HomeMy WebLinkAboutMemo - Unprotected Lands
DESCHUTES COUNTY
Unprotected Lands Options
January 2013
DRAFT DRAFT DRAFT DRAFT DRAFT
Synopsis: As Deschutes County has evolved and developed over the years a significant portion
(175,000 acres) of private lands remain unprotected from structure and wildland fires. There are
approximately 300 private residence which are occupied homes and in some cases in eastern
Deschutes County, homes, barns and infrastructure associated with large ranching and farming
operations. The entire community of Alfalfa is unprotected. These areas are covered by ambulance
service districts and law enforcement services but no fire protection. Deschutes County has
ordinances in place to regulate both open burning and defensible space requirements. The purpose
of this report is to display a range of alternatives, clearly articulate legal authorities, display the risk
management options and associated costs for each alternative, and provide suggested interim
options/alternatives until such time an agreeable alternative can be implemented.
Alternatives under consideration
1. Status Quo: citizens aren’t paying, no services provided.
2. Organize/facilitate the formation of three or more fire districts (Alfalfa, Lower Bridges and
Plainview) beginning with the neighborhood that sufficient public support formation of a
fire district.
3. Form a “special district” of the unprotected lands and using existing authorities under the
State of Oregon Revised Statutes collect sufficient revenues from private property owners
to provide protection using assistance by hire process with existing wildland and structural
fire departments in Deschutes County.
4. Utilizing “closest forces concept,” when a wildland or structural fire is reported in the
unprotected land, an appropriate response will be initiated and the private citizen receiving
the service will be billed for the service.
5. Evaluate wildland, structural, and ambulance service districts in Deschutes County and
select the most efficient and effective methodology and organization to provide these
services.
6. Oregon Department of Forestry will begin the process of Forestland Classification (ORS
526.305 – ORS 526.350) as required by the laws of Oregon, in Deschutes County in 2013.
This alternative allows for the completion of the classification process and those lands that
remain unprotected after the process would be evaluated for both structural and wildland
protection.
Alternatives under consideration and costs, risks, consequences, probability of success of
each.
1. Status Quo: citizens aren’t paying, no services provided.
Costs: Under this alternative, currently there are minimal costs and are associated with compliance
with open burning and defensible space violations. The Sheriff’s Office and County Forester does
respond multiple (average 8-10 time/year) for reported structure and wildland fires and those
costs are built into existing budgets. The unknown costs will come from three different scenarios;
First, when a large wildland fire begins either within these unprotected lands or comes from
adjacent protection jurisdictions, the costs associated with property loss and the potential loss of
human life; Second, the actual costs of wildland firefighting. Choosing to “do nothing” may not be an
acceptable alternative when both homes and other properties are burning and those suppression
costs could exceed $500,000 per day; Third, the cost to Deschutes County if any of the county
employees are seriously injured or killed providing some sort of emergency response i.e.
evacuations without fire suppression resources and/or attempting to rescue trapped people in
structures. The overall costs of this alternative are truly unknown but high potential exists in the
event of a significant wildland fire in areas with very high to extreme fire danger due to wildland
fuels. In the event of a costly and/or large wildland fire, the County, through the Oregon
Department of Forestry could ask for a FEMA declaration under the Stafford Act and receive
financial reimbursement up to 75% of County costs. Another option is utilizing the County Defense
Board and requesting a declaration of the Conflagration Act which would bring structure protection
resources to the fire and costs covered by the State of Oregon. The County would experience at
least a 12-24 hour delay in the arrival of these resources, which would be coming from “out of area”
locations.
Risk Management: Under this alternative, with no organized wildland or structural response,
Sheriff’s Office, County Forester and other first responders are potentially taking undue risks while
engaged in either evacuation, rescue or in some cases actual wildland or structural firefighting
without the necessary resources, training or mutual aid when agreements for reimbursement are
not in place. In reality the Sheriff’s Office has public safety jurisdiction for wildland and structural
evacuations within the County, regardless of protection responsibilities. On most occasions, in the
unprotected lands, some type of immediate action is required (fire suppression or mitigation) and
in every case taken by insufficiently trained personnel (wildland/structural fire) and inadequate or
no supplemental firefighting resources responding for assistance.
Probability of Success: In this alternative, the probability of success does not exist. The
consequences of failure are high and both costs and risk to the public and public safety responders
will continue to increase.
2. Organize/facilitate the formation of three or more fire districts (Alfalfa, Lower Bridges and
Plainview) beginning with the neighborhood that sufficient public support formation of a fire
district.
Costs: In this alternative, assistance by County employees and other state agencies with both
experience and authorities to assist with the formation of a fire district would be covered by
existing budgets. The costs associated with private citizen’s participation would be voluntary. If in
fact a fire district were formed, the associated risks with property and natural resource losses from
either a structure or wildland fire would be significantly reduced. Once formed and functioning, the
new fire district would be part of the existing dispatch/mobilization process in Deschutes County,
able to access mutual aid through agreements and access to both FEMA declarations and
Conflagration Act assistance in Alternative 1. The fiscal reality is that with the geographic areas as
described (Alfalfa, Lower Bridges and Plainview) the associated taxes levied from the existing
private land owners would likely not be sufficient to form a fully functioning fire district, if a fire
district were formed for each geographic area. The overall costs of this alternative would be
significantly reduced but frankly the level of service provided and new fire districts ability to
reciprocate under existing mutual aid agreements would likely not be appropriate. Total costs are
unknown.
Risk Management: Under this alternative, Law Enforcement and other public safety responders
would still have jurisdictional responsibility for evacuations and other public safety concerns. With
some type/form of both structural and wildland response to assist Law Enforcement with fire
suppression actions, this alternative would significantly reduce the exposure to non-firefighting
personnel, private property and the public.
Probability of Success: In this alternative, the probability of success is low. The primary reason is
by forming fire districts in each of the identified geographic areas, the reality is the potential tax
base to generate revenues would likely not support a fully functioning fire district with equipment,
facilities, personnel, training and response capability. In each case the geographic areas are
unincorporated and finding sufficient support from the private land owners to sustain the
formation of a fire district based on population and assessed values to create a successful and
functioning fire district is likely not realistic.
3. Form a “special district” of the unprotected lands and using existing authorities under the State
of Oregon Revised Statutes collect sufficient revenues from private property owners to provide
protection using assistance by hire process with existing wildland and structural fire departments
in Deschutes County.
Costs: In this alternative, spreading the risk over three geographic areas (Alfalfa, Lower Bridges
and Plainview) would both increase revenues and provide funding for both wildland and structural
response to existing unprotected areas by utilizing agreements with adjoining fire districts. The
funding from taxes levied on private property owners which amount to ¼ of 1% (.0025) of assessed
value. As per ORS 476.330 the County can form a special district and make this assessment without
voter approval. An additional assessment of .0025 can be utilized after voter approval for those
private property owners inside this special district. Utilizing the approach, the least amount of
revenue would be in excess of $150,000 annually although exact numbers must be obtained to
solidify the revenue stream. In this alternative the potential cost savings from property loss would
be significant. In this alternative the County would also be able to utilize both the FEMA declaration
and Conflagration Act to provide additional resources and reimbursements for cost associated with
wildland fire. By utilizing existing fire district organizations, mutual aid systems,
dispatch/coordination systems, communication frequencies and overall emergency response,
would significantly enhance structural and wildland response in existing unprotected lands.
