Oregon Statutes - Chapter 477 - Fire Protection of Forests and Vegetation

• 477.001   Definitions.
  As used in this chapter, unless the context otherwise requires: (1) “Additional fire hazard” means a hazard that has been determined to exist by the...
• 477.002   [Amended by 1953 c.68 §19; subsection (2) of 1957 Replacement Part enacted as 1953 c.372 §2; subsection (5) of 1957 Replacement Part enacted as 1953 c.152 §1; amended by 1955 c.158 §1; repealed by 1959 c.363 §1 (477.001 enacted in lieu of 477.002)]
• 477.003   [1959 c.363 §20; repealed by 1961 c.351 §1]
• 477.004   [Repealed by 1965 c.253 §153]
• 477.005   Policy.
  (1) The preservation of the forests and the conservation of the forest resources through the prevention and suppression of forest fires hereby are declared to...
• 477.006   [Repealed by 1965 c.253 §153]
• 477.008   [Amended by 1965 c.253 §87; renumbered 477.360]
• 477.009   Investigative authority of Attorney General for fire protection administration.
  (1) For the purpose of an investigation as to liability for cost of hazard abatement, fire abatement or damages under this chapter, the Attorney General,...
• 477.010   [Repealed by 1965 c.253 §153]
• 477.012   [Amended by 1965 c.253 §88; renumbered 477.365]
• 477.013   Smoke management plan; rules.
  (1) For the purpose of maintaining air quality, the State Forester and the Department of Environmental Quality shall approve a plan for the purpose of...
• 477.014   [Amended by 1965 c.253 §89; renumbered 477.370]
• 477.015   Definitions.
  (1) As used in ORS 477.015 to 477.061, unless the context otherwise requires, “forestland-urban interface” means a geographic area of forestland inside a forest protection...
• 477.016   [1963 c.107 §8; amended by 1965 c.253 §72; renumbered 477.300]
• 477.017   Legislative findings, policy and purpose.
  (1) The Legislative Assembly finds that: (a) The forestland-urban interface situation in Oregon is a result of both past and present conditions and that, given...
• 477.020   [1959 c.408 §§1,2,3,4,5; repealed by 1965 c.253 §153]
• 477.022   [1953 c.372 §1; 1961 c.603 §2; renumbered 477.005]
• 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...
• 477.024   [1953 c.372 §3; 1955 c.318 §1; 1965 c.253 §57; renumbered 477.210]
• 477.025   Classification of lands to reflect different protection problems.
  The Legislative Assembly recognizes that the forestland-urban interface in Oregon varies by condition, situation, fire hazard and risk, that different forestland-urban interface fire protection problems...
• 477.026   [1953 c.372 §4; 1965 c.253 §59; renumbered 477.225]
• 477.027   Rules for classification of lands.
  By administrative rule, the State Board of Forestry shall establish criteria by which the forestland-urban interface shall be identified and classified. The criteria shall recognize...
• 477.028   [1953 c.372 §5; 1957 c.83 §6; 1959 c.363 §3; 1963 c.107 §1; repealed by 1965 c.253 §153]
• 477.029   Local land classification committee; members; officers; terms; rules.
  (1) Pursuant to a request by the State Forester, the governing body of a county containing forestland-urban interface may establish a county forestland-urban interface classification...
• 477.030   [1953 c.372 §6; 1959 c.363 §4; 1965 c.253 §60; 1965 c.312 §1; renumbered 477.230]
• 477.031   Duties of committee.
  (1) A county forestland-urban interface classification committee established under ORS 477.029 shall periodically identify all land to be designated as forestland-urban interface within the county...
• 477.032   [Renumbered 477.062]
• 477.033   [1953 c.372 §7; 1955 c.318 §2; 1957 c.83 §7; 1961 c.603 §3; 1963 c.107 §2; 1965 c.253 §69; 1965 c.312 §2; 1965 c.428 §10; renumbered 477.270]
• 477.034   [Amended by 1953 c.661 §2; renumbered 477.064]
• 477.035   [1953 c.372 §8; 1965 c.253 §70; 1965 c.312 §3; renumbered 477.285]
• 477.036   [Amended by 1953 c.661 §2; renumbered 477.066]
• 477.037   [1953 c.372 §9; 1959 c.363 §5; 1961 c.603 §5; repealed by 1965 c.253 §153]
• 477.038   [Amended by 1953 c.661 §2; renumbered 477.068]
• 477.039   [1953 c.372 §10; 1963 c.107 §3; 1965 c.253 §71; renumbered 477.291]
• 477.040   [Amended by 1953 c.661 §2; renumbered 477.070]
• 477.041   [1953 c.372 §11; 1965 c.253 §61; renumbered 477.235]
• 477.042   [Amended by 1953 c.661 §2; renumbered 477.071 and then 477.067]
• 477.043   [1953 c.372 §§12,16; 1957 c.32 §1; 1965 c.253 §64; renumbered 477.245]
• 477.044   [Repealed by 1953 c.372 §22]
• 477.045   [1953 c.372 §13; 1965 c.253 §65; renumbered 477.250]
• 477.046   [Repealed by 1953 c.372 §22]
• 477.047   [1953 c.372 §14; 1965 c.253 §66; renumbered 477.255]
• 477.048   [Repealed by 1953 c.372 §22]
• 477.049   [1953 c.372 §15; 1965 c.253 §67; renumbered 477.260]
• 477.050   [Amended by 1953 c.37 §2; renumbered 477.073]
• 477.051   [1953 c.372 §17; 1965 c.253 §68; renumbered 477.265]
• 477.052   Hearings on proposed classifications.
