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Oregon Revised Statutes

Or. Rev. Stat. § 477.001 (2026)

Definitions

✓ current as of May 2026
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      477.001 Definitions. As used in this chapter:

      (1) “Additional fire hazard” means a hazard that has been determined to exist by the forester pursuant to ORS 477.580.

      (2) “Board” means the State Board of Forestry.

      (3) “Campfire” means any open fire used for cooking, personal warmth, lighting, ceremonial or aesthetic purposes that is hand built and that is not associated with any debris disposal activities.

      (4) “Centralized administration costs” means all costs associated with:

      (a) Administration of the State Forestry Department;

      (b) The following services, provided statewide and in areas of this state by the department:

      (A) Fire management on forestland;

      (B) Emergency response and support; and

      (C) Other services not described in this paragraph; and

      (c) The procurement of supplies related to purposes described in this subsection.

      (5) “Department” means the State Forestry Department.

      (6) “District” means a forest protection district organized under ORS 477.225.

      (7) “Every reasonable effort” means the use of the reasonably available personnel and equipment under the supervision and control of an owner or operator, which are needed and effective to fight the fire in the judgment of the forester and which can be brought to bear on the fire in a timely fashion.

      (8) “Fire season” means a period designated pursuant to ORS 477.508.

      (9) “Fiscal year” means the period beginning on July 1 of any year and ending on June 30 of the next year.

      (10) “Forestland” means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. As used in this subsection, “clearing” means any grassland, improved area, lake, meadow, mechanically or manually cleared area, road, rocky area, stream or other similar forestland opening that is surrounded by or contiguous to forestland and that has been included in areas classified as forestland under ORS 526.305 to 526.370.

      (11) “Forest patrol assessment” means the costs levied and assessed under ORS 477.270.

      (12) “Forest protective association” or “association” means an association, group or agency composed of owners of forestlands, organized for the purpose of protecting such forestlands from fire.

      (13) “Forest resource” means the various types of vegetation normally growing on Oregon’s forestland, the associated harvested products and the associated residue, including but not limited to brush, grass, logs, saplings, seedlings, trees and slashing.

      (14) “Forester” means the State Forester or authorized representative.

      (15) “Governing body” of a county means the county court or board of county commissioners.

      (16) “Grazing land” is defined by ORS 477.205.

      (17) “Open fire” means any outdoor fire that occurs in such a manner that combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.

      (18) “Operation” means any industrial activity, any development or any improvement on forestland inside or within one-eighth of one mile of a forest protection district, including but not limited to the harvesting of forest tree species, the clearing of land, the use of power-driven machinery and the use of fire, excluding, however, the culture and harvesting of agricultural crops.

      (19) “Operation area” means the area on which an operation is being conducted and the area on which operation activity may have resulted in the ignition of a fire.

      (20) “Operation in progress” means that time when workers are on an operation area for the purpose of an operation, including the period of time when fire watches are required to be on the operation area pursuant to ORS 477.665.

      (21) “Operator” means any person who, either personally or through employees, agents, representatives or contractors, is carrying on or has carried on any operation.

      (22) “Owner” means an individual, a combination of individuals, a partnership, a corporation, the State of Oregon or a political subdivision thereof, or an association of any nature that holds an ownership interest in land.

      (23) “Political subdivision” includes, but is not limited to, counties, cities and special districts.

      (24) “Rangeland” is defined by ORS 477.315.

      (25) “Routine road maintenance” is defined by ORS 477.625.

      (26) “Side” means any single unit of a logging operation employing power-driven machinery.

      (27) “Slashing” means the forest debris or refuse on any forestland resulting from the cutting, killing, pruning, severing or removal of brush, trees or other forest growth.

      (28) “State Forester” means the person appointed State Forester pursuant to ORS 526.031 or the person serving in the position on an interim or delegated basis.

      (29) “Summit of the Cascade Mountains” is considered to be a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County; thence southerly along the western boundaries of Wasco, Jefferson, Deschutes and Klamath Counties to the southern boundary of the State of Oregon.

      (30) “Timberland” is defined by ORS 477.205.

      (31) “Warden” means a fire warden appointed under ORS 477.355. [1959 c.363 §2 (enacted in lieu of 477.002); 1961 c.603 §1; 1965 c.253 §44; 1967 c.429 §34; 1973 c.46 §1; 1983 c.22 §1; 1985 c.759 §32; 1997 c.274 §1; 1999 c.59 §156; 1999 c.355 §2; 2003 c.54 §3; 2025 c.581 §11]

 

      477.002 [Amended by 1953 c.68 §19; subsection (2) of 1957 Replacement Part enacted as 1953 c.372 §2; subsection (5) of 1957 Replacement Part enacted as 1953 c.152 §1; amended by 1955 c.158 §1; repealed by 1959 c.363 §1 (477.001 enacted in lieu of 477.002)]

 

      477.003 [1959 c.363 §20; repealed by 1961 c.351 §1]

 

      477.004 [Repealed by 1965 c.253 §153]

