Bill Text: OR SB455 | 2011 | Regular Session | Introduced

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Bill Title: Relating to trees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB455 Detail]

Download: Oregon-2011-SB455-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1404

                         Senate Bill 455

Sponsored by Senator JOHNSON (at the request of PUC Right-of-Way
  Committee) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Exempts Department of Transportation from need to obtain local
permit before removing trees.
  Permits department to inspect and condemn trees that
potentially pose immediate and substantial risk of damage or
injury by obstructing, hanging over or otherwise encroaching or
threatening to encroach in any manner on state highway.
  Increases amount of minimum appraised value of forest products
required to place forest products for sale at public auction by
department.

                        A BILL FOR AN ACT
Relating to trees; creating new provisions; and amending ORS
  366.365, 366.395 and 527.745.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 366. + }
  SECTION 2.  { + Notwithstanding any city, county or other local
government charter or ordinance, the Department of Transportation
may cut down or remove trees located within a state highway right
of way without first obtaining a permit. + }
  SECTION 3. ORS 366.365 is amended to read:
  366.365. (1) The Department of Transportation may go upon
private property in the manner provided by ORS 35.220 to
determine the advisability or practicability of locating and
constructing a highway over the property or the source,
suitability or availability of road-building materials thereon.
   { +  (2)(a) The department may go upon private property in the
manner provided by ORS 35.220 to inspect a tree that the
department believes may potentially pose an immediate and
substantial risk of damage or injury because the tree is
obstructing, hanging over or otherwise encroaching or threatening
to encroach in any manner on a state highway.
  (b) If after inspecting the tree the department believes that
the tree presents a potential risk as described in paragraph (a)
of this subsection, the department may request that an arborist
certified by the International Society of Arboriculture conduct a
technical evaluation, as defined by the department by rule, of
the tree.
  (c) If the arborist determines after conducting a technical
evaluation that the tree presents an immediate and substantial
risk of damage or injury, the department may immediately cut down
the tree. + }
    { - (2) - }  { +  (3) + } The department may go upon private
property to cut down or remove trees located on the property
without notifying the property owner if the department has
determined that the trees create an immediate and substantial
risk of damage or injury by obstructing, hanging over or
otherwise encroaching or threatening to encroach in any manner on
a state highway.
    { - (3) - }  { +  (4) + } Within a reasonable amount of time
after the department cuts down or removes trees in the manner
provided by subsection (2)  { + or (3) + } of this section, the
department shall locate the property owner and notify the
property owner of the department's actions. The department may
establish the process of notification by rule.
  SECTION 4. ORS 366.395 is amended to read:
  366.395. (1) The Department of Transportation may sell, lease,
exchange or otherwise dispose or permit use of real or personal
property, including equipment and materials acquired by the
department, title to which real or other property may have been
taken either in the name of the department, or in the name of the
state, and which real or personal property is, in the opinion of
the department, no longer needed, required or useful for
department purposes, except that real property may be leased
when, in the opinion of the department, such real property will
not be needed, required or useful for department purposes during
the leasing period. The department may exchange property as
provided in subsection (3) of this section regardless of whether
the property is needed by, required by or useful to the
department if, in the judgment of the department, doing so will
best serve the interests of the state.
  (2) The department may sell, lease, exchange or otherwise
dispose of such real or personal property in such manner as, in
the judgment of the department, will best serve the interests of
the state and will most adequately conserve highway funds or the
department's account or fund for the real or personal property.
In the case of real property, interest in or title to the same
may be conveyed by deed or other instrument executed in the name
of the state, by and through the department. All funds or money
derived from the sale or lease of any such property shall be paid
by the department to the State Treasurer with instructions to the
State Treasurer to credit such funds or moneys:
  (a) To the highway fund; or
  (b) To the department's account or fund for the property. The
State Treasurer shall credit the funds and moneys so received as
the department shall direct.
  (3) Property described in subsection (1) of this section may be
exchanged for other property or for services. As used in this
subsection, 'services' includes, but is not limited to, public
improvements as defined in ORS 279A.010.
  (4)(a) Before offering forest products for sale { + , + } the
department shall cause the forest products to be appraised.
  (b) If the appraised value of the forest products exceeds
  { - $15,000 - }  { +  $50,000 + }, the department
 { - shall - }  { +  may + } not sell them to a private person,
firm or corporation except after a public auction to receive
competitive bids. Prior to   { - such - }  { +  a public + }
auction, the department shall give notice   { - thereof - }  { +
of the auction + } not less than once a week for three