Risk Management: Under this alternative, Law Enforcement and other public safety responders
would still have jurisdictional responsibility for evacuations and other public safety concerns. With
some type/form of both structural and wildland response to assist Law Enforcement with fire
suppression actions, this alternative would significantly reduce the exposure to non-firefighting
personnel, private property and the public. This alternative would provide an even greater
reduction of risk to the public and public safety responders because existing departments, agencies
and districts would be providing wildland and structural protection within existing systems.
Probability of Success: In this alternative the probability of success is high, estimated to be 75%.
There are both political and financial risks of forming a special district and assessing fees without
voter approval although both are allowed under ORS. The probability is also based on utilizing
existing systems and develops agreements with existing departments and agencies within the
County to provide both structural and wildland protection. The possibility exist that even by
spreading out the risk to all unprotected lands, insufficient revenues would be available to provide
adequate protection.
4. Utilizing “closest forces concept,” when a wildland or structural fire is reported in the
unprotected land, an appropriate response will be initiated and the private citizen receiving the
service will be billed for the service.
Costs: In this alternative essentially all costs for suppression of wildland and structural fires would
be borne by the private land owner where the fire originates. There would be some administrative
cost to Deschutes County for managing and providing oversight to the billing process.
Conceptually, the responding agencies/districts within the county would bill Deschutes County, be
reimbursed as soon as possible and the county would recover the costs from the private landowner.
Risk Management: Under this alternative, Law Enforcement and other public safety responders
would still have jurisdictional responsibility for evacuations and other public safety concerns. With
some type/form of both structural and wildland response to assist Law Enforcement with fire
suppression actions, this alternative would significantly reduce the exposure to non-firefighting
personnel, private property and the public. This alternative would provide an even greater
reduction of risk to the public and public safety responders because existing departments, agencies
and districts would be providing wildland and structural protection within existing systems.
Probability of Success: In this alternative the probability of success is high, estimated to be greater
than 85%. The probability is also based on utilizing existing systems and develops agreements with
existing departments and agencies within the County to provide both structural and wildland
protection. The authorization/law to recover suppression cost is clearly articulated in ORS 476.280
and 290 and may in fact result in local citizens within the geographic areas to seek the formation of
either a special district or a fire district.
5. Evaluate wildland, structural, and ambulance service districts in Deschutes County and select
the most efficient and effective methodology and organization to provide these services.
Costs: In this alternative the entire wildland/structural and ambulance service districts would be
evaluated on private lands and effectively spread the risk across the entire county. The likely
outcome would be 100% coverage for all private lands for both structural and wildland fire
protection and resolving any boundary issues for protection. This alternative would solidify rates
for protection, although some property owners may in fact have a slight increase and others realize
a decrease in assessments. There would be potential costs saving as redundancies are eliminated
and wildland, structural and ambulance service districts could potentially be aligned to just a single
department/agency within the County. Potential cost savings is unknown but with a single,
integrated structural, wildland and ambulance service response, the potential costs saving would
be significant.
Risk Management: In this alternative, the overall risk to the public, property and first responders
would significantly decrease. In this alternative, a Deschutes County Fire Department may be the
preferred organizational outcome over time.
Probability of Success: In this alternative the probability of success in frankly unknown; the
successful outcome of this alternative will be based on the willingness by departments and agencies
to look beyond the current situation and protection and be willing to openly evaluate this
alternative for the future. From a costs and risk management perspective, if both the corporate will
and revenue streams are sufficient the potential and probability of success for the public and
protection may likely be highest with this alternative.
5. Oregon Department of Forestry will begin the process of Forestland Classification (ORS 526.305
– ORS 526.350) as required by the laws of Oregon, in Deschutes County in 2013. This alternative
allows for the completion of the classification process and those lands that remain unprotected
after the process would be evaluated for both structural and wildland protection.
In this alternative the costs and risk management impacts are unknown. The classification process
may take two years for completion and what steps or actions taken in the unprotected lands during
this time frame must be addressed.
Probability of Success: In this alternative the probability of success is unknown. The downside to
this alternative is the potential delay (2 years) before other protection issues are addressed.
Interim Steps: Until such time that a preferred alternative or a sequential implementation of a
blend of alternatives is decided, Deschutes County may consider the following actions:
1. In the event of a structural or wildland fire in the unprotected lands authorize the Sheriff
and County Forester to order sufficient resources to address the structural or wildland
incident from adjoining jurisdictions and seek restitution from the responsible party.
2. Consider supplemental funding streams i.e. bed tax, fuel, emergency response fees or in fact
bill the property owner for the service.
3. Through a formal delegation of authority, specify the parameters of “appropriate response”
and associated costs for Deschutes County responders.
Legal Authorities
Based on the authorities given to Deschutes County by the Oregon Constitution, Oregon Revised
Statutes and Deschutes County Code it appears the County has the legal authority to implement any
alternatives under consideration. The legal question is what are the legal consequences of a “no
action” alternative? Can the County be sued for not providing sufficient mitigation for both
wildland and structural fire protection in the unprotected lands and what is the probability of a
successful lawsuit for a plaintiff?
Deschutes County
The Oregon Tort Claims Act confers upon a public body and its officers, employees and agents
acting within the scope of their employment or duties immunity from liability for “any claim based
upon the performance of or the failure to exercise or perform a discretionary function or duty,
whether or not the discretion is abused.” ORS 30.265(6)(c). ORS 30.265(6)(c), only applies to
claims based on Oregon state law, which under the circumstances is the most likely source of
claims. For the County and the Board of Commissioners to enjoy discretionary immunity in deciding
among the options for wildland and structural fire protection in unprotected lands (including
maintaining the status quo), the county would need to establish the following:
1. The commissioners are acting within the scope their employment or duties;
2. As part of their duties the commissioners have been granted the authority to exercise
“discretion” on behalf of the County with regard to choosing between options for wildland and
structural fire protection in unprotected lands; and
3. Any decision made by the commissioner regarding the available options involves the
exercise of a discretionary function or duty.
The courts have interpreted decisions entitled to immunity as those that involve the exercise of
discretion in developing or implementing policy objectives through the assessment of costs and
benefits, the evaluation of risks, and the choice among competing goals and priorities. In the context
of evaluating alternatives for responding to wildland and structural fires lands outside of existing
fire districts and fire departments (including areas within the jurisdiction of ODF), the Board is both
responsible for and is actually engaged in the exercise of discretion. The County would likely prevail
against a claim of negligence for choosing to maintain the status quo, based upon a discretionary
immunity defense. The County could still be liable for workers compensation claims based upon
work-related injuries suffered by county employees as they respond to wildland and structural
fires.
