2021 Oregon Revised Statutes
Chapter 526 - Forestry Administration
Section 526.360 - State Forester to assist in developing forestland for agricultural uses; supervision of certain burning; refusal of supervision or permit; Certified Burn Manager program; rules; liability for damage.

(a) Removing a fire hazard to any property;
(b) Preparing seed beds;
(c) Removing obstructions to or interference with the proper seeding or agricultural or grazing development or use of that land;
(d) Promoting the establishment of new forest crops on cutover, denuded or underproductive lands;
(e) Implementing pest prevention and suppression activities, as provided in ORS 527.310 to 527.370; or
(f) Promoting improvements to forest health, including improvements to fish and wildlife habitat.
(2) Upon request of the owner or the agent of the owner of any forestland classified pursuant to ORS 526.328 or 526.340, the forester or a forest protective association may perform or supervise burning operations thereon for any of the purposes stated in subsection (1) of this section. The owner or the agent of the owner shall supply such personnel and equipment and shall perform such fire control actions and activities as the forester or forest protective association may require while there is danger of the fire spreading. The forester or forest protective association may refuse to perform or supervise burning or to issue any burning permit when, in the judgment of the forester or forest protective association, conditions so warrant.
(3) To accomplish the purposes set forth in subsection (1) of this section, the board shall establish by rule a Certified Burn Manager program.
(4) The rules shall include:
(a) Certification standards, requirements and procedures;
(b) Standards, requirements and procedures to revoke certification;
(c) Actions and activities that a Certified Burn Manager must perform;
(d) Actions and activities that a Certified Burn Manager may not allow or perform;
(e) Limitations on the use of a Certified Burn Manager; and
(f) Any other standard, requirement or procedure that the board considers necessary for the safe and effective administration of the program.
(5) The rules may establish and impose fees for participation in the program.
(6) When a burning for any of the purposes stated in subsection (1) of this section on forestland classified pursuant to ORS 526.328 or 526.340 is started under the supervision of and supervised by the forester, a forest protective association or a Certified Burn Manager, a person may not be held liable for property damage resulting from that burning unless the damage is caused by the negligence of the person. [Amended by 1965 c.253 §42; 1967 c.429 §33; 1999 c.101 §2; 2021 c.592 §26]

Structure 2021 Oregon Revised Statutes