(a) The prior harvest type 3 unit has been reforested by all applicable regulations;
(b) At least the minimum tree stocking required by rule is established per acre; and
(c)(A) The resultant stand of trees has attained an average height of at least four feet; or
(B) At least 48 months have elapsed since the stand was created and it is "free to grow" as defined by the board.
(2) The requirements of this section are in addition to all other requirements of the Oregon Forest Practices Act and the rules adopted thereunder. The requirements of this section shall be applied in lieu of such other requirements only to the extent the requirements of this section are more stringent. Nothing in this section shall apply to operations conducted under ORS 527.740 (4) or (5).
(3) The board shall require that a plan for an alternate practice be submitted prior to approval of a harvest type 3 operation under this section. The board may establish by rule any additional standards applying to operations under this section.
(4) The State Forester shall approve the harvest type 3 operation if the proposed operation would provide better overall results in meeting the requirements and objectives of the Oregon Forest Practices Act.
(5) The board shall specify by rule the information to be submitted for approval of harvest type 3 operations under this section, including evidence of past satisfactory compliance with the Oregon Forest Practices Act. [1991 c.919 §7; 1995 s.s. c.3 §39d; 1996 c.9 §6; 2003 c.740 §5; 2005 c.22 §378]
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.