Private Timber Lands
Private forestlands in Oregon are managed according to the Oregon Forest Practices Act (OFPA) first adopted in 1971. Conservation measures under Oregon’s forest practices rules are generally considered weaker than California or Washington’s. The OFPA sets guidelines for harvesting, reforestation, road construction and maintenance, slash disposal, chemical use, and stream, lake and wetland protection.
Unfortunately, there are many shortcomings to the OFPA and the ways private forests are managed. Abundant clear-cutting and short logging rotations have turned diverse forests into tree farms. Excessive use of herbicides and other chemicals has poisoned land, air, and water, and destroyed forest understories. Careless road construction has led to unnatural peak streamflows, landslides, erosion/sedimentation, and blocked passage for fish and wildlife. Failure to avoid landslide-prone areas and adequately protect riparian areas has damaged waterways. Irresponsible logging has left inadequate habitat for wildlife, while replanting has created dense plantations that pose high fire risks.
Unfortunately, there are many shortcomings to the OFPA and the ways private forests are managed. Abundant clear-cutting and short logging rotations have turned diverse forests into tree farms. Excessive use of herbicides and other chemicals has poisoned land, air, and water, and destroyed forest understories. Careless road construction has led to unnatural peak streamflows, landslides, erosion/sedimentation, and blocked passage for fish and wildlife. Failure to avoid landslide-prone areas and adequately protect riparian areas has damaged waterways. Irresponsible logging has left inadequate habitat for wildlife, while replanting has created dense plantations that pose high fire risks.
Aerial spraying of chemicals on clearcuts is one of the biggest concerns for rural residents. Learn more!
Management under the Oregon Forest Practices Act
Public Process
Private land owners are required to inform the state of intended logging plans, but the state does not have the authority to grant or deny approval. The logging plans must adhere to the Oregon Forest Practices Act. There is no opportunity for the public to engage in the development or approval of logging plans.
Logging
Logging on private lands is expected to be consistent with the state and local use requirements under the Forest Practices Act. The commercial growing and harvest of trees on private land includes minimal regulations for timber harvesting, road construction and maintenance, slash treatment, reforestation and pesticide and fertilizer use.
For a single landowner, clear-cuts are allowed up to 120 acres in size. The clear-cut parcel must be buffered by at least 300 feet on a single landowner’s property or until replanted trees have grown for 4 years or are 4 feet tall. The selling or trading of property often circumvents the 300 foot buffer requirement—a loophole that aids private landowners in maximizing the total amount of land available to be clear-cut.
Timber Taxes
Despite the damage done to public resources like water, fish, and wildlife by practices on private land, timber industry owners pay little in way of taxes to the State.
Until the late 1990s, private timber land owners all paid a forest severance tax, which generated revenue for county and state governments to use on public services. In 1999, the Oregon Legislature eliminated this tax on private timber owners with more than 5,000 acres of land, resulting in a drop in state revenue of $70 million a year.
Today, the primary tax paid by large industrial forest owners is the Forest Harvest Tax. Funds generated from this tax funds firefighting efforts through the Oregon Department of Forestry (ODF) and the Oregon Forest Resources Institute (OFRI) - a quasi-government agency with a mission to promote logging and the lax logging laws we have here in Oregon. Forest Harvest Tax funds do not go to county or state governments to fund services.
Road Standards
Landowners must comply with the Forest Practices Act road standards. Written approval from ODF is required prior to road construction if the plan is in or near riparian areas, stream crossings (over 15 feet deep), or high landslide areas. Approval is also required for placing logs or boulders in stream channels for stream enhancement.
Private forestlands are frequently under regulated and under enforced. Checks and citations are based on reports of violation only.
Water Quality
Private landowners are expected to follow Oregon DEQ’s best management practices.
Studies recently confirmed that stream protections on private lands were insufficient to meet minimal Clean Water Act requirements for stream temperature. More than 3000 miles of streams on private forestlands are non-compliant with water quality standards.
Endangered Species
There is no language in the state ESA that requires an owner or any commercial forestland or other private land to take action to protect a threatened or endangered species or to impose additional requirements or restrictions on the use of private land.
Only a 70-acre no-cut area is required for known northern spotted owl sites, though owls’ home range typically include over a 1,000 acres of habitat around their nest.
