(1) Conduct a prescribed fire that burns across land ownership boundaries if the person obtains a permit for the fire as described in ORS 477.515 or 477.625 and complies with the conditions of the permit.
(2) Obtain a single permit under ORS 477.515 or 477.625 for a prescribed fire that burns across land ownership boundaries if the person demonstrates to the department that the person has obtained consent to conduct the fire from all persons on whose lands the fire is planned to burn. [2021 c.592 §25]
Note: 477.698 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 25a, chapter 592, Oregon Laws 2021, provides:
Sec. 25a. The State Forestry Department shall initiate the rulemaking described in section 25 of this 2021 Act [477.698] on or before November 30, 2021, and finalize the rulemaking on or before November 30, 2022. [2021 c.592 §25a]
Note: Sections 1 and 2, chapter 230, Oregon Laws 2021, provide:
Sec. 1. Study on liability for prescribed fires. (1) The Department of Consumer and Business Services, in consultation with the State Forestry Department, the Oregon Forest and Industries Council, the Oregon Small Woodlands Association, Oregon State University, the Oregon Prescribed Fire Council and a representative of the insurance industry, shall study liability for prescribed fires. The study shall examine:
(a) The accessibility of insurance coverage for prescribed fires, including insurance premium costs, the number of companies that offer the coverage and whether companies that offer the coverage impose minimum equipment requirements;
(b) Any barriers to increasing the accessibility of insurance coverage for prescribed fires, including whether a liability standard of negligence or gross negligence for prescribed fires makes the coverage more or less affordable;
(c) How often escaped prescribed fires occur, how many acres escaped prescribed fires consume, costs associated with suppressing escaped prescribed fires, costs associated with property damage caused by escaped prescribed fires and how states pay for suppression of escaped prescribed fires; and
(d) Which states have adopted liability standards of negligence and gross negligence for prescribed fires and whether states that have shifted a liability standard from negligence to gross negligence have subsequently observed differences in numbers of prescribed fires conducted, of acres burned in prescribed fires or of escaped prescribed fires.
(2) The Department of Consumer and Business Services shall report to an appropriate committee or interim committee of the Legislative Assembly on the results of the study no later than July 1, 2022.
(3) All agencies of state government, as defined in ORS 174.111, shall:
(a) Assist the department in complying with the requirements of subsection (1) of this section; and
(b) Upon request by the department, and to the extent permitted by laws related to confidentiality, provide information and advice to the department that the department deems necessary to comply with the requirements of subsection (1) of this section. [2021 c.230 §1]
Sec. 2. Section 1 of this 2021 Act is repealed on January 2, 2023. [2021 c.230 §2]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 477 - Fire Protection of Forests and Vegetation
Section 477.001 - Definitions.
Section 477.009 - Investigative authority of Attorney General for fire protection administration.
Section 477.013 - Smoke management plan; rules.
Section 477.027 - Establishment of classes of wildland-urban interface; rules.
Section 477.066 - Duty of owner and operator to abate fire; abatement by authorities.
Section 477.068 - Liability for cost of abatement; interest; lien; foreclosure; attorney fees.
Section 477.089 - Recovery for property damage; liability for firefighting costs.
Section 477.092 - Liability for destruction of property by wildfire.
Section 477.095 - Applicability of ORS 477.068, 477.085 and 477.089.
Section 477.100 - Ability of owner to suppress fire; limitation.
Section 477.120 - Liability of owner or operator.
Section 477.123 - Volunteer fighters of wildfires.
Section 477.128 - Expenditures for criminal defense related to fire suppression activities.
Section 477.150 - Smoke detection cameras.
Section 477.155 - Wildfire response capacity.
Section 477.161 - Fire protection for lands outside forest protection districts.
Section 477.175 - Definition of "all possible aid" for agreement.
Section 477.185 - Use of local fire protection resources.
Section 477.190 - Authority of Governor to carry out agreement.
Section 477.195 - Ratification of Northwest Wildland Fire Protection Agreement.
Section 477.200 - Northwest Wildland Fire Protection Agreement.
Section 477.205 - Definitions for ORS 477.205 to 477.281.
Section 477.220 - Lands not provided protection; lands not included within ORS 477.205 to 477.281.
Section 477.232 - Costs in excess of budget; amounts not expended.
Section 477.250 - Notice of budget meeting; notice of proposed assessment.
Section 477.255 - Holding of budget meeting; revision and submission of budget for final approval.
Section 477.260 - Appeal to board.
Section 477.270 - Budgeted cost of forester to be lien; collection; deposit of amounts collected.
Section 477.281 - Limitation on obligation of landowner for fire protection.
Section 477.295 - Minimum assessment under ORS 477.270; combining lots; fees; rules.
Section 477.315 - Definitions for ORS 477.315 to 477.325.
Section 477.317 - State Forester assistance to rangeland protection association.
Section 477.325 - Budget for rangeland protection; collection of costs; disposition of receipts.
Section 477.355 - Fire wardens generally.
Section 477.365 - Duties and powers of wardens.
Section 477.408 - Provisions of contract or agreement.
Section 477.409 - Contracts for off-season services for fire prevention and suppression personnel.
Section 477.440 - Emergency Fire Cost Committee; members; terms; vacancies.
Section 477.455 - Meetings of committee; committee administrator.
Section 477.460 - Duties of administrator; compensation and expenses.
Section 477.490 - Statewide map of wildfire risk; rules.
Section 477.503 - Reduction of wildfire risk.
Section 477.504 - No effect on management of private lands.
Section 477.505 - State Forester may declare fire season in district.
Section 477.510 - Acts prohibited during fire season.
Section 477.512 - Additional acts prohibited during fire season.
Section 477.540 - Notice of proclamation; suspension or termination; reinstatement.
Section 477.545 - Restricted uses during closure.
Section 477.550 - Violation of restrictions; access for fire fighting permitted.
Section 477.554 - Program establishment; content.
Section 477.556 - Advisory committee; membership; terms; staff.
Section 477.558 - Functions for advisory committee.
Section 477.560 - Oregon Forest Smoke Management Account; moneys paid to account; use.
Section 477.562 - Registration fee; rules.
Section 477.565 - Felling dead trees and snags; rules.
Section 477.610 - Standardization of fire-fighting equipment used to protect forestland; rules.
Section 477.615 - Additional water supply and equipment; rules.
Section 477.630 - Information in permit.
Section 477.645 - Internal combustion engines; rules.
Section 477.650 - Stationary internal combustion engines; rules; waiver.
Section 477.655 - Fire-fighting tools and equipment at operation area and on trucks; rules.
Section 477.665 - Fire watch service; rules; waiver.
Section 477.695 - Removal of flammable material from railroad rights of way.
Section 477.698 - Permits for prescribed fires; rules.
Section 477.720 - Accidentally setting fire to forestland; failure to prevent spread.
Section 477.740 - Unlawful use of fire.
Section 477.745 - Liability of parents for costs of suppressing fire caused by minor child.
Section 477.747 - Policies and plans for restoration of burned forestland.
Section 477.748 - Small forestland grant program.
Section 477.750 - Oregon Forest Land Protection Fund; source; use.
Section 477.755 - Appropriation of fund; limitation on expenditures.
Section 477.777 - Agency request budget; expenditures; report.
Section 477.960 - Collection of assessment.
Section 477.980 - Enforcement policy; rules; factors considered.