Or. Admin. Code § 736-018-0090

Current through Register Vol. 63, No. 10, October 1, 2024

Section 736-018-0090 - Determination of Significance

The Division shall determine significance levels by evaluating the sensitivity of forests and potential impacts of practices:

(1) Sensitivity: Sensitivity of forests in parks for which there is no master plan shall be rated as high, unless:

(a) The forest has been identified as surplus to park needs by a process that provides public review and opportunity for comment;

(b) The forest has been assessed in the State Parks Natural Resources Inventory and is found not to contain important natural features, rare or endangered species, or potential natural heritage cells; or

(c) The Division's instrument of title to the forest requires certain forms of timber management or reserves timber harvest rights to the grantor.

(2) In parks for which master plans have been adopted, sensitivity rating shall depend on the following land use classifications, contained in the master plans:

(a) Pre-1985 Land Use/Forest Management Classifications:

(A) Low Sensitivity: Second-growth forests and residual or previously disturbed mature tree stands in "Secondary Protection Areas," "Major Development Areas," "Limited Development Areas." Areas without deed restrictions that are designated for disposal shall also be rated as having low sensitivity;

(B) High Sensitivity: Forests located in "Primary Protection Areas," and undisturbed forests in "Secondary Protection Areas."

(b) 1985 Land Use Classifications:

(A) Low Sensitivity: Second-growth forest and residual or previously disturbed mature tree stands in "Management Areas," "Development Areas," and "Surplus Areas";

(B) High Sensitivity: Forests located in "Protection Areas," and undisturbed forests in Management Areas.

(3) Significance: Forest management programs shall be rated, documented, and public notice given according to the identified level of significance:

(a) Non-significant programs are those which involve low impact in low sensitivity forests. The public will be notified if the program or situation will cause abnormal closure of facilities or significantly affect public use of the park. In such instances, appropriate news releases and posting of notices will be recommended;

(b) Possibly significant programs are those which involve low impact in high sensitivity forests, or high impact in low sensitivity forests. Upon review, the Administrator will determine the level of significance. If it is determined that the program is non-significant, that decision shall be documented. If it is determined that the program is significant, public notice and opportunity for comment shall be provided;

(c) Significant programs are those which involve high impact in high sensitivity forests. Public notice and opportunity for comment shall be provided as follows:

(A) A notice shall be published at least once a week for two consecutive weeks in a daily newspaper of general circulation in the vicinity of the proposed program, as well as the nearest large city and/or Portland. Written notice shall be sent to affected government agencies, interested members of the public, and adjoining landowners;

(B) The public will have 15 days to request a hearing and 30 days to submit written comment, following the last published notice;

(C) If sufficient requests are received, the Division shall provide notice of public hearing and conduct the hearing in substantial compliance with the procedures set forth in OAR 137-001-0015 and 137-001-0030;

(D) The administrator shall fully consider all written and oral submissions and shall issue a decision, with findings, allowing, modifying, or not allowing the proposed program.

(4) Emergency Actions: When an emergency situation is declared the Administrator may authorize immediate action as necessary. Appropriate documentation or evaluation will be done following the action.

Or. Admin. Code § 736-018-0090

PR 12-1986, f. & ef. 7-29-86

Stat. Auth.: ORS 390

Stats. Implemented: ORS 390.121