Oregon Statutes 477.625 – Permit to use fire or power-driven machinery; exception; conditions; waiver of permit
(1) Every person conducting an operation inside or within one-eighth of one mile of a forest protection district that uses fire in any form or power-driven machinery shall first obtain from the forester a written permit, which shall require that the holder of the permit:
Terms Used In Oregon Statutes 477.625
- District: means a forest protection district organized under ORS § 477. See Oregon Statutes 477.001
- Forester: means the State Forester or authorized representative. 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
- Operation area: means the area on which an operation is being conducted and the area on which operation activity may have resulted in the ignition of a fire. 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
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Take reasonable precautions that in the judgment of the forester are necessary in the use of fire and power-driven machinery to prevent the spread of fire on or from an operation area.
(b) Designate a representative authorized to act on all matters having to do with fire control, which representatives shall be available at all times by direct means of communication with the forester.
(c) If operating west of the summit of the Cascade Mountains, close down any part or all of the operation during any period of time when notified that, in the judgment of the forester, conditions exist as described in ORS § 477.670.
(2) Routine road maintenance is excepted from the requirement to obtain a permit to operate power-driven machinery under this section. As used in this subsection ‘routine road maintenance’ means grading, cleaning ditches, culvert cleaning, spot rocking or mechanical brushing along the roadside to maintain visibility.
(3)(a) The forester may waive the requirement to obtain a written permit under this section when in the judgment of the forester the operation will not constitute a fire hazard sufficient to justify the requirement.
(b) Waiver of the requirement to obtain a written permit under this section does not relieve the owner and operator of the responsibility for complying with other applicable duties, requirements or penalties of this chapter. [Formerly 477.286; 1991 c.634 § 1; 1997 c.274 § 21]
[1975 c.185 § 3; repealed by 1975 c.185 § 6]