DCC 1.08.010. Power Over Matters Of County Concern.
In addition to the authority and powers granted to the County under the Constitutions of the State
of Oregon and of the United States, the County shall have authority within the County over matters
of county concern to the fullest extent allowed by the Constitutions and laws of the State and of the
United States, as fully as if each particular power comprised in that general authority were
specifically set out in DCC 1.08.
(Ord. 86-047 §1, 1986)
1.08.020. General Powers.
I. To make and enforce necessary regulations, designate violations, impose penalties and restrain
nuisances.
DCC 2.04.055. Executive Responsibility – Chain of Succession – State of Emergency.
A. The County Administrator is principally responsible for assuming centralized control over all
county departments, divisions and offices once the Board declares a state of emergency. If
circumstances prohibit the timely action of the Board of County Commissioners, the Chair of the
Board of County Commissioners may declare such a state of emergency, provided the Chair seeks
and obtains approval from a majority of the Board at the first available opportunity. A state of
emergency exists whenever the unincorporated area of the county or any part thereof is suffering
or is in imminent danger of suffering an event that may cause injury or death to persons, or damage
to, or destruction of property to the extent that extraordinary measures must be taken to protect
the public health, safety and welfare. Such an event shall include, but not be limited to the following:
1. A civil disturbance or riot;
2. A disaster such as flood, windstorm, snow or ice storm, earthquake, volcanic eruption or related
activity, fire, explosion or epidemic;
3. The declaration of a war-caused national emergency;
4. Any major disruption of community services such as transportation, power supply, water supply,
sanitation or communications; and/or
5. A health hazard, whether natural or manmade.
Chapter 8.20. OPEN BURNING
8.20.010. Open Burning Prohibited-When.
8.20.020. Burning Permits-Conditions.
8.20.030. Violation-Penalty.
8.20.010. Open Burning Prohibited-When.
A. No person, outside the boundaries of a rural fire protection district or a forest protection district,
shall cause or permit to be initiated or maintained on his own property, or cause to be initiated or
maintained on the property of another any open burning of commercial waste, demolition material,
domestic waste, industrial waste, land clearing debris or field burning from June 1st through
November 1st of each year (“burn restricted season”) unless weather conditions require
prohibition of burning prior to June 1, or allow resumption of burning prior to November 1, as
determined by the County Fire Defense Board.
(Ord. 2009-009 §1, 2009; Ord. 88-013 §1, 1988; Ord. 84-027 §1, 1984; Ord. 84-009 §1, 1984)
Chapter 8.21
HAZARDOUS VEGETATIVE FUELS
8.21.010. Definitions.
8.21.020. Purpose and Intent
8.21.030 Lands Subject to the Standards
8.21.040 Standards
8.21.050 Standard Waivers and Reductions
8.21.060 Fuel Break Requirements
8.21.065 Inadequately protected wildland declared nuisance; Hazard abatement
8.21.070 Duty of owner and operator to abate fire; Abatement by County
8.21.075 Recovery of Fire Suppression Costs
8.21.080 Violation; Liability for Cost of Suppression
8.21.085 Violation; Penalty
State Land Use Planning Requirements
Oregon has some of the most stringent land use planning standards and requirements in the nation.
One portion of this program, identified as "Goal 4", deals specifically with areas which are zoned as
"forest lands." State regulations require that local jurisdictions establish and enforce criteria that
minimize the risks associated with wildfire, when new dwellings and structures are constructed.
The regulations go on to require that dwellings be adequately protected from fire that roads meet
certain access standards, that fuel breaks be established and maintained and that only fire
retardant roofing materials be used.
Another state land use planning goal, Goal 7, requires local jurisdictions to adopt comprehensive
inventories, policies and implementing measures which will reduce the risk to people and property
from
natural hazards, including wildfires. Normally, a local jurisdiction must properly respond to this
mandate
within 36 months after being notified by the state that new or updated information on a particular
natural hazard exists.
ORS Chapter 401 — Emergency Management and Services
401.025 Definitions. As used in this chapter:
(1) “Emergency” means a human created or natural event or circumstance that causes or
threatens widespread loss of life, injury to person or property, human suffering or financial loss,
including but not limited to:
(a) Fire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic
activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as
defined in ORS 466.605, contamination, utility or transportation emergencies, disease, blight,
infestation, civil disturbance, riot, sabotage, acts of terrorism and war; and
(b) A rapid influx of individuals from outside this state, a rapid migration of individuals from one
part of this state to another or a rapid displacement of individuals if the influx, migration or
displacement results from the type of event or circumstance described in paragraph (a) of this
subsection.
(2) “Emergency service agency” means an organization within a local government that performs
essential services for the public’s benefit before, during or after an emergency, such as law
enforcement, fire control, health, medical and sanitation services, public works and engineering,
public information and communications.
(3) “Emergency services” means activities engaged in by state and local government agencies to
prepare for an emergency and to prevent, minimize, respond to or recover from an emergency,
including but not limited to coordination, preparedness planning, training, interagency liaison,
firefighting, oil or hazardous material spill or release cleanup as defined in ORS 466.605, law
enforcement, medical, health and sanitation services, engineering and public works, search and
rescue activities, warning and public information, damage assessment, administration and fiscal
management, and those measures defined as “civil defense” in 50 U.S.C. app. 2252.
(4) “Local government” has the meaning given that term in ORS 174.116.
(5) “Major disaster” means any event defined as a “major disaster” under 42 U.S.C. 5122(2).
[1983 c.586 §2; 1985 c.733 §21; 1987 c.373 §84; 1989 c.361 §8; 1991 c.418 §1; 1991 c.956 §10;
1993 c.187 §1; 1999 c.935 §29; 2005 c.825 §9; 2007 c.97 §10; 2007 c.223 §5; 2007 c.740 §20; 2009
c.718 §17]
RESPONSIBILITY FOR EMERGENCY SERVICES
401.032 Statement of policy and purpose. (1) The general purpose of this chapter is to reduce
the vulnerability of the State of Oregon to loss of life, injury to persons or property and human
suffering and financial loss resulting from emergencies, and to provide for recovery and relief
assistance for the victims of emergencies.
(2) It is declared to be the policy and intent of the Legislative Assembly that preparations for
emergencies and governmental responsibility for responding to emergencies be placed at the local
level. The state shall prepare for emergencies, but shall not assume authority or responsibility for
responding to an emergency unless the appropriate response is beyond the capability of the city
and county in which the emergency occurs, the city or county fails to act, or the emergency involves
two or more counties. [Formerly 401.015]
401.035 Responsibility for emergency services systems. (1) The emergency services system
is composed of all agencies and organizations involved in the coordinated delivery of emergency
services. The Governor is responsible for the emergency services system within the State of Oregon.
