BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY STATE OF OREGON ORDINANCE NO

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1 BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY STATE OF OREGON ORDINANCE NO AN ORDINANCE PERTAINING TO FOREST PRACTICES; AND REPEALING ORDINANCES 85-6 AND 85-6E WHEREAS, the Josephine County Charter provides that the County has all the powers necessary for the conduct of its affairs, consistent with the Constitutions and laws of the United States and the State of Oregon; and WHEREAS, Josephine County owns and manages over twenty thousand acres of timber producing property for the benefit of the public; and WHEREAS, the passage of an ordinance involves the highest level of public involvement during the establishment of policy; and WHEREAS, the Board of Josephine County Commissioners administers all county property, and in that capacity seeks to employ optimal management practices; now, therefore, The Board of County Commissioners of Josephine County ordains as follows: SECTION TITLE This ordinance shall be known as the Josephine County Forest Practices Ordinance. SECTION PURPOSE AND INTENT The purpose of this Ordinance is to provide the maximum return to the citizens of Josephine County from forested lands and holdings. SECTION DEFINITIONS The following are definitions for the purpose of this ordinance and for the purpose of any agreement entered into pursuant hereto and for any actions taken as authorized pursuant to this ordinance and otherwise: A. The " Department" means the Josephine County Forestry Department, or whichever entity within the County government is charged with managing forestlands. B. " Designated Representative" shall be the Josephine County Forestry Department Director unless otherwise ordered by the Board of County Commissioners. C. " Forestland" means any County owned woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slash or Page 1 of 5

2 vegetation to constitute, in the judgment of the Department, a forest, regardless of how the land is zoned or assessed. The Board of County Commissioners may designate forestlands by Board Order. D. " Maximum Return" means the maximum amount of revenue through the sale of forest products and the ground' s maximum amount of growth capability. E. " Multiple Use" means properties that do not serve the primary purpose of Sustained Yield timber production. Multiple Use involves a combination of resource uses that include, but are not limited to: recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values. F. " Public Involvement" means the opportunity for participation by affected citizens in decision making and planning with respect to public lands, including public meetings, readings or hearings which collect public comments. G. " Sustained Yield" means the continuing supply of merchantable timber through scheduled harvests to insure replacement by regrowth or reproduction. This is the timber yield that can be extracted without reducing the capital base, i.e. the surplus required to maintain timber volumes at a steady and profitable level in perpetuity. Sustained yield is calculated based upon the entire portfolio of County forestlands rather than upon individual tracks or stands. SECTION 3.00 AUTHORITY As Josephine County' s governing body, the Board of Commissioners retains exclusive authority to administer all county-owned property. SECTION 4.00 FOREST PRACTICES Forestlands shall be managed pursuant to a ten year average Sustained Yield formula and based upon a regularly maintained and annually adjusted inventory Forestlands shall be maintained for the single purpose of generating public funds through the harvesting of timber. Except as otherwise provided in Section 4.08 of this Ordinance, forestlands shall not be considered Multiple Use properties Forestlands shall be cultivated and managed to vigorously produce in perpetuity the greatest volume of softwood industrial timber the ground can support using best practices. The Department shall take periodic inventory of its timber holdings and shall base its Sustained Yield target upon the most recent inventory available The objectives of the Department include: A. Employ industry best practices when managing all assets. Page 2 of 5

3 B. Maximize the resiliency of county- owned forests against insects, disease, wildfire, and other threats. C. Maintain and market inventory on a Sustained Yield basis. D. Reforest at a rate that ensures a steady, perpetual supply of harvestable timber. E. Maximize the production value of forestlands by selling low-yield properties and acquiring high-yield properties as determined by the Department. F. Facilitate efficient management by consolidating forestlands whenever possible, while keeping the portfolio regionally distributed to hedge against fire and disease. G. Remain in compliance with the Oregon Forest Practices Act The Department shall retain and maintain reciprocal rights of way with neighboring properties to facilitate the management of forestlands All timber sale contracts shall be approved by the Board of County Commissioners or the Designated Representative. Notwithstanding Josephine County' s Administrative Policies and Procedures, the Designated Representative may amend timber sale contracts unless otherwise ordered by the Board of County Commissioners The Department shall maintain adequate road infrastructure to provide long-term management, access to wildfires and to curb environmental degradation Where economically feasible, the Department shall facilitate the development of mineral and aggregate resources on forestlands for the purpose of maximizing public revenue The following forestland is considered Multiple Use: A. Stringer Gap located at Township 37 South, Range 6 West, Portions of Sections 2 and Unless waived by the Department, costs incurred to manage Multiple Use properties shall be recovered based on user fees or lease agreements. Expenses unrelated to managing timber shall not be assessed against the revenues of the Department Multiple Use properties shall first be considered for liquidation from the County inventory, with revenues directed back to the Department for the purchase of forestlands in conformance with this Ordinance; second, Multiple Use properties shall be considered for re- designation to other public uses Harvest levels may exceed Sustained Yield levels in the event of emergency or catastrophe. Such events include but are not limited to wildfire, disease or other mass mortality. Page 3 of 5

4 4. 12 Notwithstanding Josephine County' s Administrative Policies and Procedures, the Designated Representative shall have signing authority for all contracts involving the mitigation of competing or invasive species Unless otherwise ordered by the Board of County Commissioners, the Designated Representative is empowered to acquire forestlands on behalf of the County The Board of County Commissioners shall approve areas for harvest based upon the recommendation of the Department The Board of County Commissioners shall regularly review and approve the Sustained Yield level as recommended by the Department. SECTION REPEAL Ordinance 85-6 and Ordinance 85-6E are repealed in their entirety. SECTION SEVERABILITY In the event that any part of this ordinance shall be held by a court to be invalid or unenforceable, the remaining sections shall be unaffected and shall remain in full force and effect. Subtitles used for sections, subsections, and other parts of this Ordinance are for convenience of reference only and do not constitute a part of this Ordinance nor an expression of legislative intent. SECTION EFFECTIVE DATE First reading by the Board of County Commissioners this 6th day of June, Second reading and adoption by the Board of County Commissioners at least thirteen I I 4 Page 4 of 5

5 13) days from the first reading this 9910day ofcri,nu, This ordinance shall take effect 90 days following its passage. JOSEPHINE COUNTY BOARD OF COMMISSIONERS Daniel E. DeYoung, hair a wily N. lin, Vice Chai ng. Hare, omissrri Toner ATTEST: RecordinzNecretary APPPOVED AS TO F RM: Wally Hicks, Legal Counsel Page 5 of 5