Oregon Statutes 527.738 – Riparian prescriptions; small forestland owner minimum option; rules
(1) As used in this section:
Terms Used In Oregon Statutes 527.738
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(a) ‘Common ownership’ means direct ownership by one or more individuals or ownership by a corporation, partnership, association or other entity in which an individual owns a significant interest.
(b) ‘Small forestland owner minimum option’ means any small forestland owner minimum option available for small forestland owners pursuant to rules adopted by the State Board of Forestry under ORS § 527.711.
(2) The board may not establish riparian prescriptions that result in minimum riparian buffer widths or lengths that measure less than the minimum riparian buffer widths or lengths set forth in sections 5.3.1.3 and 5.3.1.4 of chapter 5 of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.
(3)(a) An operator, timber owner or landowner may not follow a small forestland owner minimum option for an operation unless the department determines that, as of the date the department receives a notification related to the operation under ORS § 527.670:
(A) The landowner of the forestland where the operation will occur owns or holds common ownership interest in less than 5,000 acres of forestland in this state;
(B) No more than an average yearly volume of two million board feet of merchantable forest products has been harvested from the landowner’s forestland in this state, when averaged over the three years prior to the date the department receives the notification; and
(C) The landowner has submitted an affirmation to the department that it does not expect to exceed an average yearly volume of two million board feet of merchantable forest products to be harvested from the landowner’s forestland in this state during the 10 years following the date the department receives the notification.
(b) Notwithstanding paragraph (a)(B) and (C) of this subsection, the department may allow a landowner to follow a small forestland owner minimum option if the landowner establishes to the department’s reasonable satisfaction that any exceedance of the harvest limits set forth in paragraph (a)(B) or (C) of this subsection was or will be necessary to raise funds to pay estate taxes or for a compelling and unexpected obligation.
(4) The department may require a landowner to submit, as part of the notification required under ORS § 527.670, any additional information or statements necessary to determine whether a landowner meets the requirements of subsection (3) of this section.
(5) The board may adopt any rules necessary to implement this section. [2022 c.33 § 16]
527.738 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
527.738 and 527.739 were added to and made a part of 527.610 to 527.770 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.