477.210 Duty
of owner to protect forestland; forester’s duty to provide protection upon
noncompliance. (1)
During the season of the year when there is danger of fire, every owner of
forestland shall provide adequate protection against the starting or spread of
fire thereon or therefrom, which protection shall meet with the approval of the
State Board of Forestry.
(2) Subsection
(1) of this section is considered to have been complied with if, on January 1
of each year, the owner:
(a) Files with
the forester a bona fide forest protection plan that meets with the approval of
the board; or
(b) Is a member
in good standing in a forest protective association maintaining a standard of
protection approved by the board.
(3) The forester
shall make periodic inspections of the protection facilities provided in order
to ascertain compliance by the owner.
(4) In case any
owner of forestland shall fail or neglect to file such a fire plan or maintain
the standard of protection approved by the board, either through compliance
with the fire plan or membership in an approved association, then the forester
under the direction of the board shall provide forest protection pursuant to
ORS 477.205 to 477.281.
(5) The forester
shall provide protection pursuant to ORS 477.205 to 477.281 for forestland
owned by the state or by a political subdivision located within a forest
protection district, unless adequate protection as required by this section is
otherwise provided. [Formerly 477.024; 2003 c.14 §314]
477.212 [Amended by 1953 c.68 §19; 1965
c.253 §104; renumbered 477.615]
477.214 [Repealed by 1953 c.68 §19]
477.215 [1953 c.68 §16; 1965 c.253 §105;
renumbered 477.620]
477.216 [Amended by 1953 c.68 §19;
repealed by 1957 c.32 §4 (477.217 enacted in lieu of 477.216)]
477.217 [1957 c.32 §5 (enacted in lieu of
477.216); 1959 c.363 §10; 1965 c.253 §117; renumbered 477.565]
477.218 [Amended by 1953 c.68 §19; 1965
c.253 §103; renumbered 477.605]
Notes of Decisions
State ex rel. Dep't of Forestry v. Louisiana-Pac. Corp., 941 P.2d 1052 (Or. Ct. App. 1997).
· cites it 6× “120 provides a limited immunity from liability for the Department’s costs in suppressing forest fires when the owner of the forestland has fulfilled its obligations under ORS 477.210. Under that statute, neither an owner nor an operator is subject to the obligations or penalties…”
State v. Columbia Basin Elec. Co-op, Inc., 646 P.2d 96 (Or. Ct. App. 1982).
“068 if: “(a) Forest patrol assessments are regularly paid for the forest land; or “(b) Such forest land is protected pursuant to membership in a forest protective association in accordance with ORS 477.210 [formerly 477.024], which association has undertaken the control and…”
— Or. Rev. Stat. § 477.210(1) — 1 case
State ex rel. Dep't of Forestry v. Louisiana-Pac. Corp., 941 P.2d 1052 (Or. Ct. App. 1997).
“120 provides a limited immunity from liability for the Department’s costs in suppressing forest fires when the owner of the forestland has fulfilled its obligations under ORS 477.210. Under that statute, neither an owner nor an operator is subject to the obligations or penalties…”
— Or. Rev. Stat. § 477.210(2)(a) — 1 case
State ex rel. Dep't of Forestry v. Louisiana-Pac. Corp., 941 P.2d 1052 (Or. Ct. App. 1997).
“120 provides a limited immunity from liability for the Department’s costs in suppressing forest fires when the owner of the forestland has fulfilled its obligations under ORS 477.210. Under that statute, neither an owner nor an operator is subject to the obligations or penalties…”
— Or. Rev. Stat. § 477.210(2)(b) — 1 case
State ex rel. Dep't of Forestry v. Louisiana-Pac. Corp., 941 P.2d 1052 (Or. Ct. App. 1997).
“120 provides a limited immunity from liability for the Department’s costs in suppressing forest fires when the owner of the forestland has fulfilled its obligations under ORS 477.210. Under that statute, neither an owner nor an operator is subject to the obligations or penalties…”
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