Department of Forestry
Chapter 629
Division 643
WATER PROTECTION RULES: VEGETATION ALONG STREAMS
629-643-0000
Vegetation Retention Goals for Streams; Desired Future Conditions
(1) The purpose of this rule is to describe the vegetation retention measures for streams, the measures’ purposes, and how the measures shall be implemented. The vegetation retention requirements for streams, as described in OAR 629-643-0100 through 629-643-0500, are designed to produce desired future conditions for the wide range of stand types, channel conditions, and disturbance regimes that exist in Oregon’s forestlands.
(2) The desired future condition for streamside areas that require forested buffers is to grow and retain vegetation so that, over time, average conditions across the landscape become similar to the conditions of mature streamside stands. Oregon has a tremendous diversity of forest tree species and stand density along waters of the state. The age of mature streamside stands varies by tree species. Mature stands generally occur between 80 and 200 years of stand age. Hardwood stands and some conifer stands may become mature at an earlier age. Mature forests provide ample shade over the channel, an abundance of large wood in the channel, channel-influencing root masses along the edge of the high-water level, and regular inputs of nutrients through litter fall. Mature forests are generally composed of multi-aged trees of appropriate and varied density, native tree species well suited to the site, a mature understory, snags, and downed wood.
(3) For the forests specified in (2) above, the rule standards for desired future conditions and located in Western Oregon or the inner zone in Eastern Oregon can be developed by using normal conifer yield tables for the average upland stand consistent with the geographic region to estimate the conifer basal area for average unmanaged mature streamside stands (at age 120). For site specific vegetation retention prescriptions basal area targets, see the table in OAR 629-643-0400. These rule standards provide guidance for operators to implement site specific alternate plans to develop site specific vegetation prescriptions, described in OAR 629-643-0400.
(4) The desired future condition for streamside areas that do not require tree retention areas, as defined in OAR 629-643-0130, is to have sufficient streamside vegetation to support the functions and processes important to downstream fish use waters and domestic water use, and to provide habitat for amphibians and other wildlife across the landscape. Such functions and processes include but are not limited to:
(a) Maintaining downstream cool water temperature and other water quality parameters;
(b) Influencing sediment production;
(c) Stabilizing banks; and
(d) Contributing nutrients and organic matter.
(5) In many cases, the operator may achieve the desired future condition for streams by applying the standard vegetation retention and small forestland owner minimum option prescriptions as described in OAR 629-643-0100, 629-643-0105, 629-643-0120, 629-643-0125, 629-643-0130, 629-643-0135, 629-643-0141, 629-643-0142, 629-643-0143, and 629-643-0145. In other cases, the existing streamside vegetation may not be able to develop into the desired future condition in a timely manner. In these cases, the operator may apply an alternative vegetation retention prescription as described in OAR 629-643-0300 or develop a site-specific vegetation retention prescription as described in OAR 629-643-0400. For the purposes of these water protection rules, "in a timely manner" means that the trees within the riparian management area will substantially move towards the desired future condition more quickly than if the trees are left untreated.
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.765, 527.630, Section 2(2), Chapter 33, Oregon Laws 2022, ORS 527.714 & Section 6, Chapter 33, Oregon Laws 2022
History:
DOF 2-2025, amend filed 09/05/2025, effective 03/01/2026
DOF 7-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0100
Western Oregon; Standard Practice Vegetation Retention Prescription for Type F and Type SSBT Streams
(1) The purpose of this rule is to provide the standard practice vegetation retention prescription for Western Oregon Type F and Type SSBT streams, as shown in Table 1. The riparian management area distances described in Table 1 are listed for each stream size category, as defined in OAR 629-635-0200. The operator shall apply the vegetation retention requirements described in this rule. Small forestland owners, as defined in OAR 629-600-0100, may follow the alternative vegetation retention option described in OAR 629-643-0141.
[Insert Table 1. Western Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
(2) Within an operation, the operator shall not combine or average together the vegetation retention requirements for stream segments of streams that are in different size categories.
(3) The operator shall retain:
(a) All trees and vegetation within the distances from the edge of the active channel or the channel migration zone, as described in Table 1; and
(b) All trees leaning over the channel.
(4) Within riparian management areas the operator shall retain all downed wood and snags that are not safety or fire hazards. The operator shall leave snags felled for safety or fire hazard reasons where they are felled unless used for stream improvement projects.
(5) The operator may fall, move, or harvest vegetation, snags, and trees within the distances described in Table 1 as allowed in other rules for road construction and temporary stream crossings (OAR 629-625-0000 through 629-625-0920), yarding corridors (OAR 629-630-0000 through 629-630-0925), or for stream improvement (OAR 629-643-0200).
(6) The operator may conduct pre-commercial thinning and other release activities to maintain the growth and survival of reforestation or to promote fire resiliency within riparian management areas if the operator conforms to the following:
(a) The operator shall ensure these activities contribute to and are consistent with enhancing the stand’s ability to meet the desired future condition; and
(b) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.
(7) The operator may count retained trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, as follows:
(a) For all medium and large Type F and Type SSBT streams, the operator may count retained trees within the outer 20 feet of the distances described in Table 1 when those retained trees otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.
(b) For all small Type F and Type SSBT streams, the operator may count retained trees within the distances described in Table 1 that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.
(8) If the vegetation retention requirements span a road and a safety hazard presents a risk to road users, the operator may request that the State Forester approve a plan to remove trees upslope of the road. The State Forester shall authorize tree removal within the designated tree retention area only under the following conditions:
(a) Within the tree retention area, the width of the area where trees may be harvested from the upslope edge of the road shall be less than 15 feet.
(b) An equivalent basal area is retained elsewhere within the harvest unit adjacent to the tree retention area or designated debris flow traversal areas.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 5-2022, adopt filed 11/09/2022, effective 07/01/2023
629-643-0105
Western Oregon Standard Practice Vegetation Retention Prescription for Type N Streams
(1) The purpose of this rule is to provide the standard practice vegetation retention prescription for Western Oregon Type N streams, as shown in Table 1. The riparian management area distances described in Table 1 are listed for each stream size category, as defined in OAR 629-635-0200. The operator shall apply the vegetation retention requirements described in this rule. Small forestland owners, as defined in OAR 629-600-0100, may follow the alternative vegetation retention option described in OAR 629-643-0141.
[Insert Table 1. Western Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
(2) The standard practice prescriptions and riparian management widths apply to Type N streams, depending on whether the stream classification is perennial (Np) or seasonal (Ns). The State Forester shall classify a Type N stream as Np or Ns following the process described in OAR 629-635-0200(18)(b) and (c).