  (1) The county forestland-urban interface classification committee shall hold a public hearing at the time and place stated in the notice published under ORS 477.031...
• 477.053   [1953 c.372 §18; 1955 c.318 §3; 1961 c.603 §6; 1965 c.253 §58; renumbered 477.220]
• 477.054   Appeal of classification decisions; procedure.
  (1) Any owner of land designated and classified under ORS 477.027 to 477.057 who is aggrieved by the designation or classification may, within 30 days...
• 477.055   [1953 c.372 §19; repealed by 1965 c.253 §153 and 1965 c.428 §18]
• 477.056   [1965 c.253 §47 (enacted in lieu of 477.070); 1967 c.429 §57; renumbered 477.120]
• 477.057   State Forester to classify land if county fails to act.
  (1) The State Forester may designate and classify forestland-urban interface, consistent with and as described in ORS 477.031 to 477.054, if a designation and classification...
• 477.058   [1965 c.253 §49 (enacted in lieu of 477.148); 1967 c.429 §58; renumbered 477.130]
• 477.059   Obligation of landowner to comply with standards; rules; certification by landowner; penalty for failure to comply.
  (1)(a) The State Board of Forestry shall by rule establish minimum standards for minimizing or mitigating: (A) Fire hazards or risks on land within a...
• 477.060   Considerations in determining cost of protection; special or additional costs.
  (1) In determining the annual cost of protection pursuant to ORS 477.230, the forester may consider and include the special or additional cost of fire...
• 477.061   Short title.
  ORS 477.015 to 477.061 shall be known as the Oregon Forestland-Urban Interface Fire Protection Act. [1997 c.429 §2; 2007 c.30 §11] HAZARD ABATEMENT
• 477.062   Inadequately protected forestland declared nuisance; notice to protect; work at expense of owner; collection of amount expended.
  (1) All forestland that by reason of its lack of adequate fire protection endangers life, forest resources or property is declared to be a public...
• 477.064   Uncontrolled fire declared nuisance.
  Any fire on any forestland in Oregon burning uncontrolled or without proper action being taken to prevent its spread, notwithstanding its origin, is declared a...
• 477.066   Duty of owner and operator to abate fire; abatement by authorities.
  (1) Each owner and operator of forestland on which a fire exists or from which it may have spread, notwithstanding the origin or subsequent spread...
• 477.067   Notice of fire.
  For the purpose of ORS 477.066, notification to the owner or operator of the forestland, is considered sufficient notification to the owner of the existence...
• 477.068   Liability for cost of abatement; interest; lien; foreclosure; attorney fees.
  (1) In case an owner or operator fails to perform the duty required by ORS 477.066, or is willful, malicious or negligent in the origin...
• 477.069   Negligence in origin and in failure to control fire may be united in one complaint.
  Notwithstanding any other law, in any action authorized by ORS 477.068 to collect the costs incurred, the plaintiff may unite in the same complaint causes...
• 477.070   [Formerly 477.040; 1955 c.218 §2; 1959 c.363 §7; 1961 c.603 §10; 1963 c.107 §4; repealed by 1965 c.253 §46 (477.056 enacted in lieu of 477.070)]
• 477.071   [Formerly 477.042; 1961 c.603 §11; 1965 c.253 §52; renumbered 477.067]
• 477.072   [Repealed by 1953 c.372 §22]
• 477.073   [Formerly 477.050; 1957 c.83 §8; repealed by 1965 c.253 §153]
• 477.074   [Repealed by 1953 c.372 §22]
• 477.076   [Repealed by 1953 c.372 §22]
• 477.078   [Repealed by 1953 c.372 §22]
• 477.080   [Repealed by 1953 c.372 §22]
• 477.082   [Repealed by 1953 c.372 §22]
• 477.085   Liability for cost of protecting land within a forest protection district.