The executive officer or governing body of each county or city of this state is responsible for the
emergency services system within that jurisdiction.
(2) In carrying out their responsibilities for emergency services systems, the Governor and the
executive officers or governing bodies of the counties or cities may delegate any administrative or
operative authority vested in them by this chapter and provide for the sub delegation of that
authority. [1983 c.586 §3; 2009 c.718 §24]
EMERGENCY MANAGEMENT BY CITIES AND COUNTIES
(Emergency Management Agency)
401.305 Emergency management agency of city or county; emergency program manager;
coordination of emergency management functions. (1) Each county of this state shall, and each
city may, establish an emergency management agency which shall be directly responsible to the
executive officer or governing body of the county or city.
(2) The executive officer or governing body of each county and any city which participates shall
appoint an emergency program manager who shall have responsibility for the organization,
administration and operation of such agency, subject to the direction and control of the county or
city.
(3) The local governing bodies of counties and cities that have both city and county emergency
management programs shall jointly establish policies which provide direction and identify and
define the purpose and roles of the individual emergency management programs, specify the
responsibilities of the emergency program managers and staff and establish lines of
communication, succession and authority of elected officials for an effective and efficient response
to emergency conditions.
(4) Each emergency management agency shall perform emergency program management
functions within the territorial limits of the county or city and may perform such functions outside
the territorial limits as required under any mutual aid or cooperative assistance agreement or as
authorized by the county or city.
(5) The emergency management functions shall include, as a minimum:
(a) Coordination of the planning activities necessary to prepare and maintain a current
emergency operations plan, management and maintenance of emergency operating facilities from
which elected and appointed officials can direct emergency and disaster response activities;
(b) Establishment of an incident command structure for management of a coordinated response
by all local emergency service agencies; and
(c) Coordination with the Office of Emergency Management to integrate effective practices in
emergency preparedness and response as provided in the National Incident Management System
established by the Homeland Security Presidential Directive 5 of February 28, 2003. [1983 c.586
§12; 1993 c.187 §9; 2005 c.825 §11]
401.307 Emergency management agency appropriation; tax levy. (1) Each county and city
may make appropriations, in the manner provided by law for making appropriations for the
expenses of the county or city, for the payment of expenses of its emergency management agency
and may levy taxes upon the taxable property within the county or city.
(2) An appropriation made under subsection (1) of this section shall be budgeted so that it is
possible to identify it as a distinguishable expense category. [Formerly 401.325]
(Declaration of State of Emergency)
401.309 Declaration of state of emergency by city or county; procedures; mandatory
evacuations. (1) The governing body of a city or county in this state may declare, by ordinance or
resolution, that a state of emergency exists within the city or county. The ordinance or resolution
must limit the duration of the state of emergency to the period of time during which the conditions
giving rise to the declaration exist or are likely to remain in existence.
(2) A city or county in this state may, by ordinance or resolution, establish procedures to
prepare for and carry out any activity to prevent, minimize, respond to or recover from an
emergency. The ordinance or resolution shall describe the conditions required for the declaration
of a state of emergency within the jurisdiction.
(3) An ordinance or resolution adopted under subsection (2) of this section may designate the
emergency management agency, if any, or any other agency or official of the city or county as the
agency or official charged with carrying out emergency duties or functions under the ordinance.
(4) A city or county may authorize an agency or official to order mandatory evacuations of
residents and other individuals after a state of emergency is declared under this section. An
evacuation under an ordinance or resolution authorized under subsection (2) of this section shall
be ordered only when necessary for public safety or when necessary for the efficient conduct of
activities that minimize or mitigate the effects of the emergency.
(5) Nothing in this section shall be construed to affect or diminish the powers of the Governor
during a state of emergency declared under ORS 401.165. The provisions of ORS 401.165 to
401.236 supersede the provisions of an ordinance or resolution authorized by this section when the
Governor declares a state of emergency within any area in which such an ordinance or resolution
applies. [1997 c.361 §2; 2009 c.718 §32]
401.315 City or county authorized to incur obligations for emergency services; county
determination of emergency. In carrying out the provisions of this chapter, counties or cities may
enter into contracts and incur obligations necessary to mitigate, prepare for, respond to or recover
from an emergency or major disaster. A county shall assess whether an emergency exists. [1983
c.586 §13; 1991 c.418 §2; 2009 c.718 §44
ORS 476. State Fire Marshal; Protection From Fire Generally
STATE FIRE MARSHAL; POWERS AND DUTIES
476.020 State Fire Marshal; appointment; qualifications.
(1) The office of State Fire Marshal is established in the Department of State Police. The
State Fire Marshal shall be appointed by and be administratively responsible to the Superintendent
of State Police, and shall serve at the pleasure of the superintendent. The State Fire Marshal shall
retain all current authority of the office and shall be responsible for the implementation of its
mission and programs.
(2) The State Fire Marshal shall be qualified to direct the technical and executive work of
the agency as determined by the superintendent and shall have education or training related to the
programs of the agency and significant experience in managing fire protection or related programs.
[Amended by 1963 c.523 §1; 1971 c.753 §54; 1987 c.414 §79; 1993 c.186 §1]
476.030 Powers and duties of marshal and deputies generally; rules; exemption of
certain governmental subdivisions; inspection of adult foster homes.
(1) The State Fire Marshal shall enforce all statutes, and make rules relating to:
(a) The prevention of fires.
(b) The storage and use of combustibles and explosives.
(c) The maintenance and regulation of structural fire safety features in occupied structures and
overseeing the safety of and directing the means and adequacy of exit in case of fire from factories,
asylums, hospitals, churches, schools, halls, theaters, amphitheaters, all buildings, except private
residences, which are occupied for sleeping purposes, and all other places where large numbers of
persons work, live or congregate from time to time for any purpose except that structural changes
shall not be required in buildings built, occupied and maintained in conformity with state building
code regulations applicable at the time of construction.
(d) Standards for equipment used for fire protection purposes within this state including
standard thread for fire hose couplings and hydrant fittings.
(2) The State Fire Marshal and deputies shall have such powers and perform such other duties
as are prescribed by law.
(3) If, in the opinion of the State Fire Marshal, a governmental subdivision of the state has
enacted adequate regulations generally conforming to state and national standards concerning fire
prevention, fire safety measures and building construction requirements for safety, and if the
governmental subdivision provides reasonable enforcement of its regulations, the State Fire
Marshal may exempt the area subject to such regulation either partially or fully from the statutes,
rules and regulations administered by the State Fire Marshal. Prior to adoption of any such
exemption, the State Fire Marshal may request from the Department of Public Safety Standards and
Training consideration of and recommendations regarding the exemption. The exemption may
extend for a two-year period, and may be renewed from time to time, but may be canceled by the
State Fire Marshal following 30 days’ written notice if the State Fire Marshal finds that the
governmental subdivision’s regulations or enforcement thereof are not reasonably sufficient. The
governmental subdivision shall furnish a copy of such regulations to the State Fire Marshal and
shall file with the State Fire Marshal any amendment thereto within 30 days before the effective
date of such amendment. The State Fire Marshal shall designate a person or division within such
governmental subdivision as an approved authority for exercising functions relating to fire
prevention, fire safety measures and building construction. Upon request of a local official having
enforcement responsibility and a showing of unusual fire hazard or other special circumstances, the
State Fire Marshal shall make investigation and appropriate recommendations.