(3) For large and medium Type N streams, the operator shall:
(a) Retain all trees and vegetation within 75 feet from the edge of the active channel or channel migration zone.
(b) Retain all trees leaning over the channel.
(4) For small Type Np streams flowing into a Type SSBT stream, the operator shall retain all trees within:
(a) 75 feet from the edge of the active channel for a maximum distance of 500 feet upstream of the confluence of the Type SSBT stream; and
(b) 50 feet from the edge of the active channel for a maximum additional distance of 650 feet upstream beyond the distance required by (a);
(A) The operator shall determine the total distance of the tree retention area upstream of the confluence, as described in (a) and (b), according to the process in OAR 629-643-0130
(B) This distance may extend to the RH max of 1,150 feet.
(c) For locations upstream of the tree retention requirements in this rule, the operator shall apply an R-ELZ or ELZ as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).
(5) For small Type Np streams flowing into a Type F stream, the operator shall retain all trees within 75 feet from the edge of the active channel for a distance not to exceed RH max of 600 feet upstream of the confluence with the Type F stream.
(a) The operator shall determine the total distance of the tree retention area according to the process in OAR 629-643-0130.
(b) For locations upstream of the tree retention requirements in this rule, the operator shall apply an R-ELZ or ELZ as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).
(6) Within riparian management areas, the operator shall retain all downed wood and snags that are not safety or fire hazards. The operator shall leave all snags felled for safety or fire hazard reasons where they are felled unless used for stream improvement projects.
(7) The operator may fall, move, or harvest vegetation, snags, and trees within the distances described in Table 1 as allowed in other rules for road construction and temporary stream crossings (OAR 629-625-0000 through 629-625-0920), yarding corridors (OAR 629-630-0000 through 629-630-0925), or for stream improvement (OAR 629-643-0200).
(8) The operator may conduct pre-commercial thinning and other release activities to maintain the growth and survival of reforestation or to promote fire resiliency within riparian management areas if the operator conforms to the following:
(a) The operator shall ensure that such activities contribute to and are consistent with enhancing the stand’s ability to meet the desired future condition.
(b) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.
(9) For all Type Np or Type Ns streams, the operator may count all retained trees within the distances described in Table 1 that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.
(10) If the vegetation retention requirements span a road and a safety hazard presents a risk to road users, the operator may request that the State Forester approve a plan to remove trees upslope of the road. The State Forester shall authorize tree removal within the designated tree retention area only under the following conditions:
(a) Within the tree retention area, the width of the area where trees may be harvested from the upslope edge of the road shall be less than 15 feet.
(b) An equivalent basal area shall be retained elsewhere within the harvest unit adjacent to the tree retention area or designated debris flow traversal areas.
(11) For a Type Ns streams, the operator shall apply a 35-foot ELZ to each side of the channel as required in OAR 629-630-0700 and 629-630-0800.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0120
Eastern Oregon; Standard Practice Vegetation Retention Prescription for Type F and Type SSBT Streams
(1) The purpose of this rule is to provide the standard practice vegetation retention prescription for Eastern Oregon Type F and Type SSBT streams, as shown in Table 2. The riparian management area distances described in Table 2 are listed for each stream size category, as defined in OAR 629-635-0200. The operator shall apply the vegetation retention requirements described in this rule. Small forestland owners, as defined in OAR 629-600-0100, may follow the alternative vegetation retention option described in OAR 629-643-0142.
[Table 2: Eastern Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
(2) Within an operation, the operator shall not combine or average together the vegetation retention requirements for stream segments of streams that are in different size categories.
(3) The operator shall retain:
(a) All trees and vegetation within the inner zone, as described in Table 2, from the edge of the active channel or channel migration zone;
(b) All trees leaning over the channel; and
(c) A minimum of 60 square feet of basal area per acre within the outer zone and:
(A) The outer zone distances for each stream size, as described in Table 2, for the outer zone, as measured from the edge of the inner zone. To meet the basal area target requirement, the operator shall retain 27 trees from the largest diameter class per acre.
(B) The remainder of the trees shall consist of trees greater than eight inches DBH.
(C) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.
(D) Retained trees shall be well distributed within the outer zone, limited by existing site or stand condition
(E) Notwithstanding (A) through (D) above, the distribution, species, and size of retained trees shall be left on site in a way that promotes fire resiliency and overall stand health.
(F) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.
(4) The operator shall adhere to an ELZ in the outer zone, as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).
(5) The operator may fall, move, or harvest vegetation, snags, and trees within the distances described in Table 2 and as allowed in other rules for road construction and temporary stream crossings (OAR 629-625-0000 through 629-625-0920), yarding corridors (OAR 629-630-0000 through 629-630-0925), or for stream improvement (OAR 629-643-0200).
(6) The operator may conduct pre-commercial thinning and other release activities to maintain the growth and survival of reforestation or to promote fire resiliency within riparian management areas if the operator conforms to the following:
(a) The operator shall ensure that such activities contribute to and are consistent with enhancing the stand’s ability to meet the desired future condition.
(b) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.
(7) The operator may count all retained trees in the outer zone that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.
(8) If the vegetation requirements span a road and a safety hazard presents a risk to road users, the operator may request that the State Forester approve a plan to remove trees upslope of the road. The State Forester shall authorize tree removal within the designated tree retention area only under the following conditions:
(a) Within the tree retention area, the width of the area where trees may be harvested from the upslope edge of the road shall be less than 15 feet.
(b) The operator retains an equivalent basal area elsewhere within the harvest unit adjacent to the tree retention area.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710, 527.630(3), 527.714, 526.016(4) & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(5), 527.674, 527.714, 527.715, 527.765, 527.710 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 5-2022, adopt filed 11/09/2022, effective 07/01/2023
629-643-0125
Eastern Oregon; Standard Practice Vegetation Retention Prescription for Type N Streams
(1) The purpose of this rule is to provide the standard practice vegetation retention prescription for Eastern Oregon Type N streams, as shown in Table 2. The riparian management area distances described in Table 2 are listed for each stream size category, as defined in OAR 629-635-0200. The operator shall apply the vegetation retention requirements described in this rule. Small forestland owners, as defined in OAR 629-600-0100, may follow the alternative vegetation retention option described in OAR 629-643-0142.
[Table 2: Eastern Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
(2) The standard practice prescriptions and riparian management widths apply to Type N streams, depending on whether the stream classification is perennial (Np) or seasonal (Ns). The State Forester shall determine the classification of a Type N stream as Np or Ns following the process described in OAR 629-635-0200(18).
