED WETLAND PROTECTION RULES.
629-24-1000 PURPOSE AND GOAL. (1) For forested wetlands larger than eight acres, the
(1)The purpose of these rules is to protect the functions operator shall provide the following to the wetland and a
and values of significant wetlands on forest lands. wetland management area extending outward 100 feet
Significant wetlands on forest lands provide a wide range from the wetland:
of functions and values,including those related to water (a)Soil and hydrology protection (OAR 629-24-1910); ""'
quality and quantity,fish and other aquatic organisms, (b) Understory vegetation retention(OAR 629-24-1920);
Uj
and wildlife. (c) Snag and down wood retention (OAR 629-24-1930);
(2)Thegoalof significantwetlands protection isto maintain and
the functions and values of significant wetlands on forest (d) Live tree retention (OAR 629-24-1940).
lands overtime and to ensure that forest practices do not (2)The functions and values of forested wetlands varywith
lead to resource site destruction or reduced productivity, species composition, stocking levels, and geographic
while at the same time ensuring the continuous growth location. The operator is encouraged to develop a site-
and harvest of forest tree species.In order to accomplish specific alternate plan that allows for changes to the live
this,the rules focus on the protection of soil,hydrology, tree retention requirements in subsection (1)(d) of this
and specified levels of vegetation.The intent of the rules rule and that provides equal or better protection of
is to minimize soil disturbance and to minimize wetland functions and values and addresses operational
disturbance to the natural drainage patterns of the concerns.
significant wetland. Vegetation retention (including (3)Forforested significant wetlands,the written plan must
understory vegetation,snags,down wood,and live trees) address reforestation.
is needed to prevent erosion and sedimentation into the
significant wetland, minimize soil disturbance and 629-24-1400 ESTUARIES. Estuaries are unique systems
19 because they form transitions between terrestrial,marine,
REV.8/3/92
Northwest Oregon Forest Practice Rbhes
and f reshwaterenvironments.Because of this link,estuarine OAR 629-24-699.Wetland management areas for bogs
systems are among the most biologically productive in the shall extend outward 50 to 100 feet from the wetland
world.Estuaries support many resident species.Estuaries boundary.The distance determination of the State Forester
also providefood,spawning area,and shelterfor numerous shall depend on the:
other species at critical points in their life cycle.Removal (a) Size of the bog.As the size of the bog increases, the
of shoreline trees reduces the overall productivity of the wetland management area increases;
estuaryby reducing leaf and litterfall,depriving the estuary (b)Topography;
of substrate,and by removing feeding and resting habitat (c) Erodibility of adjacent uplands;
for birds and small mammals. (d) Stocking level of the timber stand adjacent to the
boundary of the bog;and
629-24-1450 ESTUARIES: SIGNIFICANT WETLAND (e)Ability of leave trees to withstand windthrow.
PROTECTION RULES. (2)The operator shall apply the following to the bog and
(1) When an operation is proposed within 300 feet of an the wetland management area:
estuary, the State Forester shall determine the wetland (a)Soil and hydrology protection (OAR 629-24-1910);
management area during the resource site inspection in (b) Understory vegetation retention (OAR 629-24-1920);
OAR 629-24-699. Wetland management areas for (c) Snag and down wood retention (OAR 629-24-1930);
estuaries shall extend outward 100 to 200 feet from the --- and
wetland boundary. The distance determination of the (d) Live tree retention (OAR 629-24-1940).
State Forester shall depend on the:
(a) Stocking level of the timber stand adjacent to the 629-24-1900 The rules in OAR 629-24-1910 through 629-
estuary boundary; 24-1940 describe in more detail the four categories of
(b) Ability of the area to withstand windthrow;and significant wetland protection.
(c)Size of the estuary.As the size of the estuary increases,
the size of the wetland management area increases. 629-24-1910 PROTECTING SOIL AND HYDROLOGY.