(4) The State Fire Marshal may investigate or cause an investigation to be made to determine
the probable cause, origin and circumstances of any fire and shall classify such findings as the State
Fire Marshal may find appropriate to promote fire protection and prevention.
(5) The State Fire Marshal shall provide training in fire safety inspection to the Department of
Human Services, area agencies, the Oregon Health Authority, community mental health programs,
developmental disabilities programs and designees of the Long Term Care Ombudsman. If an adult
foster home has been inspected by the Department of Human Services, the Oregon Health
Authority, an area agency, a community mental health program or a developmental disabilities
program and the agency conducting the inspection reasonably believes that the adult foster home is
not in compliance with applicable fire safety rules, the agency conducting the inspection may
request the State Fire Marshal to inspect or cause an inspection to be made. If a designee of the
Long Term Care Ombudsman, in the course of visiting an adult foster home, believes that the adult
foster home is not in compliance with applicable fire safety rules, the designee shall report the
problem to the appropriate agency to request a fire safety inspection by the office of the State Fire
Marshal or by a designated representative of the office of the State Fire Marshal.
(6) Upon the request of the Department of Human Services, the Oregon Health Authority, an
area agency, a community mental health program or a developmental disabilities program, the
State Fire Marshal shall inspect or cause an inspection to be made to determine if the adult foster
home is in compliance with rules jointly adopted by the Department of Human Services and the
State Fire Marshal establishing fire safety standards for adult foster homes.
(7) As used in subsections (5) and (6) of this section:
(a) “Adult foster home” has the meaning given that term in ORS 443.705.
(b) “Area agency” has the meaning given that term in ORS 410.040.
(c) “Community mental health program” means a program established under ORS 430.620
(1)(b).
(d) “Developmental disabilities program” means a program established under ORS 430.620
(1)(a). [Amended by 1957 c.265 §1; 1963 c.523 §5; 1965 c.602 §1; part renumbered as part of
476.010; 1967 c.417 §1; 1973 c.667 §16; 1977 c.821 §3; 1985 c.118 §2; 1985 c.726 §18; 1989 c.696
§1; 1993 c.185 §25; 1997 c.13 §1; 1997 c.853 §40; 2001 c.900 §206; 2009 c.595 §976]
476.005 Definitions. As used in this chapter, unless the context requires otherwise:
(1) “Fire protection equipment” means any apparatus, machinery or appliance intended for
use by a fire service unit in fire prevention or suppression activities, excepting forest fire protection
equipment.
(2) “Governmental subdivisions” means a city, county or rural fire protection district in this
state whose functions include regulation of building use and occupancy and the administration of
fire safety laws, ordinances and regulations.
EXTINGUISHING FIRES IN UNPROTECTED AREAS
476.280 Municipal fire departments and rural fire protection districts authorized to
extinguish fires in unprotected areas. (1) The fire chief, or the representative of the fire chief, of
any duly organized municipal or rural fire protection district may extinguish any uncontrolled fire
found to be burning in any unprotected area, if:
(a) The governing body of the city or the district board of the rural fire protection district,
as the case may be, has authorized the fire chief and the representatives of the fire chief to
extinguish uncontrolled fires that are found to be burning in unprotected areas situated outside of
the boundaries of the city or district and that are causing or may cause an undue jeopardy to life or
property; and
(b) The fire chief or the representative of the fire chief believes that such fire is causing or
may cause undue jeopardy to life or property.
(2) In extinguishing a fire pursuant to subsection (1) of this section, the fire chief and the
representatives of the fire chief may employ the same means and resources used by them to
extinguish similar fires within their jurisdiction. [1971 c.683 §1]
476.290 Billing owner of property for cost of extinguishing fire; cost limited;
collection; action for recovery of cost. Whenever a fire is extinguished pursuant to ORS 476.280,
the governing body of the city or the district board of the rural fire protection district that provided
the fire suppression service may, on forms furnished by the State Fire Marshal for such purposes,
bill the owner of the property involved in the fire for the cost of providing the fire suppression
service. The governing body of the city or the district board of the rural fire protection district that
provided the fire suppression service may determine the cost of providing the fire suppression
service by use of a state standardized-costs schedule as approved by the State Fire Marshal. The
cost charged for providing the fire suppression service may not be greater than the pro rata cost
that would have been charged by the city or district for the performance by the city or district of a
similar fire suppression service within its jurisdiction. If the cost is not paid within 30 days after the
second billing, the governing body of the city or the district board of the rural fire protection
district that provided the fire suppression service may bring an action for the recovery of the
unpaid cost from the owner of the real property upon which the fire suppression service was
rendered. [1971 c.683 §2; 2005 c.22 §355]
FIRE PREVENTION AND CONTROL ON CERTAIN LANDS NOT OTHERWISE PROTECTED
476.310 Zoning and rezoning of certain lands; hearing on petition of owners in
nonzoned territory; duty of landowner to provide fire protection. (1) The governing body of
each county may, in cooperation with the State Board of Forestry, zone and, as often as necessary,
rezone any lands within the county lying outside the boundaries of incorporated cities, organized
rural fire protection districts, federal and state-owned lands, lands protected under ORS chapter
477 and railroad rights of way, except that railroad rights of way may be zoned or rezoned if the
owners of such rights of way file their written consent with the governing body. Lands, when zoned
or rezoned, shall be divided into two zones as follows:
(a) Zone 1 shall be composed of forest, range, grass or undeveloped lands, or any of such
lands intermingled with grazing and agricultural lands.
(b) Zone 2 shall be composed of rural lands not included in zone 1.
(2) During the season of the year when there is danger of fire, every owner of zone 1 land
shall provide adequate protection against the starting or spread of fire thereon or therefrom, which
protection shall meet with the approval of the governing body of the county in which the zone 1
land is located.
(3) An owner shall be deemed to have complied with the requirements of subsection (2) of
this section if, on January 1 of each year, the owner files with the governing body of the county a
bona fide fire protection plan that meets with the approval of the county governing body. The
governing body of the county, or its appointed representative, shall periodically inspect the
protection facilities provided under such a plan in order to confirm compliance by the owner.
(4) If any owner of zone 1 land fails or neglects to file a fire protection plan, or to comply
with the standard of protection approved by the county governing body, the governing body shall
provide for forest protection pursuant to ORS 476.320.