(a) To apply the appropriate vegetation requirements as described in Table 2, a small Type Np stream shall be classified as either terminal or lateral.
(b) The State Forester shall provide maps that show the stream class.
(3) For large and medium Type Np streams, the operator shall:
(a) Retain all trees and vegetation within the inner zone.
(b) Retain all trees leaning over the channel.
(A) For the outer zone, a minimum of 60 square feet of basal area per acre beyond the 30-foot inner zone, using the distances shown for the stream size described in Table 2. The operator shall measure the outer zone starting from the edge of the inner zone. To meet the basal area target requirement, the operator shall retain 27 trees from the largest diameter class per acre.
(B) The remainder of the trees shall consist of trees greater than eight inches DBH.
(C) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.
(D) Retained trees shall be well distributed within the outer zone unless limited by existing site or stand conditions.
(E) Notwithstanding (A) through (D) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health and shall be described in the written plan.
(F) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.
(c) Adhere to an ELZ in the outer zone, for 30 feet extending from the outer edge of the inner zone.
(d) For locations upstream from the tree retention requirements in this rule, the operator shall apply an R-ELZ or ELZ as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).
(4) For a small terminal Type Np stream flowing into a Type F or Type SSBT stream, the operator shall retain all trees within:
(a) 30 feet from the edge of the active channel, for a maximum distance of 500 feet upstream of the confluence with the Type F or Type SSBT stream. The operator shall determine the total distance of the tree retention area above the confluence according to the requirements in OAR 629-643-0130. This distance may extend to the RH max of 500 feet.
(b) Outside of 30 feet and extending to 60 feet from the active channel, the outer zone retention requirements shall apply upstream for the same distance required in (a) as follows:
(A) A minimum of 60 square feet of basal area per acre.
(B) To meet the basal area target requirement, the operator shall retain 27 trees from the largest diameter class per acre.
(C) The remainder of the trees shall consist of trees greater than eight inches DBH.
(D) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.
(E) Retained trees shall be well distributed within the outer zone limited by existing site or stand conditions.
(F) Notwithstanding (A) through (E) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health.
(G) The operator shall submit to the State Forester a written plan that describes how the operator shall meet these requirements and the desired future condition for the outer zone.
(c) The operator shall adhere to an ELZ in the outer zone for 30 feet, extending from the outer edge of the inner zone.
(d) For locations upstream from the tree retention requirements in this rule, the operator shall apply an R-ELZ or ELZ as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).
(5) For small lateral Type Np streams flowing into a Type F or Type SSBT stream, the operator shall retain all trees within 30 feet from the edge of the active channel for a maximum distance of 250 feet upstream of the confluence with the Type F or Type SSBT stream.
(a) The operator shall determine the total distance of the tree retention area above the confluence according to the process in OAR 629-643-0130.
(b) The operator shall adhere to an ELZ in the inner zone for 30 feet, extending from the edge of the active channel.
(c) For locations upstream of the tree retention requirements in this rule, the operator shall apply an R-ELZ or ELZ as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).
(6) For small Type Ns streams flowing into Type F or Type SSBT stream within 30 feet of the active channel, the operator shall:
(a) Adhere to an R-ELZ for 750 feet extending the from the confluence and retain all shrubs and trees under six inches DBH to the extent that is practical due to site conditions.
(b) Adhere to an ELZ upstream of the R-ELZ and for the remainder of the Type Ns channel.
(7) The operator may conduct pre-commercial thinning and other release activities to maintain the growth and survival of reforestation or to promote fire resiliency within riparian management areas if the operator conforms to the following:
(a) The operator shall ensure that such activities contribute to and are consistent with enhancing the stand’s ability to meet the desired future condition.
(b) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.
(8) If the vegetation retention requirements span a road and a safety hazard presents a risk to road users, the operator may request that the State Forester approve a plan to remove trees upslope of the road. The State Forester shall authorize tree removal within the designated tree retention area only under the following conditions:
(a) Within the tree retention area, the width of the area where trees may be harvested from the upslope edge of the road shall be less than 15 feet.
(b) An equivalent basal area is retained elsewhere within the harvest unit adjacent to the tree retention area.
(9) For all Type N streams, the operator may count all retained trees in the outer zone that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 13-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0130
Standard Practice Requirements for Small Type N Streams
(1) For purposes of determining the vegetation retention area and streamside retention requirements for a small Type Np stream that flows into a Type F or Type SSBT stream, the operator must, depending on the circumstance, retain trees based on distances relative to:
(a) A verified end as described in OAR 629-635-0200(18)(c);
(b) A modeled end as described in OAR 629-635-0200(18)(b); or
(c) A location established pursuant to an operational field survey according to (6) in this rule.
(2) The operator shall apply the tree retention requirements based on the stream’s location (Western Oregon or Eastern Oregon) and fish use classification (Type F or Type SSBT) immediately downstream from the small Type Np stream, as shown in Tables 1 through 4 for small Type Np streams.
[Table 1. Western Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
[Table 2: Eastern Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
[Table 3: Western Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances]
[Table 4: Eastern Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances]
(3) If the operator uses the standard practice, the operator shall use small Type Np tree retention area distances for width and the RH max as described in Tables 1 and 2. If a small forestland owner uses the small forestland owner minimum option, the small forestland owner shall use the small Type Np tree retention area distances for width and RH max described in Tables 3 and 4. The following requirements are considered the standard practice for small Type Np streams. For small forestland owners, operational field survey and tree retention requirements are available in OAR in 629-643-0143.
(4) If the Department of Fish and Wildlife has established a verified end pursuant to a model verification field survey, then:
(a) The applicable tree retention area for small Type Np streams shall begin at the confluence of the fish use stream and extend upstream to the shorter of:
(A) The verified end, in which case the operator shall extend the tree retention area using a radius equal to the width of the retention area; or
(B) The RH max, in which case the end of the tree retention area shall be perpendicular to the stream channel.
(b) An R-ELZ shall extend between the RH max and the verified end, when the verified end is upstream of the RH max.
(c) An ELZ shall extend upstream to the remainder of the Type N channel.
(5) If the Department of Fish and Wildlife has not established a verified end pursuant to field survey, then the operator shall determine the extent of vegetation retained relative to either a modeled end, or pursuant to an operational field survey.