  Any person who willfully or negligently sets a fire or causes a fire to be set for which efforts to control or extinguish the fire...
• 477.090   Civil liability; damages.
  In addition to the penalties otherwise provided by law, the United States, state, political subdivision or private owners whose property is injured or destroyed by...
• 477.095   Applicability of ORS 477.068, 477.085 and 477.090.
  (1) An owner of forestland shall not be subject to the provisions of ORS 477.068 and 477.090, where the origin or subsequent spread of a...
• 477.100   Ability of owner to suppress fire; limitation.
  (1) The State Forester, or any agency or organization with responsibility under this chapter to suppress fires, may not prohibit an owner or the owner’s...
• 477.101   [1959 c.363 §19; 1965 c.253 §135; repealed by 1965 c.428 §§8,18]
• 477.102   [Repealed by 1953 c.372 §22]
• 477.104   [Repealed by 1953 c.372 §22]
• 477.106   [Repealed by 1953 c.372 §22]
• 477.108   [Repealed by 1953 c.372 §22]
• 477.110   [Repealed by 1953 c.372 §22]
• 477.112   [Repealed by 1953 c.372 §22]
• 477.120   Liability of owner or operator.
  (1) Except as provided in subsections (2) and (3) of this section, the owner or operator of forestland is not subject to the obligations or...
• 477.125   Liability of forest protective associations, rangeland protection associations and public bodies; limitations.
  (1) A forest protective association, rangeland protection association organized under ORS 477.317 or public body as defined in ORS 174.109, or a person acting as...
• 477.130   [Formerly 477.058; 1971 c.743 §386; 1973 c.46 §3; 1997 c.274 §3b; repealed by 1999 c.355 §17]
• 477.132   [Repealed by 1953 c.375 §38]
• 477.133   [1953 c.375 §31; 1957 c.309 §10; 1965 c.253 §79; renumbered 477.420]
• 477.134   [Repealed by 1953 c.375 §38]
• 477.135   [1953 c.375 §32; 1957 c.309 §11; 1965 c.253 §80; renumbered 477.425]
• 477.136   [Repealed by 1953 c.375 §38]
• 477.142   [1963 c.454 §2; 1965 c.253 §73; renumbered 477.315]
• 477.144   [1963 c.454 §3; 1965 c.253 §74; renumbered 477.320]
• 477.146   [1963 c.454 §4; 1965 c.253 §75; renumbered 477.325]
• 477.148   [1963 c.454 §5; repealed by 1965 c.253 §48 (477.058 enacted in lieu of 477.148)]
• 477.152   [Amended by 1953 c.68 §19; 1955 c.450 §1; 1959 c.363 §8; 1961 c.603 §12; 1963 c.107 §5; repealed by 1965 c.253 §153]
• 477.154   [Amended by 1953 c.68 §19; 1963 c.107 §6; repealed by 1965 c.253 §153]
• 477.156   [Amended by 1953 c.68 §19; 1965 c.253 §99; renumbered 477.535]
• 477.158   [Amended by 1953 c.68 §19; 1957 c.32 §2; 1959 c.363 §9; 1965 c.253 §101; renumbered 477.545]
• 477.160   [Amended by 1953 c.68 §19; 1965 c.253 §100; renumbered 477.540]
• 477.162   [Amended by 1965 c.253 §102; renumbered 477.550]
• 477.164   [Amended by 1953 c.302 §2; renumbered 476.715]
• 477.165   [1953 c.68 §14; 1965 c.253 §94; renumbered 477.510]
• 477.175   Definition of “all possible aid” for agreement.
  As used in the Northwest Wildland Fire Protection Agreement as set forth in ORS 477.200, “all possible aid” means the assistance that a member can...
• 477.180   Ratification of amendment to agreement; withdrawal if Legislative Assembly fails to ratify amendment.
  If the Northwest Wildland Fire Protection Agreement is amended in accordance with Article IX of the agreement, the Governor shall invoke Article X of the...
• 477.182   [Amended by 1965 c.253 §111; renumbered 477.645]
• 477.184   [Amended by 1953 c.68 §19; 1955 c.158 §2; 1965 c.253 §112; renumbered 477.650]
• 477.185   Use of local fire protection resources.
  The Governor shall make reasonable efforts to use local available fire protection resources within Oregon before calling on forces from other members of the Northwest...
• 477.186   [Amended by 1953 c.68 §19; 1955 c.158 §3; 1957 c.32 §3; 1965 c.253 §113; renumbered 477.655]
• 477.187   [1953 c.68 §8; 1955 c.158 §4; 1965 c.253 §114; renumbered 477.660]
• 477.188   [Amended by 1953 c.68 §19; 1955 c.158 §5; 1965 c.253 §115; 1965 c.428 §§13,14; renumbered 477.665]
• 477.190   Authority of Governor to carry out agreement.