(5) Nothing contained in ORS 476.310 to 476.340 shall prevent interested property owners
in any nonzoned territory from petitioning the governing body and State Board of Forestry to hold
a hearing on the matter of zoning the territory if a majority of the landowners within the territory
file such petition. The governing body, cooperating with the State Board of Forestry, shall give full
consideration to the wishes of the landowners as shown by the hearing. [Amended by 1957 c.432
§1; 1963 c.222 §1; 1965 c.253 §143; 1991 c.459 §415a; 2005 c.22 §356]
476.320 Determination of form of fire protection for lands in zone 1; costs. (1) The
form of protection from fire for lands lying in zone 1 shall be determined jointly by the governing
body of the county, the State Fire Marshal and the State Board of Forestry, which determination
shall be reduced to writing, signed by the officers of the agencies and entered in the journal of the
governing body of the county.
(2) The authority of the State Board of Forestry may be extended to include the
establishment of forest protection on lands lying within zone 1 for lands not subject to a fire
protection plan under ORS 476.310. For such purposes the board of forestry may contract with
individuals, associations, agencies, corporations, rural fire protection districts, counties, cities,
federal agencies, or any of them. The cost of protection in zone 1 shall be assessed and collected in
the same manner as protection costs for lands protected under ORS chapter 477.
(3) The moneys received by the State Board of Forestry under this section shall be paid into
the State Treasury and credited to the State Forestry Department Account and shall be used
exclusively for the purposes stated in this section.
(4) As used in this section, the “authority of the State Board of Forestry” means the duties,
obligations, requirements and penalties of ORS chapter 477. [Amended by 1957 c.83 §5; 1965 c.253
§144; 1967 c.429 §53; 1981 c.362 §1; 1991 c.459 §415b; 1999 c.355 §1]
476.330 Prevention and control of fires in zone 2; tax levy. (1) The county court or
board of county commissioners of any county may prevent and control fire occurring within the
limits of zone 2 in such county, and may for such purposes establish and maintain firefighting and
fire control facilities and contract with existing fire control agencies, either individuals,
associations, corporations, cities or rural fire protection districts. The State Fire Marshal, upon the
request of any county court or board of county commissioners, shall meet with and advise such
county court or board of county commissioners as to the establishment and maintenance of
firefighting and fire protection equipment and facilities.
(2) If the court or board establishes firefighting and fire protection equipment and facilities,
it shall not discontinue such equipment and facilities until at least three years after notice of its
intention to do so has been first published in a newspaper considered by the board to be of general
circulation in the county. The notice shall be published by four insertions in the newspaper and 12
months shall elapse between each insertion.
(3) While the county court or board of county commissioners of any county is maintaining
firefighting and fire protection equipment and facilities, the court or board annually shall levy a tax
upon the taxable property lying within zone 2 in the county, not to exceed one-fourth of one
percent (0.0025) of the real market value of all taxable property within the zone, computed in
accordance with ORS 308.207, for the purpose of furnishing such fire protection.
(4) The court or board of county commissioners, upon approval of the majority of the
electors of zone 2 voting at a special election called for such a purpose, may levy a special tax of not
to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within
the zone, computed in accordance with ORS 308.207. This special levy may be in addition to the
regular levy under subsection (3) of this section.
(5) To carry into effect any of the powers granted under this section, the court or board,
when authorized by a majority of the votes cast by the electors of the zone voting at an election
called for that purpose by the court or board, may borrow money and sell and dispose of general
obligation bonds, which bonds shall never in the aggregate exceed one and one-fourth of one
percent (0.0125) of the real market value of all taxable property within the zone, computed in
accordance with ORS 308.207.
(6) The tax limitations provided in subsections (3) and (4) of this section do not apply to
taxes levied to pay principal or interest on outstanding bonds. [Amended by 1955 c.262 §1; 1959
c.288 §1; 1963 c.9 §29; 1967 c.356 §1; 1969 c.590 §1; 1971 c.647 §107; 1991 c.459 §416; 2007
c.154 §63]
476.340 Establishment of rural fire protection districts in zone 2; exemption from
taxation of property included in district. Nothing contained in the provisions of ORS 476.310 to
476.330 shall be construed to prohibit the establishment of rural fire protection districts as
provided by law within the boundaries of zone 2 as the same may be established in any county. In
event of the organization of a rural fire protection district comprising lands in zone 2, property
included within such fire protection district shall not thereafter be taxed or assessed.
ORS 478 — Rural Fire Protection Districts
478.001 Definitions. (1) As used in this chapter, unless the context requires otherwise:
(a) “Board of directors” or “district board” means the governing body of a district.
(b) “County” means the county in which the district, or the greater portion of the taxable
assessed value of the district, is located.
(c) “County board” means the county court or board of county commissioners of the county.
(d) “District” means a rural fire protection district proposed to be organized or organized
under, or subject to, this chapter.
(e) “Owner” or “landowner” means a legal owner of real property or the vendee of a
contract of purchase of real property, if any, to the exclusion of the vendor. The term includes a unit
owner, as defined in ORS 100.005.
(2) As used in ORS 478.960:
(a) “Commercial waste” means any waste produced in any business involving the lease or
sale, including wholesale and retail, of goods or services, including but not limited to housing, and
means any waste produced by a governmental, educational or charitable institution; however, it
does not include any waste produced in a dwelling containing four living units or less.
(b) “Demolition material” means any waste resulting from the complete or partial
destruction of any man-made structure such as a house, apartment, commercial building or
industrial building.
(c) “Domestic waste” means any nonputrescible waste, consisting of combustible materials,
such as paper, cardboard, yard clippings, wood, or similar materials, generated in a dwelling,
including the real property upon which it is situated, containing four living units or less.
(d) “Field burning” means the burning of any grass field, grain field, pasture, rangeland or
other field by open burning or by use of mobile equipment or flaming equipment on any land or
vegetation.
(e) “Industrial waste” means any waste resulting from any process or activity of
manufacturing or construction.
(f) “Land clearing debris” means any waste generated by the removal of debris, logs, trees,
brush or demolition material from any site in preparation for land improvement or construction
projects.
(g) “Open burning” means any burning conducted in such a manner that combustion air is
not effectively controlled and that combustion products are not vented through a stack or chimney,
including but not limited to burning conducted in open outdoor fires, common burn barrels and
backyard incinerators. [1969 c.667 §2; 1975 c.635 §3; 1983 c.83 §95; 1983 c.350 §282; 1987 c.834
§5]
478.004 New district succeeds to and replaces abolished district. Each rural fire protection
district created by ORS 478.002 shall in all respects succeed to and replace the territorially
coterminous rural fire protection district abolished by ORS 478.002. Without limiting the foregoing:
(1) A successor district is:
(a) The owner of the property of the succeeded district, including real property and funds
on deposit with the county treasurer or banks.
(b) Successor party to the contracts of the succeeded district.
(c) Successor party to the court proceedings of the succeeded district.
(d) Successor obligor on the indebtedness of the succeeded district.
(2) The rules, regulations, fire protection codes and identification numbers of the succeeded
district are the rules, regulations, fire protection codes and identification numbers of the successor
district, until changed by appropriate action under this chapter.