(a) If the operator uses a modeled end:
(A) The applicable tree retention area for small Type Np streams shall begin at the confluence of the fish use stream and extend upstream to the shorter of:
(i) The modeled end, in which case the operator shall extend the tree retention area using a radius equal to the width of the retention area; or
(ii) The RH max, in which case the end of the tree retention area shall be perpendicular to the stream channel.
(B) An R-ELZ shall extend between the RH max and the modeled end, when the modeled end is upstream of the RH max.
(C) An ELZ shall extend upstream to the remainder of the Type N channel.
(b) If the operator uses an operational field survey, as described in this rule and OAR 629-635-0200(18):
(A) The applicable tree retention area for small Type Np streams shall begin at the confluence of the fish use stream and extend upstream to the shorter of:
(i) The upstream end of the most upstream flow feature within the area of inquiry, in which case the operator shall extend the tree retention area using a radius equal to the width of the retention area; or
(ii) The RH max, in which case the upstream end of the tree retention area shall be perpendicular to the stream channel.
(B) An R-ELZ shall extend from the RH Max to the most upstream flow feature within the area of inquiry, when such flow feature is upstream of the RH max.
(C) If flowing water too short to be considered a flow feature is encountered upstream of the most upstream flow feature, and both are within the area of inquiry but downstream of the RH max, the operator shall:
(i) Retain all trees within 50 feet of the flowing water; and
(ii) Extend an R-ELZ from the upstream end of the most upstream flow feature within the area of inquiry to the downstream end of the tree retention area described in Section 5(b)(C)(i).
(D) Notwithstanding any other requirement, the operator shall extend an ELZ upstream of the tree retention area or the R-ELZ, if any, for the remainder of the Type N channel as described in this rule.
(6) All operational field surveys conducted pursuant to Section 5(b) above and 7 below must comply with the following:
(a) During Phase 1, as described in OAR 629-635-0200(18)(a), an operator may conduct an operational field survey without advance notification to the Department of Fish and Wildlife, and the department shall allow a lower level of map precision for surveyed points, provided that any survey that uses a lower level of map precision will not be included in the department’s reporting and notification system as described in (6)(d) below.
(b) Unless the survey is submitted pursuant to (6)(a) above, an operator must notify the Department of Fish and Wildlife in advance of conducting an operational field survey. The operator may notify the Department of Fish and Wildlife at any time prior to conducting the survey, including immediately prior, but no more than two years in advance. Once an operator has notified the Department of Fish and Wildlife of its intent to conduct a survey pursuant to this subsection (6)(b), any notification of operation submitted to the department’s reporting and notification system for the surveyed area must include either:
(A) The completed survey, or
(B) A certification that the landowner did not initiate the survey.
(c) The State Forester, in consultation with Department of Fish and Wildlife, shall review all operational field surveys submitted pursuant to (6)(a) and (6)(b) above. Unless disapproved by the Department of Fish and Wildlife within 21 days following submission to the department, the field survey will define the relevant attributes of the layout described in Section 5(b) above and 7 below.
(d) Unless disapproved by the Department of Fish and Wildlife or submitted pursuant to (6)(a), the State Forester shall add the location and extent of the most upstream flow feature from an operational field survey to the department’s reporting and notification system. Operators may rely upon and operate pursuant to prior operational field surveys recorded in the department’s reporting and notification system.
(e) In coordination with Department of Fish and Wildlife, the State Forester shall provide an expeditious process for resolution of disapproved surveys.
(f) Once phase 2 flow modeling is complete, as described in 629-635-0200(18)(b), operational field surveys as described in 5(b) above or 7 below to determine the applicable tree retention area for small Type Np streams shall be constrained as follows:
(A) When an operator completes a survey during a drought year, as defined by the Department of Fish and Wildlife for the purpose of operational field surveys, the most upstream flow feature within the area of inquiry shall be the longer of:
(i) The modeled end, or
(ii) The uppermost flow feature within the area of inquiry.
(B) When an operator conducts a survey during an abnormally wet year, as defined by the Department of Fish and Wildlife for the purpose of operational field surveys, the area of inquiry shall stop at the modeled end.
(g) All operational field surveys must adhere to Department of Fish and Wildlife protocols for operational field surveys.
(h) The department shall publish Forest Practices Technical Guidance to assist operators with layout pursuant to operational field surveys.
(7) If an operator does not have the legal right to survey an entire area of inquiry due to the location of one or more property boundaries, the operator may conduct an operational field survey to determine small Type Np stream vegetation retention requirements as follows:
(a) If access to the neighboring property is available to the operator, the operator may complete a survey of the entire area of inquiry and complete layout as described in Section (5)(b).
(b) If the operation will take place on property downstream of the ownership boundary and the area of inquiry crosses the property boundary, the operator shall survey the portion of the area of inquiry legally accessible to the operator, and the extent of vegetation retention requirements shall adhere to the following:
(A) Where the department’s reporting and notification system evidences a flow feature on the neighboring property upstream but still within the area of inquiry, then the tree retention area will begin at the confluence with a fish use stream and extend to the shorter of:
(i) The RH max, in which case the upstream end of the retention area shall be perpendicular to the stream channel; or
(ii) The property line.
(B) Where the department’s reporting and notification evidences no flow feature upstream on the neighboring property upstream but still within the area of inquiry, then the applicable tree retention area for small Type Np streams shall begin at the confluence of the fish use stream and extend upstream to the shorter of:
(i) The RH max, in which case the upstream end of the retention area shall be perpendicular to the stream channel; or
(ii) The most upstream flow feature within the area surveyed by the operator, in which case the operator shall extend the tree retention area using a radius equal to the width of the retention area.
(C) An R-ELZ shall extend from the end of the tree retention area identified in (A) and (B) to the property boundary.
(D) If flowing water that is too short to be considered a flow feature is encountered within the area surveyed and upstream of the most upstream flow feature but downstream of the RH max the operator shall retain all trees within 50 feet of the flowing water.
(c) If the operation will take place on property upstream of an ownership boundary bisecting an area of inquiry, the operator shall presume that a flow feature ends immediately downstream of the ownership boundary, shall use map distances to determine the distance between the confluence and the property boundary, and the remainder of the vegetation retention requirements for the small Type Np stream shall be laid out in in accordance with Section 5(b) above. In Phase 1, the area of inquiry for such an operation shall begin at the property ownership boundary.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0135
Standard Practice Vegetation Retention for Seeps and Springs, Side Channels, and Stream-Associated Wetlands
(1) In Western Oregon, for seeps and springs located within the distances described in Table 1, the operator:
(a) Shall retain all trees within 35 feet of the seeps and springs. Shall extend the designated riparian management area widths in Table 1, if necessary, to retain all trees beyond the seep or spring up to a maximum of 35 feet. No additional tree retention area shall be required if the 35 feet of tree retention already exists within the retention area described in Table 1. The operator shall limit the length of additional tree retention area along the stream to the seep and spring feature length.