consecutive weeks by publication in one or more newspapers of
general circulation in the county in which the forest products
are located and by   { - such - }   { + any + } other
 { - media - }  { +  means + } of communication as the department
deems advisable. The  { +  department shall provide the + }
minimum bid price and a brief statement of the terms and
conditions of the sale   { - shall be - }  in the notice.
  (c) Notice and competitive bidding under paragraph (b) of this
subsection   { - shall - }  { +  is + } not   { - be - }
required if the Director of Transportation declares an emergency
to exist that requires the immediate removal of the timber. If an
emergency has been so declared:
  (A) Then the timber, regardless of value, may be sold by a
negotiated price; and
  (B) The director shall make available for public inspection a
written statement giving the reasons for declaring the emergency.
  (5) The department's account or fund for the forest product
shall be credited with the proceeds of the sale.
  SECTION 5. ORS 527.745 is amended to read:
  527.745. (1) The State Board of Forestry shall adopt standards
for the reforestation of harvest type 1 and harvest type 3.
Unless the board makes the findings for alternate standards under
subsection (2) of this section, the standards for the
reforestation of harvest type 1 and harvest type 3 shall include
the following:
  (a) Reforestation, including site preparation, shall commence
within 12 months after the completion of harvest and shall be
completed by the end of the second planting season after the
completion of harvest. By the end of the fifth growing season
after planting or seeding, at least 200 healthy conifer or
suitable hardwood seedlings or lesser number as permitted by the
board by rule, shall be established per acre, well-distributed
over the area, which are 'free to grow' as defined by the board.
  (b) Landowners may submit plans for alternate practices that do
not conform to the standards established under paragraph (a) of
this subsection or the alternate standards adopted under
subsection (2) of this section, including but not limited to
variances in the time in which reforestation is to be commenced
or completed or plans to reforest sites by natural reforestation.
Such alternate plans may be approved if the State Forester
determines that the plan will achieve equivalent or better
regeneration results for the particular conditions of the site,
or the plan carries out an authorized research project conducted
by a public agency or educational institution.
  (2) The board, by rule, may establish alternate standards for
the reforestation of harvest type 1 and harvest type 3, in lieu
of the standards established in subsection (1) of this section,
but in no case can the board require the establishment of more
than 200 healthy conifer or suitable hardwood seedlings per acre.
Such alternate standards may be adopted upon finding that the
alternate standards will better assure the continuous growing and
harvesting of forest tree species and the maintenance of
forestland for such purposes, consistent with sound management of
soil, air, water, fish and wildlife resources based on one or
more of the following findings:
  (a) Alternate standards are warranted based on scientific data
concerning biologically effective regeneration;
  (b) Different standards are warranted for particular geographic
areas of the state due to variations in climate, elevation,
geology or other physical factors; or
  (c) Different standards are warranted for different tree
species, including hardwoods, and for different growing site
conditions.
  (3) Pursuant to ORS 527.710, the board may adopt definitions,
procedures and further regulations to implement the standards
established under subsection (1) of this section, without making
the findings required in subsection (2) of this section, if those
procedures or regulations are consistent with the standards
established in subsection (1) of this section.
  (4) The board shall encourage planting of disease and insect
resistant species in sites infested with root pathogens or where
planting of susceptible species would significantly facilitate
the spread of a disease or insect pest and there are immune or
more tolerant commercial species available which are adapted to
the site.
  (5) Notwithstanding subsections (1), (2) and (3) of this
section, in order to remove potential disincentives to the
conversion of underproducing stands, as defined by the board, or
the salvage of stands that have been severely damaged by
wildfire, insects, disease or other factors beyond the
landowner's control, the State Forester may suspend the
reforestation requirements for specific harvest type 1 or harvest
type 3 units in order to take advantage of the Forest Resource
Trust provisions, or other cost-share programs administered by
the State Forester or where the State Forester is the primary
technical adviser. Such suspension may occur only on an
individual case basis, in writing, based on a determination by
the State Forester that the cost of harvest preparation, harvest,
severance and applicable income taxes, logging, site preparation,
reforestation and any other measures necessary to establish a
free to grow forest stand will likely exceed the gross revenues
of the harvest. The board shall adopt rules implementing this
subsection establishing the criteria for and duration of the
suspension of the reforestation requirements.
   { +  (6) Notwithstanding subsections (1), (2) and (3) of this
section, the State Forester shall consult with the Department of
Transportation concerning reforestation requirements for harvest
type 1 and harvest type 3. The State Forester shall waive
reforestation requirements in areas deemed to be unsuitable for
reforestation by the department in order to maintain motorist
safety and to protect highways, bridges and utility lines. + }
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