(2) The operator shall apply the following to the estuary (1)The operator shall protect soil from disturbance that
and the wetland management area: results in reduced water quality, quantity, or soil
(a)Soil and hydrology protection (OAR 629-24-1910); productivity.The operator shall protectwetiand hydrology
(b) Understory vegetation retention(OAR 629-24-1920); by minimizing disturbance and preventing the conversion
(c) Snag and down wood retention (OAR 629-24-1930); of the wetland to an upland.
and (2)The written plan required under OAR 629-24-113 shall
(d) Live tree retention (OAR 629-24-1940). describe how the operation may impact water quality,
(3) The operator shall protect live trees identified in water quantity or soil productivity. When the following
subsection (2)(d)that are: practices are proposed,the operator shall address them
(a) Perch and nest trees for predatory birds and colonial in the written plan:
nesting birds; (a) Filling within wetlands;
(b) Likely to provide for future large woody debris to the (b) Machine activity within wetlands;and
estuary perimeter;and (c) Road construction within wetlands.
(c) Contributing to bank stability. (3)The operator shall not drain wetlands.
(4) Notwithstanding subsection (3) of this rule, minor
629-24-1500 BOGS.Bogcommunities area result of specific drainage for reforestation may be allowed through an
hydrological,soil,and nutrient conditions.Bogs are usually approved written plan. Any drainage for reforestation
saturated,low in nutrients, and highly acidic. Changes in must be designed so the significant wetland is not
runoff,sediment loading,and nutrient loading can alterthe converted to an upland.
plant community composition.The peatsoils have evolved
over a long period of time. Compaction damages plant 629-24-1920UNDERSTORY VEGETATION RETENTION.
communities and may encourage the invasion of exotic The operator shall limit disturbance to understory vegetation
species.Harvesting may disrupt shade tolerant vegetation, in the significant wetland and the wetland management
alter plant community characteristics, and hasten area. The written plan shall describe how disturbance to
succession. Compaction,saturated conditions, and poor the understory vegetation isto be limitedduring harvestor
nutrient status make reforestation difficult. site preparation for reforestation.
629-24-1550 BOGS: SIGNIFICANT WETLAND 629-24-1930 SNAG AND DOWN WOOD RETENTION.
PROTECTION RULES. Within the wetland and the wetland management area the
(1)When an operation is proposed within 300 feetof a bog, operator shall:
the State Forester shall determine the wetland (1) Leave snags and down trees,exceptfor snags defined
management area during the resource site inspection in to be a safety hazard by the Workers Compensation
Department,Accident Prevention Division(OAR Division
20
REV.8/3/92
Norh .rr" Oregon Region Forest Practice Mules
80), or a fire hazard by the State Forester. Any snags (5)"Forestland"means land which is used forthe growing
felled because of a safety hazard shall be left on the and harvesting of forest tree species, regardless of how
ground, unyarded. the land is zoned or taxed.or how any state or local
(2) Notwithstanding subsection(1)of this rule,trees that statutes,ordinances, rules or regulations are applied.
are dead or dying because of fire, insects, disease or (6)"Forest practice"means any operation conducted on or
other catastrophic events may be removed when pertaining to forestland,including but not limited to:
addressed in the approved written plan. (a) Reforestation of forestland;
(b) Road construction and maintenance;
629-24-1940 LIVE TREE RETENTION.The operator shall: (c) Harvesting of forest tree species;
(1)Retain the trees immediately adjacent to the significant (d) Application of chemicals;and
wetland boundary. (e) Disposal of slash.
(2)In addition to subsection(1)of this rule,in the wetland (7) "Forest tree species"does not include:
and the wetland management area,retain approximately (a)Christmas trees on land used solely forthe production
50 percentof the original stems,byspecies,in each of the of cultured Christmas trees as defined in ORS 215.203(3).
following diameter classes (diameter at breast height): (b) Hardwood timber, including but not limited to hybrid
(a) 6 to 12 inches; cottonwood,which is:
(b) 13 to 20 inches; (A)Grown or growing on land which has been prepared by
(c) 21 to 30 inches;and intensive cultivation methods and which is cleared of
(d) 30 inches and larger. competing vegetation for at least three years after tree
(3) Directionally fell trees so as to minimize soil and planting;
vegetation disturbance. (B) Of a species marketable as fiber for inclusion in the
(4) Avoid excessive slash accumulation in the wetland. "furnish"for manufacturing paper products;
(C) Harvested on a rotation cycle within 10 years after
planting;and
The 1991 Legislature passed Senate Bill 1125 (D) Subject to intensive agricultural practices such as
which made several changes to the Forest Practice fertilization, insect and disease control, cultivation and
Act.New laws that directly affect forest operators irrigation.
