(a) Two snags or two green trees at least 30 feet in height and 11 inches DBH or larger, at least 50 percent of which are conifers; and
(b) Two downed logs or downed trees, at least 50 percent of which are conifers, that each comprise at least 10 cubic feet gross volume and are no less than six feet long. One downed conifer or suitable hardwood log of at least 20 cubic feet gross volume and no less than six feet long may count as two logs.
(2) In meeting the requirements of this section, the operator has the sole discretion to determine the location and distribution of wildlife leave trees, including the ability to leave snags, trees and logs in one or more clusters rather than distributed throughout the unit and, if specifically permitted by the State Board of Forestry by rule, to meet the wildlife leave tree requirements by counting snags, trees or logs otherwise required to be left in riparian management areas or resource sites listed in ORS 527.710, subject to:
(a) Safety and fire hazard regulations;
(b) Rules or other requirements relating to wildlife leave trees established by the State Board of Forestry or the State Forester; and
(c) All other requirements pertaining to forest operations.
(3) In meeting the requirements of this section, the State Forester:
(a) Shall consult with the operator concerning the selection of wildlife leave trees when the State Forester believes that retaining certain trees or groups of trees would provide increased benefits to wildlife.
(b) May approve alternate plans submitted by the operator to meet the provisions of this section, including but not limited to waiving:
(A) The requirement that at least 50 percent of wildlife leave trees be conifers, upon a showing that a site is being intensively managed for hardwood production; and
(B) In whole or in part, the requirements of this section for one operation if an alternate plan provides for an equal or greater number of wildlife leave trees in another harvest type 2 or harvest type 3 operation, that the State Forester determines would achieve better overall benefits for wildlife.
(c) May require, for operations adjacent to a fish-bearing or domestic use stream, in addition to trees otherwise required to be left in riparian management areas, up to 25 percent of the green trees required to be retained under this section to be left in or adjacent to the riparian management area of the stream.
(d) May require by rule, for operations adjacent to a small, nonfish-bearing stream subject to rapidly moving landslides as defined in ORS 195.250, that available green trees and snags be left in or adjacent to the stream. The operator must leave available green trees and snags under this paragraph within an area that is 50 feet on each side of the stream and no more than 500 feet upstream from a riparian management area of a fish-bearing stream.
(4) When a harvest type 2 or harvest type 3 unit occurs adjacent to a prior harvest type 2 or harvest type 3 unit, resulting in a combined total contiguous acreage of harvest type 2 or harvest type 3 under single ownership exceeding 25 acres, the wildlife leave tree and downed log requirements of subsection (1) of this section apply to the combined total contiguous acreage. [1996 c.9 §9 (enacted in lieu of 527.675); 2001 c.340 §1]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 527 - Pest Control; Forest Practices
Section 527.310 - Definitions for ORS 527.310 to 527.370.
Section 527.315 - Process components.
Section 527.346 - State Forester to assist owners unable to take action against pest.
Section 527.610 - Short title.
Section 527.620 - Definitions for ORS 527.610 to 527.770.
Section 527.630 - Policy; rules.
Section 527.650 - Forest practice committees; members; qualifications; appointment; terms.
Section 527.678 - Wildlife food plots; rules.
Section 527.683 - Notice of violation.
Section 527.685 - Civil penalty considerations; rules.
Section 527.687 - Civil penalty procedure.
Section 527.714 - Types of rules; procedure; findings necessary; rule analysis.
Section 527.740 - Harvest type 3 limitations; exceptions.
Section 527.745 - Reforestation of certain harvest types; adoption of standards; rules.
Section 527.750 - Exceeding harvest type 3 size limitation; conditions; rules.
Section 527.755 - Scenic highways; visually sensitive corridors; operations restricted; exemptions.
Section 527.760 - Reforestation exemptions for land use changes.
Section 527.765 - Best management practices to maintain water quality; rules.
Section 527.780 - Exemption from liability for trees or debris left on property.
Section 527.785 - Exemption from liability for large woody debris left on property.
Section 527.786 - Definitions.
Section 527.787 - Registering to receive notice of pesticide application.
Section 527.788 - Notice to State Forestry Department of proposed pesticide application.
Section 527.789 - Notice to nearby recipient of proposed pesticide application.
Section 527.790 - Notice to State Forestry Department prior to pesticide application.
Section 527.791 - Verifying completion of pesticide application.
Section 527.792 - Designation of forestland units.
Section 527.793 - Failure to send notice; penalties.
Section 527.794 - Department reporting system.
Section 527.795 - Daily spray records; penalties.
Section 527.796 - Interference with pesticide application; penalties.
Section 527.797 - Limitations on pesticide applications.
Section 527.798 - Reporting points of diversion.