Oregon Statutes - Chapter 477 - Fire Protection of Forests and Vegetation - Section 477.023 - Fire protection system; integration with existing laws; cooperative agreements.

(1) The forestland-urban interface in Oregon represents a unique fire protection situation that requires that unique and special measures be taken to ensure adequate public safety and protection of property, development and natural resources. Therefore, it is declared to be the public policy of the State of Oregon to encourage and provide a complete and coordinated forestland-urban interface fire protection system.

(2)(a) It is recognized that forestland-urban interface areas are already subject to other laws and to regulations of other agencies. It is the intent of ORS 477.015 to 477.061 to integrate with and not replace those other laws and regulations.

(b) In the event of an apparent conflict between the obligations imposed by ORS 477.015 to 477.061 and by other laws or regulations for which the forester is responsible and has jurisdiction, the forester shall resolve the conflict within the scope of the foresterís authority.

(c) Except as provided in paragraph (d) of this subsection, the obligations imposed by ORS 477.015 to 477.061 do not supersede or replace federal law or regulation, other state law or rules, or more restrictive local government ordinance or code.

(d) In the event of an apparent conflict between the obligations imposed by ORS 477.015 to 477.061 and a more restrictive local government ordinance or code, the State Forester may enter into a cooperative agreement with the governing body of a local government, the terms of which provide that ORS 477.015 to 477.061 supersede the local government ordinance or code in specified cases.

(e) In the event of an apparent conflict between the obligations imposed by ORS 477.015 to 477.061 and the declaration, bylaws, rules or regulations of a homeowners association, the State Forester may enter into a cooperative agreement with the homeowners association that allows the declaration, bylaws, rules or regulations of the homeowners association to supersede ORS 477.015 to 477.061 in specified cases. The term of a cooperative agreement entered into under this paragraph may not exceed five years.

(f) When a real property lot includes one or more structures that have multiple owners, the State Forester may enter into a cooperative agreement with one or more of the owners, or a person designated as the representative of the owners, for the purposes of matters related to ORS 477.015 to 477.061. The term of a cooperative agreement entered into under this paragraph may not exceed five years.

(g) Compliance with the obligations imposed by ORS 477.015 to 477.061 does not relieve the owner of land of the requirements of other laws or regulations that might apply to the land in question.

(3) To encourage development of a complete and coordinated forestland-urban interface fire protection system, it is declared to be in the public interest that the State Board of Forestry and the State Forester take a lead role in statewide coordination of the forestland-urban interface situation with other state and federal agencies, local governments and private sector interests that are concerned with fire protection in the forestland-urban interface. [1997 c.429 §6; 2007 c.30 §2]

Section:  Previous  477.013  477.014  477.015  477.016  477.017  477.020  477.022  477.023  477.024  477.025  477.026  477.027  477.028  477.029  477.030  Next

Last modified: August 7, 2008