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1961–2025 · leading case: Sproul v. State Tax Comm'n, 383 P.2d 754 (Or. 1963).
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Sproul v. State Tax Comm'n, 383 P.2d 754 (Or. 1963). · cites it 6× “" ORS 477.001, 477.004, 321.005(6); Oregon Laws 1953, ch 372, § 2(3).”
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007). “168 and ‘forestland,’ as defined by ORS 477.001”). As we have noted, each of defendant’s arson offenses, as pleaded and proved, as well as each of his attempted arson offenses, violated only one statutory provision, namely ORS 164.”
State v. Haynes, 942 P.2d 295 (Or. Ct. App. 1997). · cites it 2× “010 and ‘forestland,’ as defined by ORS 477.001.” ORS 479.010, in turn, defines “public buildings” as: “[A] building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including, among others, * * * churches * * ORS 477.”
State v. Crawford, 171 P.3d 974 (Or. Ct. App. 2007). “168 and ‘forestland,’ as defined by ORS 477.001”).”
State v. California Oregon Power Co., 358 P.2d 524 (Or. 1961). · cites it 2× “002 (1) (g) prior to its repeal in 1959 when it was replaced by ORS 477.001,. defined “operator” as follows: “(g) ‘Operator’ means anyone carrying on activity or employing or contracting with anyone for the removal or cutting of forest crops resulting in an operation area.”
State v. Perez, 508 P.2d 833 (Or. Ct. App. 1973). · cites it 2× “010 and ‘forest land’ as defined by ORS 477.001.” The Criminal Law Revision Commission’s Final Draft of July, 1970, in commenting on what is now ORS 164.”
Henderson v. Nielsen, 871 P.2d 495 (Or. Ct. App. 1994). “Defendant is correct that an “owner” or “operator,” as those terms are defined in ORS 477.001(16) and (17), may be liable under ORS 477.”
State v. Underhill, 341 Or. App. 834 (Or. Ct. App. 2025). · cites it 3× ““ ‘Protected property’ means any structure, place or thing customarily occupied by people, including * * * ‘forestland,’ as defined by ORS 477.001.” ORS 164.305(1). In turn, “forestland” means “any woodland, brushland, timberland, grazing land or clearing that, during any time…”
State Forester v. Obrist, 390 P.2d 333 (Or. 1964). “310 and, as we have already indicated, the complaint did not bring defendant within the class of persons who are liable under OES 477.”
State v. Columbia Basin Elec. Co-op, Inc., 646 P.2d 96 (Or. Ct. App. 1982). · cites it 10× “120(2)(b). If so, it does not qualify for the exemption from liability afforded by ORS 477.”
State v. Gibson, 600 P.2d 962 (Or. Ct. App. 1979). “010 and 'forest land’ as defined by ORS 477.001.” The commentary to the 1971 Criminal Code by the Criminal Law Review Commission states that "the purpose of the definition is to protect those structures or things which typically are occupied by people, and is consistent with the…”
State v. Underhill, 341 Or. App. 834 (Or. Ct. App. 2025). · cites it 3× ““ ‘Protected property’ means any structure, place or thing customarily occupied by people, including * * * ‘forestland,’ as defined by ORS 477.001.” ORS 164.305(1). In turn, “forestland” means “any woodland, brushland, timberland, grazing land or clearing that, during any time…”
Show all 16 citing cases →
— Or. Rev. Stat. § 477.001(13) — 2 cases
State v. Columbia Basin Elec. Co-op, Inc., 646 P.2d 96 (Or. Ct. App. 1982). “120(2)(b). If so, it does not qualify for the exemption from liability afforded by ORS 477.”
State v. Columbia Basin Elec. Co-op, Inc., 655 P.2d 1053 (Or. 1982).
— Or. Rev. Stat. § 477.001(15) — 1 case
State v. Columbia Basin Elec. Co-op, Inc., 655 P.2d 1053 (Or. 1982).
— Or. Rev. Stat. § 477.001(16) — 2 cases
Henderson v. Nielsen, 871 P.2d 495 (Or. Ct. App. 1994). “Defendant is correct that an “owner” or “operator,” as those terms are defined in ORS 477.001(16) and (17), may be liable under ORS 477.”
State v. Columbia Basin Elec. Co-op, Inc., 646 P.2d 96 (Or. Ct. App. 1982). “120(2)(b). If so, it does not qualify for the exemption from liability afforded by ORS 477.”
— Or. Rev. Stat. § 477.001(20) — 1 case
State v. Columbia Basin Elec. Co-op, Inc., 646 P.2d 96 (Or. Ct. App. 1982). “120(2)(b). If so, it does not qualify for the exemption from liability afforded by ORS 477.”
— Or. Rev. Stat. § 477.001(21) — 1 case
Herring v. Lane Cnty., 171 P.3d 1025 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 477.001(6) — 1 case
Sproul v. State Tax Comm'n, 383 P.2d 754 (Or. 1963). “" ORS 477.001, 477.004, 321.005(6); Oregon Laws 1953, ch 372, § 2(3).”
— Or. Rev. Stat. § 477.001(9) — 2 cases
State v. Underhill, 341 Or. App. 834 (Or. Ct. App. 2025). ““ ‘Protected property’ means any structure, place or thing customarily occupied by people, including * * * ‘forestland,’ as defined by ORS 477.001.” ORS 164.305(1). In turn, “forestland” means “any woodland, brushland, timberland, grazing land or clearing that, during any time…”
State v. Underhill, 341 Or. App. 834 (Or. Ct. App. 2025). ““ ‘Protected property’ means any structure, place or thing customarily occupied by people, including * * * ‘forestland,’ as defined by ORS 477.001.” ORS 164.305(1). In turn, “forestland” means “any woodland, brushland, timberland, grazing land or clearing that, during any time…”
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