  The Governor may take any action necessary to carry out the Northwest Wildland Fire Protection Agreement as set forth in ORS 477.200. The Governor may...
• 477.195   Ratification of Northwest Wildland Fire Protection Agreement.
  (1) The Legislative Assembly of the State of Oregon hereby ratifies the Northwest Wildland Fire Protection Agreement set forth in ORS 477.200, and the provisions...
• 477.200   Northwest Wildland Fire Protection Agreement.
  The provisions of the Northwest Wildland Fire Protection Agreement are as follows: ______________________________________________________________________________ ARTICLE I The purpose of this agreement is to promote effective prevention,...
• 477.205   Definitions for ORS 477.205 to 477.281.
  As used in ORS 477.205 to 477.281, unless the context requires otherwise: (1) “Grazing land” means forestland, within a forest protection district, that has been...
• 477.210   Duty of owner to protect forestland; forester’s duty to provide protection upon noncompliance.
  (1) During the season of the year when there is danger of fire, every owner of forestland shall provide adequate protection against the starting or...
• 477.212   [Amended by 1953 c.68 §19; 1965 c.253 §104; renumbered 477.615]
• 477.214   [Repealed by 1953 c.68 §19]
• 477.215   [1953 c.68 §16; 1965 c.253 §105; renumbered 477.620]
• 477.216   [Amended by 1953 c.68 §19; repealed by 1957 c.32 §4 (477.217 enacted in lieu of 477.216)]
• 477.217   [1957 c.32 §5 (enacted in lieu of 477.216); 1959 c.363 §10; 1965 c.253 §117; renumbered 477.565]
• 477.218   [Amended by 1953 c.68 §19; 1965 c.253 §103; renumbered 477.605]
• 477.220   Lands not provided protection; lands not included within ORS 477.205 to 477.281.
  (1) The forester is not required to provide protection for forestland that is either a small parcel or a tract isolated from a forest protection...
• 477.225   Establishment and change of forest protection districts; rules.
  The State Forester, by rule, shall designate areas of forestland within this state as forest protection districts within which the forester is required to provide...
• 477.230   Basis for computing cost of protection provided by forester; costs to be in accordance with budget.
  (1) The annual cost of protection provided by the forester for forestland within a forest protection district shall be as follows: (a) Grazing land within...
• 477.232   Costs in excess of budget; amounts not expended.
  Subject to the forest patrol assessment limitations set forth in ORS 477.230: (1) Actual costs incurred by the forester in the prevention and suppression of...
• 477.235   Forester to prepare tentative budget estimates for districts.
  The forester shall prepare tentative budget estimates for each forest protection district for the ensuing fiscal year beginning July 1, in a manner consistent with...
• 477.240   Advisory and guidance committees.
  In any forest protection district wherein the forester has entered into a cooperative agreement or contract with a forest protective association or agency described in...
• 477.242   [Amended by 1959 c.363 §11; 1965 c.253 §118; renumbered 477.570]
• 477.244   [Amended by 1953 c.68 §19; 1961 c.123 §2; 1961 c.603 §13; 1965 c.253 §119; 1965 c.428 §§15,16; renumbered 477.575]
• 477.245   Owners entitled to be heard on budget matters; public budget meetings to be held in district.
  (1) All owners of lands assessed under ORS 477.205 to 477.281 shall have an opportunity to be heard on matters pertaining to the budgeting of...
• 477.246   [Amended by 1965 c.253 §122; renumbered 477.685]
• 477.248   [Amended by 1965 c.253 §123; renumbered 477.690]
• 477.250   Notice of budget meeting; notice of proposed assessment.
  (1) Not more than four weeks preceding each budget meeting, the forester shall cause notice of such meeting to be published once a week for...
• 477.255   Holding of budget meeting; revision and submission of budget for final approval.
  (1) The public budget meeting shall be held at the time and place as stated in the published notice, or at such other time and...
• 477.260   Appeal to board.
  (1) Any owner of grazing land or timberland within the boundary of the forest protection district who is adversely affected by the proposed budget may...
• 477.265   Board to deal with budgets annually.
  The State Board of Forestry shall annually review the forest protection district budgets, make any changes in the budgets that are proper and consistent with...
• 477.270   Budgeted cost of forester to be lien; collection; deposit of amounts collected.
  (1) Subject to the forest patrol assessment limitations set forth in ORS 477.230: (a) The budgeted cost of the forester, as provided for in ORS...
