(1) A rural fire protection district may be formed in the manner set forth in ORS § 478.010 to 478.100.

(2) A district may not include:

(a) Territory within a city unless otherwise authorized by law.

(b) Territory within a water supply district organized under ORS Chapter 264 if the district has previously been authorized by its electors to exercise the fire protection powers prescribed by ORS § 264.340.

(c) Forestlands included within a forest protection district under ORS § 477.205 to 477.281 unless the owner consents and notifies the rural fire protection district, however, forestland protected pursuant to ORS § 477.205 to 477.281 and not exceeding five acres in one ownership shall be included in the rural fire protection district without the owner’s consent if the ownership includes any structures subject to damage by fire. Forestland included in a rural fire protection district under this subsection subjects the forestland to assessments for fire protection by the rural fire protection district and the forest protection district.

(d) Railroad rights of way or improvements thereon or rolling stock moving thereover unless the owner of such property consents.

(e) Ocean shores as defined by ORS § 390.605. [Subsection (2) enacted as 1953 c.144 § 1; 1969 c.651 § 3; 1969 c.667 3,69; 1971 c.727 § 137; 1973 c.124 § 1; 1973 c.337 § 1a; 2001 c.104 § 217]

[Amended by 1967 c.610 § 2; 1969 c.667 § 4; repealed by 1971 c.727 § 203]

[Amended by 1967 c.610 § 3; 1969 c.667 § 5; repealed by 1971 c.727 § 203]

[Repealed by 1957 s.s. c.10 § 4 (478.041 enacted in lieu of 478.040)]

[1957 s.s. c.10 § 5 (enacted in lieu of 478.040); 1959 c.68 § 1; 1961 c.523 § 1; 1961 c.549 § 1; 1969 c.667 § 6; repealed by 1971 c.727 § 191]