(3) The directors and officers of the succeeded district are the directors and officers of the
successor district. Each director and officer shall hold office for a term equal to the term of the
office of the director or officer in the succeeded district. [1957 s.s. c.10 §2]
FORMATION
478.010 Formation; territories that may not be included in districts. (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]
478.020 [Amended by 1967 c.610 §2; 1969 c.667 §4; repealed by 1971 c.727 §203]
478.030 [Amended by 1967 c.610 §3; 1969 c.667 §5; repealed by 1971 c.727 §203]
478.040 [Repealed by 1957 s.s. c.10 §4 (478.041 enacted in lieu of 478.040)]
478.041 [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]
478.050 Qualifications for directors. A director of a district shall be an elector or an
owner within the district. A district may determine, by ordinance that takes effect at least one year
prior to the date of a regular district election, that firefighters of the district, volunteer or otherwise,
and other district employees shall not serve as directors. [Amended by 1963 c.299 §1; 1969 c.667
§7; 1971 c.647 §109; 1971 c.727 §§139,197; 1973 c.618 §1; 1987 c.834 §1]
478.060 [Amended by 1963 c.299 §2; repealed by 1971 c.647 §149 and by 1971 c.727
§203]
478.070 [Amended by 1961 c.549 §2; 1969 c.667 §8; repealed by 1971 c.727 §203]
478.080 [Amended by 1961 c.549 §3; 1969 c.667 §9; repealed by 1971 c.647 §149; 1971
c.727 §203]
478.090 Effect of 1939 Act on districts then existing. Nothing in this chapter shall be
construed as impairing the legality or organization of any rural fire protection district existing on
June 14, 1939, nor to exclude from such districts any lands then included therein, nor the legality of
any act of such district done in accordance with the prior law, nor shall it be deemed to affect the
legality of the election of any officer of any such existing rural fire protection district. Nor shall
anything in this chapter be deemed in any way to affect any indebtedness or financial obligation
lawfully created by any fire protection district existing on June 14, 1939, and such existing rural fire
protection district is confirmed and for the purpose of continued and future operation shall be
deemed as organized under the terms and conditions of this chapter and entitled to all benefits and
clothed with all the rights, powers and duties as by this chapter provided.
478.100 Immaterial defects in organization not to invalidate district organization. No
final order of a county board establishing a district shall be set aside, or annulled upon appeal or
review, on account of any defect or irregularity in the petition asking for organization of such
district, or notice thereof, which does not materially affect the substantial rights of an interested
party. The following irregularities are declared to be immaterial defects:
(1) Errors of description of the intermediate points, courses or distances of the exterior
boundaries of the proposed district set out in the petition for organization or as changed at the
hearing by the county board, when the exterior boundaries can be otherwise definitely determined.
(2) Errors in posting notices where it can be shown that all persons objecting to the
proceedings had actual notice thereof prior to the hearing.
(3) Errors in or omissions of the names of petitioners or number thereof, or in the
percentage thereof of property owners in the district, required to sign the petition for organization,
where there is entered upon the records of the county board an order or proclamation establishing
or legally forming such district. [Amended by 1969 c.667 §10; 1975 c.326 §4]
478.110 [Repealed by 1969 c.667 §70]
478.115 County governing body to determine territory of district. Subject to the
provisions of ORS 478.010, a county governing body may, under ORS 198.705 to 198.955, include in
or exclude from a proposed district, or territory proposed to be annexed to a district, such territory
as it determines. [1979 c.473 §2]
478.120 Inclusion of forestland in district. The authority to include forestland within a
rural fire protection district pursuant to ORS 478.010 (2)(c) applies to forestland within the
exterior boundaries of an existing district and to forestland on which structures subject to damage
by fire have been added after July 20, 1973. [1973 c.337 §3]
478.130 Certain structures subject to fire damage to be added to tax rolls. Any land
upon which structures subject to damage by fire have been built shall be added to the assessment
roll for the tax year beginning July 1 following the calendar year in which construction on the
structure was begun. [1973 c.337 §4; 1993 c.270 §68]
478.140 Procedure for adding land to district by consent of owner. Any owner
consenting to add the forestland of the owner to the district under ORS 478.010 (2)(c) shall do so
on forms supplied by the Department of Revenue. The owner shall file the original with the district.
The district shall forward a copy to the assessor of each county in which the land is located, within
20 days of receipt. [1973 c.337 §5]
478.150 Conference with State Forestry Department required prior to formation of
district or annexation of territory. Prior to the formation of any rural fire protection district or
the annexation of any territory to an existing rural fire protection district of any territory within the
exterior boundaries of a forest protection district established pursuant to ORS chapter 477, the
petitioners of the proposed district or annexation shall confer with the State Forestry Department
in determining the boundaries and lands to be included within the rural fire protection district.
[1973 c.337 §6]
478.155 Formation of district with tax zones; contents of formation petition and
order creating district; determination of tax levy in each zone; boundary changes. (1) When
formation of a district is proposed after October 15, 1983, the petition or order for formation may
include, in addition to other information required under ORS 198.750 or 198.835:
(a) A statement that the district shall be divided into a specified number of zones for the
purpose of imposing and levying ad valorem taxes at different rates in each zone based upon
differences in services provided by the district in each zone.
(b) The boundaries of the proposed zones.
(2) If an election on formation of the district is held, the county board shall order the
questions of whether or not to form the district and, if the district is formed, whether or not to
divide it into zones to be submitted to the voters as separate questions to be voted upon separately.
(3) After an election on formation is held, if both the formation of the district and the
division of the district into zones are approved by the voters, the order issued under ORS 198.820
(3) creating the district shall declare that the district contains zones with the boundaries specified
in the petition or order for formation. If only formation of the district is approved by the voters, the
order creating the district shall be issued as provided in ORS 198.820.
(4) If the district is formed without an election, the order issued under ORS 198.820 (3)
creating the district shall declare that the district contains zones with the boundaries specified in
the petition or order for formation.
(5) When a district containing zones is formed under this section, the first board of
directors of the district, prior to the levy of any ad valorem taxes by the district, shall provide notice
of a public hearing and conduct the hearing as provided in ORS 478.480 (2) and 478.485. After the
public hearing required under this section, the board shall enter an order in its journal stating the
percentage of the total amount of ad valorem taxes of the district that will be collected in each zone.
The board may then determine, make and declare the ad valorem tax levy for each zone.