• 477.272   [Repealed by 1953 c.152 §10]
• 477.274   [Repealed by 1953 c.152 §10]
• 477.275   [1981 c.321 §14; 1983 c.109 §1; repealed by 1989 c.769 §6]
• 477.276   [Repealed by 1953 c.152 §10]
• 477.277   Additional assessment to maintain unencumbered balance of Oregon Forest Land Protection Fund.
  (1) In addition to any other assessment prescribed by ORS 477.205 to 477.281, in any fiscal year in which the Emergency Fire Cost Committee determines...
• 477.278   [Repealed by 1953 c.152 §10]
• 477.280   [Repealed by 1953 c.152 §10]
• 477.281   Limitation on obligation of landowner for fire protection.
  (1) The obligation of an owner of timberland or grazing land for payment of assessments and taxes for fire protection of forestland is limited to:...
• 477.282   [1953 c.152 §2; 1965 c.253 §116; renumbered 477.670]
• 477.284   [1953 c.152 §3; repealed by 1965 c.253 §153]
• 477.285   [Formerly 477.035; repealed by 1989 c.769 §6]
• 477.286   [1953 c.152 §4; 1965 c.253 §106; renumbered 477.625]
• 477.288   [1953 c.152 §5; 1965 c.253 §109; renumbered 477.635]
• 477.290   [1961 c.603 §14; 1965 c.253 §110; renumbered 477.640]
• 477.291   [Formerly 477.039; repealed by 1999 c.355 §17]
• 477.295   Minimum assessment under ORS 477.270; combining lots; fees; rules.
  (1) For purposes of making the levy and assessment of costs against forestland under ORS 477.270, the minimum cost to provide fire protection or suppression...
• 477.300   Use of funds in State Forestry Department Account for capital outlay expenditures of district.
  (1) Moneys available at any time in the State Forestry Department Account for the purposes of this chapter, particularly ORS 477.205 to 477.281, which moneys...
• 477.302   [Amended by 1965 c.253 §126; renumbered 477.705]
• 477.304   [Amended by 1965 c.253 §127; renumbered 477.710]
• 477.305   Forester to enforce prohibition against littering on forestland in districts.
  The forester is authorized to enforce the provisions of ORS 164.805 insofar as such affects forestland within forest protection districts established under this chapter. [1965...
• 477.306   [Amended by 1965 c.253 §132; renumbered 477.730]
• 477.308   [Amended by 1965 c.253 §133; renumbered 477.735]
• 477.310   [Amended by 1959 c.363 §12; 1965 c.253 §134; renumbered 477.090]
• 477.312   [Amended by 1959 c.363 §13; repealed by 1965 c.253 §153]
• 477.314   [Repealed by 1965 c.253 §153]
• 477.315   Definition for ORS 477.315 to 477.325.
  As used in ORS 477.315 to 477.325, “rangeland” means any land: (1) That is located in that part of the state lying easterly of the...
• 477.317   Rangeland protection associations; organization; assistance from forester.
  (1) Any group of owners of rangeland that is within a rangeland protection system established under ORS 477.320, and that lies wholly outside any forest...
• 477.320   Request of rangeland owners for protection; hearings; determination; cooperative agreements for protection.
  (1) Owners of rangeland may request the State Board of Forestry to hold a hearing on the subject of providing protection from fire for rangeland....
• 477.325   Budget for rangeland protection; collection of costs; disposition of receipts.
  (1) Before June 1 each year, the owners of rangeland to be protected under ORS 477.320, including all rangeland protection associations organized under ORS 477.317,...
• 477.355   Fire wardens generally.
  (1) The State Forester shall appoint one or more district fire wardens for each forest protection district. (2) The State Forester shall appoint such additional...
• 477.360   Duties of fire warden for forest protection district.
  The district fire warden, under the direction of the State Forester, has charge of the fire prevention and suppression system in the forest protection district...
• 477.365   Duties and powers of wardens.
  (1) Under instructions from the forester as to their exercise of state authority, all wardens shall: (a) Take proper steps for the prevention and extinguishment...
• 477.370   [Formerly 477.014; 1987 c.158 §104; repealed by 1997 c.274 §55]
• 477.375   [1965 c.253 §91; repealed by 1997 c.274 §55]
• 477.405   [1965 c.253 §77; repealed by 1967 c.429 §23 (477.406 enacted in lieu of 477.405)]
• 477.406   Cooperative contracts or agreements for forest protection or forest related activities; negotiation.
  (1) The forester and a forest protective association may enter into a contract or agreement with each other or, jointly or separately, with a federal...
• 477.408   Provisions of contract or agreement.
  Contracts or agreements under ORS 477.406 may provide, among other things, for any or all of the parties to do any one or more of...
• 477.410   Liability of parties; responsibility for equipment; unemployment insurance and workers’ compensation; sovereign immunity.