(8) "Landowner" means any individual, combination of
and are reprinted on the following pages. individuals, partnership, corporation or association of
whatever nature that holds an ownership interest in
527.620 Definitions for ORS 527.610 to 527.770. As forestland,including the state and any political subdivision
used in ORS 527.610 to 527.770,527.990 and 527.992: thereof.
(1) "Board" means the State Board of Forestry. (9)"Operation"means any commercial activity relating to
(2)"Clear-cut"means any harvest unit in western Oregon the growing or harvesting of forest tree species.
that leaves fewer than 50 trees per acre that are well- (10)"Operator"means any person,including a landowner
distributed over the unit and that measure at least 11 or timber owner,who conducts an operation.
inches at DBH or that measure less than 40 square feet (11)"State Forester"means the State Forester or the duly
of basal area peracre."Clear-cut"means any harvest unit authorized representative of the State Forester.
in eastern Oregon thatleaves fewerthan 15 trees peracre (12)"Suitable hardwood seedlings"means any hardwood
that are well-distributed overthe unitand thatmeasure at seedling that will eventually yield logs or fiber, or both,
least 10 inches at DBH.For purposes of this subsection, sufficient in size and qualityforthe production of lumber,
no tree shall be counted unless the top one-third of the plywood, pulp or other forest products.
bole of the tree supports a green,live crown.Forpurposes (13)"Timberowner"means any individual,combination of LU
of computing basal area,trees largerthan 20 inches shall individuals, partnership, corporation or association of
be considered 20-inch trees. whatever nature, other than a landowner,that holds an
(3) "Cumulative effects" means the impact on the ownership interest in any forest tree species onforestland.
environment which results from the incremental impact (14)"Visually sensitive corridor"meansforestland located
of the forest practice when added to other past, present within the area extending 150 feet measured on the slope
and reasonably foreseeable future forest practices from the outermost right of way boundary of a scenic
regardless of what governmental agency or person highway referred to in ORS 527.755.
undertakes such other actions. (15)"Writtenplan"means a plan submitted byanoperator,
(4) "DBH" means the diameter at breast height which is forwritten approval bythe State Forester,which describes
measured as the width of a standing tree atfour and one- howthe operation will be conducted,includingthe means
half feet above the ground, on the uphill side. to protect resource sites described in ORS 527.710(3)(a)
and information required by ORS 527.745 and 527.750,
if applicable.
21
REV.8/3/92
Northwest Oregon Forest Practice Fie
527.736 Forest practice standards for operations on that the trees must be paid for regardless of whether the
public and private land. trees are cut, or subject to a cutting right created by
(1)The standards established in ORS 527.740 to 527.750 reservation in a deed prior to October 1, 1990; and
shall be administered by the State Forester as standards (b) If the provisions of this section were applied, the
applying to all operations in the state,including those on cutting right would expire before all the trees subject to
forestland owned by the state orany political subdivision the cutting right could reasonably be harvested.
thereof.Pursuant to ORS 527.710 the board shall adopt,
repeal or amend forest practice rules as necessary to be 527.745 Reforestation of clear-cuts.