(b) Is encouraged to retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs, as described in OAR 629-655-0000.
[Table 1. Western Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
(2) In Eastern Oregon, for seeps and springs located within the inner zone distances described in Table 2, the operator:
(a) Shall retain all trees within 35 feet of seeps and springs by extending the riparian management area inner zone widths designated in Table 2, as needed. No additional tree retention area shall be required if the 35 feet of tree retention already exists within the retention area within inner zone described in Table 2. The operator shall limit the length of additional tree retention area along the stream to the seep and spring feature length. These rules do not apply to seeps and springs that are identified as important springs, as described in OAR 629-645-0000.
(b) Is encouraged to retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs as described in OAR 629-655-0000.
[Table 2: Eastern Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
(3) In both Western Oregon and Eastern Oregon, for side channels and wetlands that extend beyond riparian management areas described in Tables 1 and 2, the operator shall expand the tree retention area to entirely include any stream-associated wetland plus at least 25 additional feet.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 14-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0140
Small Forestland Owner Minimum Option Vegetation Retention Prescription Requirements
(1) The goals of the small forestland owner minimum option vegetation retention requirements are to recognize the inherent differences in the needs and requirements of these owners while meeting the overall objectives of the Private Forest Accord Report, including but not limited to:
(a) Minimizing the conversion of timberlands to other uses while recognizing conversion to other land uses may occur;
(b) Minimizing the conversion of timberlands through a system of incentives, education, and regulatory stability for the small forestland owner; and
(c) Providing a landowner who may face disproportionate economic impact from revised riparian vegetation retention rules with an optional prescription while providing for equal environmental outcomes and the potential for increased financial outcomes.
(2) For the purposes of this rule, a landowner who qualifies as a small forestland owner, as described in OAR 629-607-0200, may use one of the following riparian vegetation retention options:
(a) The standard practice retention prescriptions described in Table 1 for Western Oregon and Table 2 for Eastern Oregon. The standard practice is available to optimize environmental benefits and mitigate risks to natural resources.
[Table 1. Western Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
[Table 2: Eastern Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
(b) The small forestland owner minimum option vegetation retention prescriptions described in Table 3 for Western Oregon and Table 4 for Eastern Oregon, as limited by the terms of this rule and OAR 629-607-0400. The small forestland owner minimum option prescription applies to harvest types 1, 2, and 3 within the riparian areas of both Western Oregon and Eastern Oregon streams.
[Table 3: Western Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances]
[Table 4: Eastern Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances]
(c) The forest conservation tax credit option. The standard practice riparian vegetation retention prescription with the option to apply for the forest conservation tax credit, as described in OAR 629-607-0400 through 629-607-0800. When the small forestland owner requests the forest conservation tax credit as part of a notice of operation, the State Forester shall review the request and notify the small forestland owner whether the small forestland owner is eligible for the credit. If the State Forester approves a request for a forest conservation tax credit, the small forestland owner shall receive a state tax credit for the stumpage value of this timber.
(3) Forest conservation tax credit. In addition to the small forestland owner minimum option, the small forestland owner may follow the standard practice vegetation retention requirements available to small forestland owners. When the small forestland owner selects the standard practice retention requirements in either Western Oregon or Eastern Oregon, the small forestland owner may apply for a forest conservation tax credit.
(a) A small forestland owner who selects the standard practice shall follow the same requirements in the standard practice retention rules for the riparian management area for harvest types 1, 2, and 3.
(b) A small forestland owner who selects the standard practice shall define the forest conservation area as the area between the outermost edge of the standard practice width and the outermost edge of the small forestland owner minimum option width.
(c) The forest conservation tax credit is equal to 100 percent of the stumpage value of standing trees that are retained in the forest conservation area, as described in OAR 629-607-0500. A small forestland owner who receives the forest conservation tax credit shall retain the trees within the forest conservation area for 50 years as required by the forest conservation tax credit program.
(d) A small forestland owner completing a harvest type 4 is not eligible to claim the forest conservation tax credit. No other limitations are in place for using a harvest type 4 within the fifth-field watershed.
(4) Fifth field watershed restriction for using the small forestland owner minimum option. There is a limit to the use of the small forestland owner minimum option within a fifth field watershed as delineated by the U.S. Geological Survey. It is limited to five percent of the riparian areas owned by small forestland owners in a fifth field watershed within a five-year period. The department will track the use of the small forestland owner minimum options as described in (4)(a)(C). Within 90 days after a small forestland owner completes a timber harvest adjacent to a riparian area, the small forestland owner who selects the small forestland owner minimum option shall report to the State Forester the total lineal feet of riparian area where the small forestland owner minimum option is applied within the harvest area. When reporting total lineal feet, the small forestland owner shall include each side of the stream. The small forestland owner shall report lineal feet in horizontal distance. The small forestland owner may use the small forestland owner minimum option harvest prescription in any defined fifth-field watershed based on the following criteria:
(a) When there are multiple small forestland owners within a fifth-field watershed, the small forestland owners within the watershed may use the small forestland owner minimum option for harvest types 1, 2, and 3 on no more than five percent of the total horizontal lineal feet of streams in the watershed. The five percent maximum harvest limitation applies, in aggregate, to all small forestland owners within the fifth-field watershed. The five percent is measured within a five-year period.
(A) For the five percent maximum harvest limitation described in (a), the State Forester shall track stream distances for Type F and Type N streams separately. For this rule’s tracking purposes, Type F streams shall include Type SSBT streams.
(B) The State Forester shall calculate the five percent maximum harvest limitation per fifth-field watershed using the five-year rolling average for each stream classification. The five percent maximum harvest limitation is calculated using the total horizontal lineal feet of riparian area harvest per stream classification (Type F or Type N), divided by the total available lineal feet of Type F and Type N streams in the defined watershed. Type F and Type N restrictions may be different in a fifth field watershed.
(i) Consideration of the five-year rolling average for calculating the lineal feet of riparian harvest shall be continuous.
(ii) Any harvest and the associated lineal feet that is older than five years shall be excluded from tracking and from the calculation of the watershed harvest limitation for each stream classification.
(C) The State Forester shall track lineal feet for each side of the stream associated with the small forestland owner minimum option tracking. Harvest occurring exclusively on one side of the stream shall be counted as one-half the lineal feet for the stream segment.