  (1) Unless otherwise provided in a contract or agreement, and except as provided in subsection (2) of this section: (a) A party to a contract...
• 477.412   Disposition and use of moneys received by forester under contract or agreement.
  All money received by the forester pursuant to a contract or agreement described in ORS 477.406 shall be paid into the State Treasury, credited to...
• 477.415   Definitions for ORS 477.440 to 477.460.
  The definitions in ORS 321.005 apply to ORS 477.440 to 477.460. [1965 c.253 §78; 1967 c.429 §35; 1981 c.321 §8]
• 477.420   [Formerly 477.133; repealed by 1967 c.429 §61]
• 477.425   [Formerly 477.135; 1967 c.429 §13; 1977 c.182 §2; repealed by 1981 c.321 §12]
• 477.430   [1965 c.253 §82; 1967 c.429 §5; repealed by 1981 c.321 §12]
• 477.440   Emergency Fire Cost Committee; members; terms; vacancies.
  (1) The State Board of Forestry shall appoint an Emergency Fire Cost Committee consisting of four members, who shall be forest landowners or representatives of...
• 477.445   Distribution of fire emergency funds by committee.
  The committee shall supervise and control the distribution of funds from the Oregon Forest Land Protection Fund established under ORS 477.750. [Formerly 527.282; 1967 c.429...
• 477.450   Election of committee chairperson.
  After July 1, 1961, the committee shall meet and elect one of its members chairperson. The chairperson shall hold office for a period determined by...
• 477.455   Meetings of committee; committee administrator.
  (1) Regular meetings of the committee shall be held quarterly prior to the day set for meetings of the State Board of Forestry, as otherwise...
• 477.460   Duties of administrator; compensation and expenses.
  (1) The administrator shall act as secretary of the committee and shall carry out the provisions of ORS 477.440 to 477.460 in such manner as...
• 477.505   State Forester may declare fire season in district.
  (1) When conditions of fire hazard exist in a forest protection district or any part thereof, the State Forester may designate for that district or...
• 477.510   Acts prohibited during fire season.
  It is unlawful, during a fire season inside or within one-eighth of one mile of a forest protection district, to: (1) Smoke while working in...
• 477.515   Permits required for fires on forestlands; waiver; permit conditions; cooperative agreements for permit administration; rules.
  (1) It is unlawful to set or cause to be set an open fire inside or within one-eighth of one mile of a forest protection...
• 477.520   Refusal, suspension or revocation of permits.
  The forester may refuse, suspend or revoke a permit authorized by or issued under ORS 477.515 (1), when necessary in the judgment of the forester...
• 477.525   [1965 c.253 §97; repealed by 1967 c.429 §14 (477.526 enacted in lieu of 477.525)]
• 477.526   [1967 c.429 §15 (enacted in lieu of 477.525); repealed by 1969 c.204 §8]
• 477.530   [1965 c.253 §98; repealed by 1997 c.274 §55]
• 477.532   Regional air quality authority’s functions limited.
  None of the functions of the Environmental Quality Commission under ORS 477.013, 477.515 and 477.520 shall be performed by any regional air quality authority established...
• 477.535   Forester may proclaim forestland subject to restricted uses; coordination of state and federal land restrictions.
  (1) If the forester determines that any forestland inside or within one-eighth of one mile of a forest protection district is particularly exposed to fire...
• 477.540   Notice of proclamation; suspension or termination; reinstatement.
  (1) The forester shall cause a notice of the closure proclaimed under ORS 477.535 to be posted in conspicuous locations that are in or near...
• 477.545   Restricted uses during closure.
  (1) Regulated closures require entrants into designated areas to comply with the requirements set forth in the proclamation under ORS 477.535, which requirements in the...
• 477.550   Violation of restrictions; access for fire fighting permitted.
  (1) Except as provided in subsection (2) of this section, it is unlawful to enter any restricted area except in compliance with ORS 477.535 and...
• 477.552   Policy.
  It is the policy of the State of Oregon: (1) To improve the management of prescribed burning as a forest management and protection practice; and...
• 477.554   Program establishment; content.
  (1) With the advice and assistance of the advisory committee established under ORS 477.556, and subject to the review of the State Board of Forestry,...
• 477.556   Advisory committee; membership; terms; staff.
  (1) An advisory committee shall be created by the State Forester to advise and assist the State Forester in carrying out the programs required by...
• 477.558   Functions for advisory committee.
  The advisory committee created under ORS 477.556 shall: (1) Advise the State Forestry Department in collecting information about prescribed burning operations; and (2) Advise the...
• 477.560   Oregon Forest Smoke Management Account; moneys paid to account; use.
  (1) The Oregon Forest Smoke Management Account is established separate and distinct from the General Fund in the State Treasury. (2) The following moneys shall...