consistent with and to implement the standards (1)The board shall adopt standardsforthe reforestation of
established in ORS 527.740 to 527.750.Nothing in ORS clear-cut harvests.Unless the board makes the findings
321.016, 468B.100 to 468B.110, 477.562, 527.620, for alternate standards under subsection (2) of this
527-630,527.670,527.690,527.710,527.715,527.722, section, and except to the extent that more stringent
527.724 and 527.736 to 527.770 shall affect the powers reforestation requirements apply underORS527.740(2),
and duties of the board to adopt,or the State Forester to the standards for the reforestation of clear-cuts shall
administer, all other regulations pertaining to forest include the following:
practices under applicable state law. (a) Reforestation, including site preparation,of clear-cut
(2) Nothing in ORS 527.740 to 527.750 is intended to units shall commence within 12 months after the
apply to cutting of trees that is for growth enhancement completion of harvest and shall be completed by the end
treatments, as defined by the State Forester, such as of the second planting season after the completion of
thinning or precommercial thinning. harvest. By the end of the fifth growing season after
planting or seeding, at least 200 healthy conifer or
527.740 Clear-cut limitations,exceptions. suitable hardwood seedlings shall be established per
(1)No clear-cut unitwithin a single ownership shall exceed acre, well-distributed over the area, which are "free to
120 acres in size,except as provided in ORS 527.750. grow"as defined by the board.
(2)No clear-cut unit shall be allowed within 300 feet of the (b) Landowners may submit plans for alternate practices
perimeter of apriorclear-cut unit If the com bined acreage that do not conform to the standards established under
of the clear-cut areas subject to regulation under the paragraph(a)of this subsection orthe alternate standards
Oregon Forest Practices Act would exceed 120 acres in adopted under subsection (2) of this section, including
size, unless the prior clear-cut unit has been reforested but not limited to variances in the time in which
as required by all applicable regulations and: reforestation is to be commenced or completed or plans
(a) At least 200 healthy conifer or suitable hardwood to reforest sites by natural reforestation.Such alternate
seedlings are established per acre;and either plans may be approved if the State Forester determines
(b) The resultant reproduction has attained an average that the plan will achieve equivalent or better regeneration
height of at least four feet;or results forthe particular conditions of the site,orthe plan
(c) At least 48 months have elapsed since the seedlings carries out an authorized research project conducted by
were planted and the reproduction is 'free to grow" as a public agency or educational institution.
defined by the board. (2) The board, by rule, may establish alternate standards
(3)Any acreage attributable to riparian areas orto resource for the reforestation of clear-cuts,in lieu of the standards
sites listed in ORS 527.710(3) that is located within a established in subsection(1)ofthis section,uponfinding
harvest unit shall not be counted in calculating the size of that the alternate standards will better assure the
a clear-cut unit. continuous growing and harvesting of forest tree species
(4)The provisions of this section shall not apply when the and the maintenance of forestland for such purposes,
land is being converted to conifers ormanaged hardwoods consistent with sound management of soil, air, water,
from brush or understocked hardwoods, or when the fish and wildlife resources based on one or more of the
clear-cut harvest results from disasters such as fire, following findings:
insect infestation,disease,windstorm orothe r occurrence (a) Alternate standards are warranted based on scientific
that the State Forester determines was beyond the data concerning biologically effective regeneration;
landowner's control and has substantially impaired (b) Different standards are warranted for particular
productivity or safety on the unit or jeopardizes nearby geographic areas of the state due to variations in climate,
forestland.The prior approval of the State Forester shall elevation, geology or other physical factors; or
be required for such conversion or clear-cut operations (c) Different standards are warranted for different tree
that exceed 120 acres in size. species,including hardwoods,and for different growing
(5) The provisions of this section do not apply to any site conditions.
operation where the operator demonstrates to the State (3) Pursuant to ORS 527.710, the board may adopt
Forester that: definitions, procedures and further regulations to
(a) The trees are subject to a cutting right created by implement the standards established under subsection
written contract priorto October 1,1990,which provides (1)of this section,without making the findings required
22
REV.8/3/92
Nortwwe-.it Oregon Region Forest Practice Ffules
in subsection (2) of this section, if those procedures or (4)The State Forester shall approve the clear-cut operation
regulations are consistent with the standards established if the proposed clear-cut would provide better overall
in subsection (1) of this section. results in meeting the requirements and objectives of the
(4) The board shall encourage planting of disease and Oregon Forest Practices Act.