(b) When the five percent maximum harvest limitation exists for a defined watershed and the small forestland owner chooses to use the small forestland owner minimum option prescription, the small forestland owner may select from either option (A) or (B):
(A) Enroll on a waiting list to utilize the small forestland owner minimum option prescription at a time when the limitation has lowered below the calculation in (5)(a).
(i) The State Forester shall maintain and update the list on a first come, first served basis. The department shall notify any enrolled small forestland owner when the opportunity to utilize the small forestland owner minimum option becomes available.
(ii) After the State Forester provides the small forestland owner with a notification of eligibility, the small forestland owner shall elect to harvest according to the small forestland owner minimum option or forfeit priority on the waiting list.
(B) The small forestland owner may use the standard practice retention requirement and apply for a tax credit for the forest conservation area at 125 percent of the value for which the small forestland owner would have been eligible under the forest conservation tax credit program in OAR 629-607-0400 through 629-607-0800.
(c) OAR 629-607-0400(9) outlines a process if the forest conservation tax credit changes.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0141
Western Oregon; Small Forestland Owner Minimum Management Option Prescription
(1) The purpose of this rule is to provide the small forestland owner minimum option prescription for vegetation retention in Western Oregon riparian areas, as shown in Table 3.
[Table 3: Western Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances]
(2) The small forestland owner shall apply the vegetation retention requirements to the riparian management areas of Type F, Type SSBT, and Type N streams. All other requirements for the standard practice prescription rules shall apply.
(3) The small forestland owner shall retain all trees and vegetation within the distances shown in Table 3, measured from the edge of the active channel or the channel migration zone, if a channel migration zone is present.
(4) For small Type Np streams flowing into a Type SSBT stream, the small forestland owner shall retain all trees as follows:
(a) All trees within 35 feet of the active channel, for a maximum distance of 1,150 feet upstream of the Type SSBT stream.
(b) The total distance of the tree retention area in (a) above the confluence according to the process in OAR 629-643-0143.
(c) Locations outside the tree retention area retention requirements. The small forestland owner shall apply an R-ELZ or ELZ as required in OAR 629-643-0143.
(5) For small Type Np streams flowing into a Type F stream, the small forestland owner shall retain all trees as follows:
(a) Within 35 feet of the active channel, for a maximum distance of 600 feet upstream of the Type F stream.
(b) Above the confluence, the total distance of the tree retention area in (a) shall be determined according to the process in OAR 629-643-0143.
(c) Locations outside the tree retention area retention requirements, the small forestland owner shall apply an R-ELZ or ELZ as required in OAR 629-643-0143.
(6) For Type Np and Type Ns streams outside the tree retention area described in this rule, the small forestland owner shall follow all other Type N ELZ standard practice requirements as described in OAR 629-643-0105.
(7) The small forestland owner may count retained trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, as follows:
(a) For all medium and large Type F and Type SSBT streams, retained trees within the outer 20 feet of the distances described in Table 3, that otherwise meet the wildlife leave trees requirements, may be counted towards the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.
(b) For all small Type F and Type SSBT streams, and all Type N streams, retained trees that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, may be counted. Trees retained in the forest conservation area may be counted toward these requirements.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0142
Eastern Oregon; Small Forestland Owner Minimum Option Prescription
(1) The purpose of this rule is to provide the small forestland owner minimum option prescription for vegetation retention in Eastern Oregon riparian areas, as shown in Table 4.
[Table 4: Eastern Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances]
(2) The small forestland owner shall apply the vegetation retention requirements to the riparian management areas of Eastern Oregon Type F, Type SSBT, and Type N streams.
(3) All other requirements for the standard practice prescription rules shall apply.
(4) Both the small forestland owner minimum option and the standard practice prescriptions and riparian management widths apply to Type N streams depending on whether the stream classification is perennial (Np) or seasonal (Ns). The State Forester shall determine the classification of a Type N stream as Np or Ns following the process described in OAR 629-635-0200(18).
(a) To apply the appropriate vegetation requirements as described in Tables 2 and 4, a small Type Np stream shall be classified as either terminal or lateral.
(b) The State Forester shall provide these maps that show the stream classification that identify the small Type Np streams.
[Table 2: Eastern Oregon Standard Practice Vegetation Retention Riparian Management Area Distances]
(5) For all Type F, Type SSBT, and large and medium Type N streams, the small forestland owner shall:
(a) Retain all trees and vegetation within the inner zone.
(b) Retain all trees leaning over the channel.
(A) For the outer zone, a minimum of 60 square feet of basal area per acre beyond the 30-foot inner zone, using the distances shown for the stream size described in Table 4. The small forestland owner shall measure the outer zone starting from the edge of the inner zone. To meet the basal area target requirement, the small forestland owner shall retain 27 trees from the largest diameter class per acre.
(B) The remainder of the trees shall consist of trees greater than eight inches DBH.
(C) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.
(D) Retained trees shall be well distributed within the outer zone unless limited by existing site or stand conditions.
(E) Notwithstanding (A) through (D) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health, and shall be described in the written plan.
(c) The small forestland owner shall adhere to an ELZ in the outer zone for 30 feet, extending from the outer edge of the inner zone.
(6) For small terminal Type Np streams flowing into a Type F or Type SSBT stream, the small forestland owner shall retain:
(a) All trees within 20 feet from the edge of the active channel for a maximum distance of 500 feet upstream of the Type F stream, defined as the inner zone. The total distance of the tree retention area above the confluence shall be determined according to the process in OAR 629-643-0143.
(b) All trees leaning over the channel.
(c) Trees outside of 20 feet and at 40 feet from the edge of the active channel, defined as the outer zone. The outer zone retention requirements shall apply upstream for the same distance as required in (a) as follows:
(A) A minimum of 60 square feet of basal area per acre beyond the 20-foot inner zone and the distances shown in Table 4.
(B) To meet the basal area target requirement, the small forestland owner shall retain 27 trees from the largest diameter class per acre.
(C) The remainder of the trees shall consist of trees greater than eight inches DBH.
(D) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.
(E) Retained trees shall be well distributed within the outer zone limited by existing site or stand conditions.
(F) Notwithstanding (A) through (E) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health.
(d) The small forestland owner shall adhere to an R-ELZ or ELZ extending from the edge of the inner zone, extending the same distance as the distance determined in (a) as required in OAR 629-643-0143.
(e) The small forestland owner shall adhere to an ELZ upstream of the tree retention area for the remainder of the Type N channel.