Riparian Buffers
Small headwater streams deemed “non-fish bearing” do not have mandatory buffers where clearcut logging is restricted. No-cut buffers on fish-bearing streams are 20 feet, and on most streams clearcut logging is allowed outside of that, with the exception of larger streams where partial logging is allowed from 20-100 feet.
Stream crossings are allowed for logging. Private entities must submit written plans for comment from the state before riparian logging. Thinning in riparian areas is not regulated.
Pesticides
Aerial spraying of herbicides is common. It is difficult to prevent chemicals from drifting onto water-bodies. Plans and compliance with other state laws are required. There is a 60-foot buffer for aerial spraying on fish-bearing or drinking water streams. Small streams have no buffer.
Enforcement & Accountability
Checks and citations are based on reports of violation only. State budgets for inspection have been severely reduced in recent years.
Public Process
Private land owners are required to inform the state of intended logging plans, but the state does not have the authority to grant or deny approval. The logging plans must adhere to the Oregon Forest Practices Act. There is no opportunity for the public to engage in the development or approval of logging plans.
Logging
Logging on private lands is expected to be consistent with the state and local use requirements under the Forest Practices Act. The commercial growing and harvest of trees on private land includes minimal regulations for timber harvesting, road construction and maintenance, slash treatment, reforestation and pesticide and fertilizer use.
For a single landowner, clear-cuts are allowed up to 120 acres in size. The clear-cut parcel must be buffered by at least 300 feet on a single landowner’s property or until replanted trees have grown for 4 years or are 4 feet tall. The selling or trading of property often circumvents the 300 foot buffer requirement—a loophole that aids private landowners in maximizing the total amount of land available to be clear-cut.
Timber Taxes
Despite the damage done to public resources like water, fish, and wildlife by practices on private land, timber industry owners pay little in way of taxes to the State.
Until the late 1990s, private timber land owners all paid a forest severance tax, which generated revenue for county and state governments to use on public services. In 1999, the Oregon Legislature eliminated this tax on private timber owners with more than 5,000 acres of land, resulting in a drop in state revenue of $70 million a year.
Today, the primary tax paid by large industrial forest owners is the Forest Harvest Tax. Funds generated from this tax funds firefighting efforts through the Oregon Department of Forestry (ODF) and the Oregon Forest Resources Institute (OFRI) - a quasi-government agency with a mission to promote logging and the lax logging laws we have here in Oregon. Forest Harvest Tax funds do not go to county or state governments to fund services.
Road Standards
Landowners must comply with the Forest Practices Act road standards. Written approval from ODF is required prior to road construction if the plan is in or near riparian areas, stream crossings (over 15 feet deep), or high landslide areas. Approval is also required for placing logs or boulders in stream channels for stream enhancement.
Private forestlands are frequently under regulated and under enforced. Checks and citations are based on reports of violation only.
Water Quality
Private landowners are expected to follow Oregon DEQ’s best management practices.
Studies recently confirmed that stream protections on private lands were insufficient to meet minimal Clean Water Act requirements for stream temperature. More than 3000 miles of streams on private forestlands are non-compliant with water quality standards.
Endangered Species
There is no language in the state ESA that requires an owner or any commercial forestland or other private land to take action to protect a threatened or endangered species or to impose additional requirements or restrictions on the use of private land.
Only a 70-acre no-cut area is required for known northern spotted owl sites, though owls’ home range typically include over a 1,000 acres of habitat around their nest.
Riparian Buffers
Small headwater streams deemed “non-fish bearing” do not have mandatory buffers where clearcut logging is restricted. No-cut buffers on fish-bearing streams are 20 feet, and on most streams clearcut logging is allowed outside of that, with the exception of larger streams where partial logging is allowed from 20-100 feet.
Stream crossings are allowed for logging. Private entities must submit written plans for comment from the state before riparian logging. Thinning in riparian areas is not regulated.
Pesticides
Aerial spraying of herbicides is common. It is difficult to prevent chemicals from drifting onto water-bodies. Plans and compliance with other state laws are required. There is a 60-foot buffer for aerial spraying on fish-bearing or drinking water streams. Small streams have no buffer.
Enforcement & Accountability
Checks and citations are based on reports of violation only. State budgets for inspection have been severely reduced in recent years.