insect resistant species in sites infested with root (5) The board shall specify by rule the information to be
pathogens or where planting of susceptible species submitted forapproval of clear-cut operations underthis
would significantly facilitate the spread of a disease or section, including evidence of past satisfactory
insect pest and there are immune or more tolerant compliance with the Oregon Forest Practices Act.
commercial species available which are adapted to the
site. 527.755 Scenic highways;visually sensitive corridors;
(5) The requirements of this section apply only to clear- operations restricted.
cuts as defined in ORS 527.620(2). Nothing in this (1) The following highways are hereby designated as
section is intended to affect the administration and scenic highways for purposes of the Oregon Forest
enforcement of regulations pertaining to the maintenance Practices Act:
of minimum stocking levels or the reforestation of sites (a) Interstate Highways 5, 84,205,405; and
required as a result of operations other than such clear- (b)State Highways 6,7,20,18/22,26,27,30,31,34,35,
cuts. 36,38,42,58,62,82,97,101,126,138,140,199,230,
234 and 395.
527.750 Exceeding clear-cutsize limitation;conditions. (2)In consultation with the department of Transportation,
(1) Notwithstanding the requirements of ORS 527.740,a the board shall establish procedures and regulations as
clear-cut unit within a single ownership that exceeds 120 necessary to implement the requirements of subsection
acres but does not exceed 240 acres may be approved by (3) of this section, consistent with the safety of the
the State Forester if all the requirements of this section motoring public,including provisions for alternate plans
and anyadditional requirements established bythe board providing equivalent or better results within visually
are met.Proposed clear-cut units that are within 300 feet sensitive corridors extending 150feetfrom the outermost
of the perimeter of a prior clear-cut unit,and that would right of way boundary along both sides and for the full
result in a total combined clear-cut area under a single length of the scenic highways designated in subsection
ownership exceeding 120 acres but not exceeding 240 (1) of this section.
acres, may be approved by the State Forester if the (3)(a) For harvest operations within a visually sensitive
additional requirements are met for the combined clear- corridor,at least 50 healthy trees of at least 11 inches at
cut area.No clear-cut unit within a single ownership shall DBH,orthat measure at least40 squarefeetin basal area,
exceed 240 contiguous acres.No clear-cut unit shall be shall be temporarily left on each acre.Harvest areas shall
allowed within 300 feet of the perimeter of a prior clear- be cleared of major harvest debris within 30 days of the
cut unit if the combined acreage of the clear-cut areas completion of the harvest or within 60 days of the
subject to regulation under the Oregon Forest Practices cessation of active harvesting activity on the site,
Act would exceed 240 acres, unless the prior clear-cut regardless of whether the harvest operation is complete.
unit has been reforested by all applicable regulations (b) Overstory trees initially required to be left under
and: paragraph(a)of this subsection may be removed when
(a) At least 200 healthy conifer or suitable hardwood the reproduction understory reaches an average height
seedlings are established per acre; and either of at least 10 feet and has at least 250 stems per acre.