(7) For small lateral Type Np streams flowing into a Type F or Type SSBT stream, the small forestland owner shall retain all trees within 20 feet from the edge of the active channel for a maximum distance of 250 feet upstream of the confluence with the Type F or Type SSBT stream.
(a) The small forestland owner shall determine the total distance of the tree retention area above the confluence as described in OAR 629-643-0143.
(b) The small forestland owner shall adhere to an R-ELZ or ELZ extending 50 feet from the edge of the active channel. The operator shall extend the R-ELZ or ELZ the same distance as the distance determined in (a), as required in OAR 629-643-0143.
(c) The small forestland owner shall adhere to an ELZ upstream of the tree retention area and for the remainder of the Type N channel.
(8) For a small Type Ns stream, the small forestland owner shall retain all shrubs and trees under six inches DBH within 30 feet of the active channel or channel migration zone, and for 750 feet upstream of the confluence with the Type F or Type SSBT stream. The small forestland owner shall adhere to an ELZ from the edge of the active channel for the entire Type N stream.
(9) For Type Np and Type Ns streams outside the tree retention area described in this rule, the small forestland owner shall follow all other Type N ELZ standard practice requirements in OAR 629-643-0120.
(10) For all Type F, Type SSBT, and Type N streams, retained trees in the outer zone in Table 4 that otherwise meet the wildlife leave trees requirements may be counted toward wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676. Trees in the forest conservation tax credit may be counted toward these requirements.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0143
Small Forestland Owners Small Type N Streams Vegetation Requirements
(1) The small forestland owner shall follow this rule for small Type N streams in addition to the rules described in OAR 629-643-0130. The small forestland owner shall apply the tree retention requirements according to OAR 629-643-0141 for Western Oregon and OAR 629-643-0142 for Eastern Oregon.
(a) If an area of inquiry extends beyond the small forestland owner ownership boundary and there is not a flow feature in the last 100 feet before reaching the small forestland owner’s ownership boundary, the small forestland owner shall extend the tree retention area to the shorter of:
(A) The RH Max; or
(B) The furthest upstream flow feature within the ownership boundary.
(b) When the area of inquiry extends to the furthest upstream flow feature of the ownership boundary, the small forestland owner shall extend the R-ELZ beyond the furthest upstream flow feature within the ownership boundary to the ownership boundary, provided that prior surveys documented in the department’s reporting and notification system identify evidence of a flow feature upstream of the ownership boundary that will alter the harvest zone layout.
(A) If the furthest identified upstream flow feature within the area of inquiry is below the RH Max, and flowing water that is too short to be considered a flow feature is encountered between the flow feature and the RH Max, the operator shall retain all trees within 35 feet of the flowing water; and
(B) The operator shall extend the R-ELZ from the furthest upstream flow feature within the area of inquiry to the tree retention area surrounding the flowing water.
(2) If the small forestland owner selects the standard practice, and there is 100 feet or more of surveyed dry stream between two flow features located downstream of the RH Max in which tree retention is required, the small forestland owner:
(a) May apply for a forest conservation tax credit for an amount that is half of the stumpage value of the retained tree located between the inside edge of the applicable small forestland owner minimum option distance and the edge of the stream.
(b) Shall retain all trees within the zone described in (a) regardless of whether the small forestland owner utilizes the forest conservation tax credit.
(3) The small forestland owner shall comply with all other requirements in the standard practice.
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0145
Small Forestland Owner Minimum Option Prescription for Seeps and Springs
(1) The following prescriptions apply to seeps and springs located in Western Oregon:
(a) For seeps and springs located within the riparian management areas described in Table 3, the small forestland owner shall retain all trees within 15 feet of the seeps and springs. If the 15-foot retention for seeps and springs already exists within the riparian management area described in Table 3, the small forestland owner shall not be required to retain additional trees. The length along the stream of additional tree retention area shall be limited to the seep and spring feature length.
(b) The small forestland owner may retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs as described in OAR 629-655-0000.
[Table 3: Western Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances]
(2) The following prescriptions apply to seeps and springs located in Eastern Oregon:
(a) For seeps and springs located within the inner zone distances described in Table 4, the small forestland owner shall retain all trees within 15 feet of the seeps and springs. No additional tree retention area shall be required if the 15 feet retention for seeps and springs already exists within the retention area described in Table 4. The small forestland owner shall limit the additional tree retention area’s length along the stream to the seep and spring feature length. These rules do not apply to seeps and springs that are identified as important springs, as described in OAR 629-645-0000.
(b) The small forestland owner may retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs, as described in OAR 629-655-0000.
[Table 4: Eastern Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances]
(3) The small forestland owner shall submit a standardized form to the State Forester when using the small forestland owner minimum option around seeps or springs.
(4) In both Western Oregon and Eastern Oregon, if the tree retention area contains side channels and wetlands that extend beyond the riparian management areas described in Tables 3 and 4, the small forestland owner shall expand the tree retention area to entirely include any side channels and wetland plus at least 25 additional feet.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0150
Type D Vegetation Retention Requirements
(1) For classified small Type D stream segments that extend beyond the tree retention areas described in the Small Type Np requirements in OAR 629-643-0130 and OAR 629-643-0143, the operator shall retain in both Western Oregon and Eastern Oregon:
(a) All understory vegetation within 10 feet of the active channel.
(b) All trees within 20 feet of the edge the active channel.
(c) All trees leaning over the channel.
(2) The operator may count retained trees along Type D streams that otherwise meet the requirements for wildlife leave trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.
(3) A small forestland owner shall not use the small forestland owner minimum option or tax credits for Type D streams.
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 8-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0200
Placing Large Wood Key Pieces in Type F or Type SSBT Streams to Improve Fish Habitat
(1) In conjunction with a forest operation, placement of large wood key pieces in a Type F or Type SSBT stream to improve fish habitat is subject to the regulations in the Oregon Forest Practices Act and the forest practice rules.
(2) The goal of placing large wood key pieces is to deliver wood that is relatively stable but can reconfigure to a limited degree and work with the natural stream flow to restore and maintain habitat for aquatic species. When placing large wood key pieces in conjunction with an operation, the operator shall design and implement the project to:
(a) Rely on the size of wood for stability and exclude the use of any type of artificial anchoring;
(b) Emulate large wood delivery configurations that occur from natural riparian processes over time;
(c) Restore and maintain natural aquatic habitat over time rather than rely on constructed habitat structures; and
(d) Meet the standards established in "Guide to Placement of Wood, Boulders and Gravel for Habitat Restoration," developed by the Oregon Department of Forestry, Oregon Department of Fish and Wildlife, Oregon Department of State Lands, and Oregon Watershed Enhancement Board, January 2010.