• 477.562   Registration fee; rules.
  (1) The State Forestry Department shall collect a nonrefundable registration fee for Class 1 forestland under ORS 526.324 to be burned west of the summit...
• 477.565   Felling dead trees and snags; rules.
  (1) In an operation area on forestland inside or within one-eighth of one mile of a forest protection district: (a) If power-driven machinery is used...
• 477.570   [Formerly 477.242; repealed by 1973 c.46 §8]
• 477.575   [Formerly 477.244; 1969 c.680 §3; 1973 c.46 §4; repealed by 1987 c.154 §1]
• 477.580   Determination of additional fire hazards; notice to landowner; plan for reducing hazard; release from liability.
  (1) Following the issuance of a permit pursuant to ORS 477.625, and after slashing has been created in an operation area inside or within one-eighth...
• 477.585   [1967 c.429 §56; repealed by 1973 c.46 §8]
• 477.605   Enjoining violations of ORS 477.615 and 477.645 to 477.655.
  Any person violating any provisions of ORS 477.615 and 477.645 to 477.655 may be enjoined in an appropriate judicial proceeding from the further use of...
• 477.610   Standardization of fire-fighting equipment used to protect forestland; rules.
  (1) Notwithstanding any other law, the State Forester, in cooperation with other forest protection associations and agencies, shall carry on a continuous program for the...
• 477.615   Additional water supply and equipment; rules.
  (1) During a fire season inside or within one-eighth of one mile of a forest protection district, when, in the judgment of the forester, an...
• 477.620   [Formerly 477.215; repealed by 1995 c.605 §1]
• 477.625   Permit to use fire or power-driven machinery; exception; conditions; waiver of permit.
  (1) Every person conducting an operation inside or within one-eighth of one mile of a forest protection district that uses fire in any form or...
• 477.627   [1975 c.185 §3; repealed by 1975 c.185 §6]
• 477.630   Information in permit.
  (1) Each permit issued under ORS 477.625 shall include: (a) The legal description of the area upon which any operation is to be conducted, or...
• 477.635   Authority to issue, refuse, suspend or revoke permit.
  The forester may issue the permits required in ORS 477.625 and suspend or revoke such permits because of violation of the terms thereof or noncompliance...
• 477.640   Use and refueling of power saws.
  During a fire season, every person using, operating or fueling a saw powered by an internal combustion engine inside or within one-eighth of one mile...
• 477.645   Internal combustion engines; rules.
  (1) During a fire season every person operating an internal combustion engine inside or within one-eighth of one mile of a forest protection district shall...
• 477.650   Stationary internal combustion engines; rules; waiver.
  (1) During a fire season every person operating a stationary internal combustion engine inside or within one-eighth of one mile of a forest protection district...
• 477.655   Fire-fighting tools and equipment at operation area and on trucks; rules.
  During a fire season inside or within one-eighth of one mile of a forest protection district: (1) Every person conducting an operation shall provide and...
• 477.660   Additional protection facilities or services at operation area.
  During a fire season when in the judgment of the forester any operation inside or within one-eighth of one mile of a forest protection district...
• 477.665   Fire watch service; rules; waiver.
  (1) During a fire season inside or within one-eighth of one mile of a forest protection district, every operator using power-driven machinery in an operation...
• 477.670   When use of fire or power-driven machinery prohibited.
  During a fire season inside or within one-eighth of one mile of a forest protection district situated west of the summit of the Cascade Mountains,...
• 477.685   [Formerly 477.246; repealed by 1995 c.605 §1]
• 477.690   [Formerly 477.248; repealed by 1995 c.605 §1]
• 477.695   Removal of flammable material from railroad rights of way.
  (1) Every person operating a railroad of any kind in this state inside or within one-eighth of one mile of a forest protection district shall...
• 477.705   [Formerly 477.302; repealed by 1983 c.327 §16]
• 477.710   Starting of campfire or other open fire restricted; exceptions.
  It is unlawful for any person to start a campfire or other open fire without first clearing the area immediately around and above it of...
• 477.715   [1965 c.253 §129; repealed by 1971 c.743 §432]
• 477.720   Accidentally setting fire to forestland; failure to prevent spread.
  (1) It is unlawful, having accidentally set fire to any forestland, or any place from which fire may be communicated to forestland, to fail to...
• 477.730   [Formerly 477.306; repealed by 1971 c.743 §432]
• 477.735   [Formerly 477.308; 1971 c.743 §389; repealed by 1987 c.905 §37]
• 477.740   Unlawful use of fire.
  A person commits the offense of unlawful use of fire if the person: (1) In the ignition of a fire: (a) Unlawfully sets on fire,...
• 477.745   Liability of parents for costs of suppressing fire caused by minor child.