(b) The resultant reproduction has attained an average (c)When the adjacent stand,extending from 150feetfrom
height of at least four feet; or the corridorto 300 feetfrom the corridor,has attained an
(c) At least 48 months have elapsed since the seedlings average height of at least 10 feet and has at least 200
were planted and the reproduction is "free to grow"as stems peracre or at least40 square feet of basal area,no
defined by the board. trees are required to be left in the visually sensitive
(2) The requirements of this section are in addition to all corridor, or trees initially required to be left under amp
other requirements of the Oregon Forest Practices Act paragraph(a)of this subsection may be removed.Harvest ORM
and the rules adopted thereunder. The requirements of areas within the visually sensitive corridorshall be cleared
this section shall be applied in lieu of such other of major harvest debris within 30 days of the completion
requirements only to the extent the requirements of this of the harvest or within 60 days of the cessation of active
section are more stringent. Nothing in this section shall harvesting activity on the site,regardless of whether the
apply to operations conducted under ORS 527.740(4)or harvest operation is complete. Reforestation shall be
(5). completed by the end of the first planting season afterthe
(3)The board shall require that written plan be submitted completion of harvest.A minimum of 400 trees per acre
prior to approval of a clear-cut operation under this shall be planted. By the end of the fifth growing season
section.The board may establish by rule any additional after the completion of planting, at least 250 healthy
standards applying to operations under this section. conifer seedlings shall be established per acre, well-
23
REV.8/3/92
Northwest Oregon Forest Practice ftleir
distributed over the area, which are "free to grow" as in another clear-cut harvest preparation which, in the
defined by the board.When harvests within the visually opinion of the State Forester, would in the aggregate,
sensitive corridor are carried out under this paragraph achieve better overall benefits for wildlife;and
the adjacent stand, extending from 150 feet from the (c) For clear-cut harvest operations adjacent to Class 1
corridor to 300 feet from the corridor,shall not be clear- streams,the State Forester may require up to 25 percent
cut until the adjacent visually sensitive corridor has been of the green trees required to be left pursuant to this
reforested as required under this paragraph and the section to be left in oradjacent to the riparian management
stand has attained an average height of at least 10 feet area of the Class 1 stream if such requirement would
and has at least 250 stems per acre. provide increased benefits to wildlife.Such trees shall be
(4) Landowners and operators shall not be liable for injury in addition to trees otherwise required by rule to be left in
ordamage caused by trees leftwithin the visually sensitive riparian management areas.The operator shall have sole
corridorfor purposes of fulfilling the requirements of this discretion to determine which trees to leave,either in or
section, when carried out in compliance with the adjacent to a riparian management area,pursuant to this
provisions of the Oregon Forest Practices Act. paragraph.
Sec.5. Rules in clear-cut harvest unit larger than 10 Sec.9 Review of classification of waters.
acres. (sections 1,2&6 relate to the review and are not reprinted
(1) In a clear-cut harvest unit exceeding 10 acres, the here)
operator shall leave, on average per acre harvested, at (3) Until the board adopts rules pursuant to this section,
least: thefollowing interim protection shall apply to operations
(a)Two snags or two green trees at least 30 feet in height near streams which are important to threatened,.
and 11 inches at DBH or larger, at least 50 percent of endangered,sensitive orgamefish species andtostreams
which are conifers,and with an average gradient of not more than eight percent
(b)Two downed logs or downed trees,at least 50 percent and which are important to water quality and fish needs
of which are conifers, that are at least 12 inches in in downstream Class 1 streams:
diameter at the widest point and at least 16 feet long,or (a) A buffer three times the stream width or 25 feet,
equivalent volume if trees of this size are not available on whichever is greater, shall be retained on both sides of
the site. the stream;
(2) In meeting the requirements of subsection(1) of this (b) All nonmerchantable herbaceous vegetation shall be
section,the required snags,trees and logs may be left in retained;
one or more clusters rather than distributed throughout (c)Ground-based equipment shall not be operated within
the unit.The location and distribution of the material shall the buffer without approval of the State Forestry
be in the sole discretion of the landowner or operator, Department;
consistent with safety and fire hazard regulations. The (d) Logs shall not be yarded across streams unless the
requirements of subsection (1) of this section are in logs are fully suspended in orderto minimize disturbance
addition to all other requirements pertaining to forest to streambanks, stream channels and streambank
operations and may not be met by counting snags,trees vegetation;
or logs otherwise required to be left in riparian areas or (e) Streams shall not be crossed without approval of the
resource sites listed in ORS 527.710(3). State Forestry Department;and
(3) Notwithstanding subsection (2) of this section: (f) Removal of merchantable trees may be permitted
(a)The State Forester shall consult with operators on the consistent with protection of the buffer, streambanks
selection of green trees and snags required to be left and stream channels with prior approval of the State
pursuant to this section whenever the State Forester Foresterand consistent with protection of forest resources
believes that retaining certain trees or groups of trees pursuant to ORS 527.630.
