(1) Except as provided in subsections (2) and (3) of this section, the owner or operator of forestland is not subject to the obligations or penalties of ORS § 164.335 and 477.740 or 477.064, 477.066 and 477.068 if:

Terms Used In Oregon Statutes 477.120

  • association: means an association, group or agency composed of owners of forestlands, organized for the purpose of protecting such forestlands from fire. See Oregon Statutes 477.001
  • Contract: A legal written agreement that becomes binding when signed.
  • District: means a forest protection district organized under ORS § 477. See Oregon Statutes 477.001
  • Every reasonable effort: means the use of the reasonably available personnel and equipment under the supervision and control of an owner or operator, which are needed and effective to fight the fire in the judgment of the forester and which can be brought to bear on the fire in a timely fashion. See Oregon Statutes 477.001
  • Forester: means the State Forester or authorized representative. See Oregon Statutes 477.001
  • Forestland: means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. See Oregon Statutes 477.001
  • Operation: means any industrial activity, any development or any improvement on forestland inside or within one-eighth of one mile of a forest protection district, including but not limited to the harvesting of forest tree species, the clearing of land, the use of power-driven machinery and the use of fire, excluding, however, the culture and harvesting of agricultural crops. See Oregon Statutes 477.001
  • Operator: means any person who, either personally or through employees, agents, representatives or contractors, is carrying on or has carried on any operation. See Oregon Statutes 477.001
  • Owner: means an individual, a combination of individuals, a partnership, a corporation, the State of Oregon or a political subdivision thereof, or an association of any nature that holds an ownership interest in land. See Oregon Statutes 477.001

(a) Forest patrol assessments are regularly paid for the forestland;

(b) Such forestland is protected pursuant to membership in a forest protective association in accordance with ORS § 477.210, which association has undertaken the control and suppression of fires on such land as provided in the contract; or

(c) Such forestland is protected pursuant to cooperative agreement or contract under ORS § 477.406.

(2) The provisions of subsection (1) of this section do not apply to such owner or operator if the owner or operator:

(a) Is willful, malicious or negligent in the origin or subsequent spread of a fire on such forestland;

(b) Has caused or permitted an operation to exist on such forestland and a fire originates thereon as a result of the operation;

(c) Has failed to give notice to the forester pursuant to ORS § 527.670 (6), has failed to obtain a permit for the use of fire in any form or power-driven machinery pursuant to ORS § 477.625 or has failed within the time prescribed in any order or notice issued by the forester to reduce, abate, or offset any hazard determined to exist pursuant to ORS § 477.062 or 477.580 and a fire originates on or spreads to the area on which such hazard exists and for which no release has been granted pursuant to ORS § 477.580 (3) or (4); or

(d) Has caused or allowed any burning, including burning regulated by ORS § 477.013 or 477.515, whether or not a permit has been obtained and a fire results from or is caused by such burning.

(3) Unless subsection (2)(a) or (c) of this section applies, the owner or operator shall not be obligated to pay that portion of the actual costs provided in ORS § 477.068 which are the ordinary costs of the regular personnel and equipment of the forest protection district wherein the forestland is located.

(4) If subsection (2)(b) or (d) of this section applies and subsection (2)(a) and (c) of this section do not apply, the owner or operator shall not be liable to the forester for fire suppression costs in excess of $300,000.

(5) The provisions of subsections (3) and (4) of this section do not apply to the owner or operator if the owner or operator fails to make every reasonable effort.

(6) For the purpose of subsection (2)(b) of this section, if a fire originates while an operation is in progress, there is a presumption, under ORS § 40.120, that the fire originated as a result of the operation. [Formerly 477.056; 1971 c.743 § 385; 1973 c.46 § 2; 1983 c.22 § 4; 1989 c.615 § 1; 1997 c.274 § 48; 2007 c.847 § 2]

 

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