  (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for costs incurred...
• 477.747   Policies and plans for restoration of burned forestland.
  The State Forestry Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of State Lands and any other...
• 477.750   Oregon Forest Land Protection Fund; source; use.
  (1) The Oregon Forest Land Protection Fund is created, separate and distinct from the General Fund. This fund shall be held by the State Treasurer...
• 477.755   Appropriation of fund for emergency fire suppression costs; limitation on expenditures.
  (1) Notwithstanding ORS 291.238, the moneys in the Oregon Forest Land Protection Fund are appropriated continuously to the Emergency Fire Cost Committee and shall be...
• 477.760   Reserve base of fund fixed; annual determination of excess over base; tax levies and assessments to maintain base.
  (1) The reserve base of the Oregon Forest Land Protection Fund is $22.5 million. On or about the last day of February of each year...
• 477.765   [1969 c.524 §5; repealed by 1985 c.759 §40]
• 477.770   Rules relating to use of fund.
  The Emergency Fire Cost Committee shall promulgate rules relating to the disposition of moneys from the Oregon Forest Land Protection Fund. Under such rules the...
• 477.775   Emergency fire suppression costs insurance; considerations; payment of premium from fund.
  (1) Prior to February 1 of each year, the Emergency Fire Cost Committee and the forester shall consult regarding the purchase of emergency fire suppression...
• 477.777   Budget request required for fire insurance and fire suppression resources; report.
  (1) As part of the preparation of the budget forms submitted to the Oregon Department of Administrative Services pursuant to ORS 291.208 for the State...
• 477.780   [1969 c.524 §14; repealed by 1985 c.759 §40]
• 477.805   [1967 c.429 §37; repealed by 1985 c.759 §40]
• 477.810   [1961 c.689 §2; 1965 c.253 §145; repealed by 1967 c.429 §61]
• 477.820   [1961 c.689 §3; 1967 c.429 §39; repealed by 1985 c.759 §40]
• 477.830   [1961 c.689 §§4,5(3); 1969 c.524 §11; 1977 c.182 §4; 1981 c.321 §2; repealed by 1985 c.759 §40]
• 477.840   [1961 c.689 §5(1),(2); repealed by 1969 c.524 §15]
• 477.850   [1961 c.689 §6; repealed by 1985 c.759 §40]
• 477.880   Acreage assessment; east side forestlands; certain forestlands west of Cascade Mountains; rate.
  (1) An assessment for the cost of fire protection and suppression is levied upon the owners of all forestland that has been classified under ORS...
• 477.885   [1969 c.524 §9; repealed by 1985 c.759 §40]
• 477.910   [1959 c.320 §1; 1965 c.253 §146; repealed by 1967 c.429 §61]
• 477.920   [1959 c.320 §7; repealed by 1985 c.759 §40]
• 477.930   [1959 c.320 §2; 1967 c.429 §41; repealed by 1985 c.759 §40]
• 477.940   [1959 c.320 §3; 1967 c.429 §42; 1969 c.524 §12; 1981 c.321 §4; repealed by 1985 c.759 §40]
• 477.950   [1959 c.320 §4; 1961 c.689 §7; 1965 c.428 §17; repealed by 1969 c.524 §15]
• 477.960   Collection of assessment.
  (1) Insofar as applicable, the assessment levied under ORS 477.880 shall be due and payable to the forester in like manner and procedure, including penalties...
• 477.970   Disposition of receipts.
  The receipts from the assessment levied by ORS 477.880 shall be paid into the Oregon Forest Land Protection Fund. [1959 c.320 §6; 1961 c.689 §9;...
• 477.980   Enforcement policy; rules; factors considered.
  The State Board of Forestry, by rule, shall establish the enforcement policy for violations prescribed in ORS 477.993. In determining the enforcement policy, the board...
• 477.985   Enforcement procedure; disposition of fines and costs.
  (1) In addition to any other persons permitted to enforce violations, the State Forestry Department and the State Forester, or any employee specifically designated by...
• 477.990   [Amended by 1953 c.68 §19; subsection (5) of 1957 Replacement Part enacted as 1953 c.68 §17; subsections (11) and (12) of 1957 Replacement Part enacted as 1953 c.152 §§6,7; repealed by 1959 c.363 §14 (subsections (1) to (5) of 477.993 (1963 Replacement Part) enacted in lieu of 477.990)]
• 477.992   [Repealed by 1959 c.363 §21]
• 477.993   Penalties.
  (1) Violation of any of the provisions of ORS 477.510, 477.515, 477.535 to 477.550, 477.565, 477.615, 477.625, 477.635 to 477.670, 477.695, 477.710, 477.720 or 477.740,...

Last modified: August 7, 2008