would provide increased benefits to wildlife; (4)The State Forestry Department shall consult with the
(b) Operators may submit, and the State Forester may appropriate state agencies in determining which streams
approve,alternate plans to meet the requirements of this are affected by this section.
section.The State Forester may approve alternate plans (5)The interim protection in subsection(3)of this section
to waive, in whole or in part, the requirements of this terminates on the effective date of permanent rules
section for one clear-cut harvest operation if the plan adopted by the board for the protection of these streams.
provides for an equal or greater number of trees to be left
24
V*dIN.AE TO CALL FOR ASSISTNnsLLE
If you should have questions regarding forest practice rules in the Northwest Oregon
Region,please contactone of the Department of Forestryoffices listed below.Local Forest
Practices Foresters are available to assist you in understanding the requirements of the
Oregon Forest Practices Rules.
NORTHWEST OREGON REGION
Astoria Molalla Sweet Home
Route 1,Box 950 14995 S.Hwy.211 4690 Hwy.20
Astoria,OR 97103 Molalla,OR 97038 Sweet Home,OR 97386
325-5451 829-2216 367-6108
Columbia City Philomath Tillamook
405 E.Street 24533 Alsea Hwy. 4907 E.Third SL
Columbia City,OR 97018 Philomath,OR 97370 Tillamook,OR 97141-2999
397-2636 929.3266 842.2545
Dallas Sandy Toledo
825 Oak Villa Road 17710 SE 412th Ave. 763 NW Forestry Rd.
Dallas,OR 97338 Sandy,OR 97055 Toledo,OR 97391
623.8146 668-4646 336-2273
Florence Sandam Veneta
P.O.Box 460 22965 N.Fork Rd.SE P.O.Box 157
Florence,OR 97439 Lyons,OR 97358 Veneta,OR 97487
997-8713 859.2151 935.2283
Forest Grove Springfield
801 Gales Creek Road 3150 Main St.
Forest Grove,OR 97116 Springfield,OR 97478
357-2191 726.3588
OREGON DEPARTMENT OF FORESTRY
FOREST PRACTICES SECTION
2600 STATE STREET *.
SALEM, OR 97310
378-4115
JOB NO. 9005 SECTION 01530
PAGE 3
TREE AND PLANT PROTECTION
3 . Take necessary steps to protect root zone areas
where construction work must occur.
5. Send written notice to each primary subcontractor
calling attention to requirements for protection of
trees. Prevent dumping of paint, solvents, and
other foreign material in these areas and route all
trenching of utilities outside the root zone. Send
copies of notice to Architect.
3 . 2 EXCAVATION AROUND TREES
A. Do not excavate within drip line of trees unless
otherwise indicated on Drawings.
B. Where trenching for utilities is required within drip
lines, tunnel around or under roots by hand digging or
boring.
1. Do not cut main lateral roots or tap roots over 1"
diameter.
2 . Cutting of smaller roots which interfere with
installation of new work is permitted within
designated areas.
3 . Cut roots with sharp pruning instruments; do not
break or chop.
C. Do not allow exposed roots to dry out before permanent
backfill is placed.
1. Provide temporary earth cover, or pack with peat
moss and wrap with burlap.
2 . Water, and maintain in moist condition, and
temporarily support, and protect from damage until
permanently covered with backfill.
3 . 3 REPAIR AND REPLACEMENT OF TREES
A. Contractor to engage a qualified Arborist to preform tree
repair work damaged by construction operations. Make
repairs promptly after damage occurs to prevent
progressive deterioration of damaged trees.
JOB NO. 9005 SECTION 01530
PAGE 4
TREE AND PLANT PROTECTION
B. Remove dead trees or damaged trees which are determined
by the Arborist to be incapable of restoration to normal
growth pattern.
C. Trees destroyed or damaged (in the opinion of the
Architect beyond satisfactory restoration shall be valued
at $6, 000. 00 each. The value shall be paid by the
Contractor for each occurence of loss due to the
Contractor's activities or negligence.
END OF SECTION