(6) The boundaries of the zones and the percentages of taxes collected in each zone that are
established for a district under this section shall be effective until the regular district election in the
first odd-numbered year following the year in which the district is formed. At that regular district
election, a proposal for changing the boundaries of the zones may be submitted to the voters of the
district as provided in ORS 478.480 (2), 478.485 and 478.490. If no proposal for a boundary change
is submitted, the boundaries of the zones established upon formation of the district shall be
retained until notice of a change is given to, and approved by, the voters of the district as provided
in ORS 478.480 (2), 478.485 and 478.490. [1983 c.569 §8]
478.160 Filing of boundary or zone change with county assessor and Department of
Revenue. For purposes of ad valorem taxation, a boundary or zone change must be filed in final
approved form with the county assessor and the Department of Revenue as provided in ORS
308.225. [2001 c.138 §38]
478.965 Recovery by district of costs of suppressing unlawful fire; attorney fees. (1) If the fire-
fighting apparatus or personnel, or either of a district, are required to respond and be used actively
or on a standby basis in connection with the extinguishment or control of a fire that has been
started or allowed to spread in willful violation of ORS 478.960 (1) to (5), the person responsible
therefor shall be liable to the district furnishing such apparatus or personnel, or both, for the actual
costs incurred by the district in controlling, extinguishing or patrolling the fire. Such costs may be
recovered in an action prosecuted in the name of the district. The court may award reasonable
attorney fees to the district if the district prevails in an action under this section. The court may
award reasonable attorney fees to a defendant who prevails in an action under this section if the
court determines that the district had no objectively reasonable basis for asserting the claim or no
reasonable basis for appealing an adverse decision of the trial court.
(2) An itemized statement of the actual costs incurred by the district, certified under oath
by the treasurer of the district, shall be accepted as prima facie evidence of such costs in the action
authorized by this section. [1967 c.420 §6; 1969 c.667 §58; 1981 c.897 §55; 1995 c.696 §24]
Oregon Department of Forestry
526.320 Determination of forestland. Upon establishment of a forestland classification
committee under ORS 526.310, the committee shall periodically investigate and study all land
within the boundaries of its county or counties and determine which of the land is forestland. Such
determination shall take into consideration climate, topography, elevation, rainfall, soil conditions,
roads, extent of fire hazards, recreation needs, scenic values, and other physical, economic and
social factors and conditions relating to the land involved. [Amended by 1965 c.253 §35; 1967 c.429
§31; 2009 c.69 §5]
526.324 Classification of forestland by committee; publication. (1) Upon the basis of its
investigation and determination under ORS 526.320, a committee shall assign all forestland within
the boundaries of its county or counties and within a forest protection district to one of the
following classifications:
(a) Class 1, timber class, includes forestland suitable for the production of timber and may
include lands on which structures are present.
(b) Class 2, timber and grazing class, includes forestland suitable for joint use for timber
production and the grazing of livestock and may include lands on which structures are present.
(c) Class 3, agricultural class, includes forestland suitable for grazing of livestock or other
agricultural use and may include lands on which structures are present.
(2) The committee shall adopt preliminary classifications and shall cause notice thereof to be
published once a week for two consecutive weeks in one or more newspapers of general circulation
within the boundaries of its county or within the boundaries of each of its counties and to be posted
in three public places within the boundaries of its county or within the boundaries of each of its
counties. The notice shall state the time and place for the public hearing required pursuant to ORS
526.328 and where maps of the preliminary classifications may be inspected. [1965 c.253 §37;
1967 c.429 §32; 2009 c.69 §6]
526.328 Hearing; final classification. (1) The committee shall hold a public hearing within the
boundaries of its county or within the boundaries of each of its counties at the time and place stated
in the notice published under ORS 526.324 (2), or at such other time and place as the hearing may
then be adjourned to, to receive from any interested persons objections, remonstrances or
suggestions relating to the preliminary classifications. Following the hearing the committee may
make such changes to the preliminary classifications as it finds to be proper, and thereafter shall
adopt final classifications.
(2) All action by the committee in adopting final classifications shall be by formal written order
that must include a statement of findings of fact on the basis of which the order is made and must
include a list of tax lots affected by the classifications or reclassifications. The committee shall
prepare one or more maps showing the final classifications, but the maps may not be included as
part of the formal written order. The original of the order shall be filed with the county clerk of its
county or with the county clerk of each of its counties. The order need not meet the requirements of
ORS 205.232, 205.234 and 205.236 to be filed and recorded. A copy of the order certified by the
secretary of the committee shall be sent to the State Forester. [1965 c.253 §38; 2009 c.69 §7]
526.330 [Repealed by 1965 c.253 §153]
526.332 Appeal. (1) Any owner of land classified under ORS 526.328 or 526.340 who is aggrieved
by the classification may, within 30 days after the date of the order making the classification, appeal
to the circuit court for the county in which the property is located. If the forestland classification
committee has been established for more than one county and the property is located in more than
one of those counties, the owner of the land may appeal to the circuit court for any of those
counties. Notice of an appeal shall be promptly served on the secretary of the committee or, if the
classification was made under ORS 526.340, on the State Forester.
(2) The appeal shall be tried by the circuit court as an action not triable by right to a jury. [1965
c.253 §39; 1979 c.284 §163; 2009 c.69 §8]
526.335 State Board of Forestry rules. The State Board of Forestry may adopt rules as necessary
to implement ORS 526.305 to 526.340. [2009 c.69 §11]
526.340 Classification by State Forester. (1) The State Forester may identify and classify
forestland in a county, consistent with ORS 526.324 and 526.328, if:
(a) The governing body of a county has failed to establish a forestland classification committee
within two years after the State Forester made a request under ORS 526.310 (1);
(b) A forestland classification committee has failed to adopt and file a final classification
pursuant to ORS 526.328 within the five-year period after the date the forestland classification
committee was first established; or
(c) A forestland classification committee has failed to act in a manner consistent with ORS
526.310, 526.320, 526.324 and 526.328.
(2) Classifications by the State Forester have the same force and effect as though made by a
forestland classification committee. However, classifications made by the State Forester cease to be
effective if replaced by classifications made pursuant to ORS 526.320, 526.324 and 526.328.
[Amended by 1965 c.253 §40; 1997 c.274 §43; 2009 c.69 §9]
526.350 Policy in administering forest and fire laws; contracts for care of forestland. (1) All
forest laws relating to forestland classified pursuant to ORS 526.328 or 526.340, and all rules
promulgated under such laws, shall be so administered as best to promote the primary use for
which that land is classified. Any contract by the State Board of Forestry or the State Forester with
any forest protective association or agency for the care of any such forestland shall provide that the
care shall be in accord with the provisions of this section relating to that land.
(2) It shall be the policy of the board and the forester as to all forestland classified in:
(a) Class 1, to give primary consideration to timber production and reforestation, in preference
to grazing or agricultural uses, not excluding, however, recreation needs or scenic values.
(b) Class 2, to give equal consideration and value to timber production and the development or
maintenance of grazing, either as a temporary use for the interim between logging and
reforestation or as a permanent or semi-permanent joint use.
(c) Class 3, to give primary consideration to the development of grazing or agriculture, in
preference to timber production.
(3) The forester, on forestland classified pursuant to ORS 526.328 or 526.340, shall administer
the forest laws of this state in accordance with the policy stated in this section as it applies to the
land involved. [Amended by 1965 c.253 §41]