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0300
Alternative Vegetation Retention Prescriptions
(1) The purpose of this rule is to prescribe an alternative vegetation retention prescription for harvest units experiencing stand level mortality. This alternative prescription is intended to contribute to desired future conditions, provide tree retention, woody debris, bank stability and result in the re-establishment of live trees.
(2) For the purposes of this rule only, “stand level mortality” means a riparian management area or harvest unit with 50% or more dying or recently dead trees due to a catastrophic event such as wildfire, wind, ice, insect or disease damage.
(3) For the purposes of this rule only, “soil disturbance” means soil has been moved in a manner that alters water drainage patterns so that a new channel is formed within which water flows or is confined and has potential to move loosened or exposed soil or debris toward the stream.
(4) For harvest units in Western Oregon the operator may:
(a) For Type F and Type SSBT stream riparian management areas experiencing stand level mortality, harvest dying or recently dead trees outside 75 feet slope distance from the edge of the active channel or the channel migration zone (CMZ).
(A) The operator shall apply an ELZ at a distance of 75 feet from the edge of the active channel or the channel migration zone (CMZ) to the outer edge of the riparian management area.
(i) Soil disturbance from cabled logs shall not exceed 20 percent of the total area of the ELZ.
(ii) Soil disturbance from ground-based equipment shall not exceed 10 percent of the total area of the ELZ. Operators shall take corrective action(s) for soil disturbance from ground-based equipment. Corrective action(s) shall be designed to replace the equivalent of lost functions and be consistent with Forest Practices Technical Guidance.
(B) To encourage hardwood sprouting, the operator shall not apply chemicals within 75 feet slope distance from the edge of the active channel or the channel migration zone (CMZ) unless needed to address invasive species or noxious weed infestations and shall apply chemicals using targeted ground-based application. Chemical application in the remainder of the riparian management area is to be minimized to the greatest extent possible.
(C) To encourage less dense spacing, the operator may apply the minimum stocking standard described below rather than the productivity-based stocking standards described in OAR 629-610-0020(4) within the riparian management area.
(i) 130 free to grow seedlings per acre; or
(ii) 75 free to grow saplings and poles per acre; or
(iii) 50 square feet of basal area per acre of free to grow trees 11-inches DBH and larger; or
(iv) An equivalent combination of seedlings, saplings and poles, and larger trees as calculated in OAR 629-610-0020(7).
(b) For small Type Np stream riparian management areas experiencing stand level mortality, harvest dying or recently dead trees within the riparian management area. The operator shall apply an R-ELZ from the edge of the active channel in any area where tree removal occurs consistent with OAR 629-630-0700(6) and OAR 629-630-0800(8).
(c) For units experiencing stand level mortality that contain slope retention areas identified under OAR 629- 630-0910(3), harvest dying or recently dead trees in the slope retention areas, if the slope retention area is not directly adjacent to designated debris flow traversal areas or Type F stream, Type SSBT stream, large or medium type Np stream riparian management areas. If the harvest unit contains one or more designated sediment source areas adjacent to a riparian management area or designated debris flow traversal area, the operator shall retain all trees in at least one of the slope retention areas.
(5) For harvest units containing Terminal Type Np stream riparian management areas experiencing stand level mortality in Eastern Oregon, the operator may harvest dying or recently dead trees within the outer zone of the riparian management area.
(6) The State Forester shall exempt small forestland owner harvest units experiencing stand level mortality from the watershed cap described in OAR 629-643-0140.
(7) Except as explicitly stated in this rule, all other forest practice rules apply.
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.714, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section 6, Chapter 33, Oregon Laws 2022
History:
DOF 2-2025, amend filed 09/05/2025, effective 03/01/2026
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0400
Site Specific Vegetation Retention Prescriptions for Streams and Riparian Management Areas
(1) A primary purpose of these site-specific vegetation retention prescriptions in Table 7 and described for the geographic areas in Figure 1, is to identify opportunities and allow incentives for restoring or enhancing riparian management areas or streams. Another purpose of site-specific vegetation retention prescriptions is to allow for changes to the vegetation retention requirements in this rule division. The changes must provide for the functions and values of streams and their riparian management areas as described in the vegetation retention goals for streams while affording a better opportunity to meet other objectives.
[Figure 1. Geographic Areas, OAR 629-643-0400]
[Table 7. Site Specific Basal Area Targets]
(2) The operator may develop site specific vegetation retention prescriptions for streams and their riparian management areas to achieve the vegetation retention goals described in OAR 629-643-0000 if:
(a) The potential of the streamside stand to achieve conditions similar to mature forest stands in a timely manner is questionable;
(b) In-stream conditions are impaired due to inadequate large wood or other factors; or
(c) The site-specific prescription would result in less environmental damage than the standard practice.
(3) An operator who wishes to implement site specific vegetation retention prescriptions instead of the standard practice shall submit to the State Forester a plan for an alternate practice.
(4) The State Forester shall approve a plan for an alternate practice if the State Forester determines that, when it is properly executed, the alternate plan will have no significant or permanent adverse effects, and:
(a) The plan shall meet or exceed the vegetation retention goals in a more timely manner than if the plan were not implemented;
(b) The long-term benefits of the plan are greater than short-term detrimental effects; or
(c) The plan will result in less environmental damage than if the standard practice were followed.
(5) The State Forester may consider the following non-exhaustive list of factors in evaluating the plan:
(a) The potential of the existing streamside stand to achieve mature streamside forest characteristics;
(b) The long-term supply of woody debris;
(c) The survival of newly established trees or shrubs;
(d) Fish and wildlife species’ sensitivity to changes in water temperature and water quality;
(e) The potential for sedimentation;
(f) The stability of woody debris placed in aquatic areas; and
(g) The State Forester’s ability to monitor the direct effects of the proposed practices.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]
Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024
629-643-0500
Reforestation Within Stream Riparian Management Areas
Harvested portions of riparian management areas along streams are subject to the same reforestation requirements that apply to adjacent areas that are outside of the riparian management areas. A number of factors make reforestation more difficult in riparian management areas. To succeed with the required reforestation, landowners should anticipate and plan for factors including but not limited to brush control measures, animal damage problems, and tree species that are suitable for wetter sites.
Statutory/Other Authority: ORS 527.710 & section 2(1), chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
History:
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024