Oregon Statewide Rule

Oregon Forest Practices Act Preempts Local Tree Rules

Few RestrictionsApplies statewide across Oregon (2026)

Key Facts

Preemption statute: ORS 527.722
Applies to: Designated forestland
State agency: Department of Forestry
Local urban trees: Cities retain authority
Maximum civil penalty: $5,000 per violation

Last verified: September 5, 2026Source: Oregon Public Law

Summary

On forestland, the Oregon Forest Practices Act (ORS Chapter 527) preempts local tree-cutting regulation. ORS 527.722 prohibits cities and counties from adopting rules governing forest practices on lands subject to the Act, leaving regulation to the State Board of Forestry.

527.722 Restrictions on local government adoption of rules regulating forest operations; exceptions. (1) Notwithstanding any provisions of ORS chapters 195, 196, 197, 197A, 215 and 227, and except as provided in subsections (2), (3) and (4) of this section, no unit of local government shall adopt any rules, regulations or ordinances or take any other actions that prohibit, limit, regulate, subject to approval or in any other way affect forest practices on forestlands located outside of an acknowledged urban growth boundary.

Source: Oregon Public LawView official code

Full Breakdown

ORS 527.722 expressly preempts local government regulation of accepted forest practices on forestland, defined under ORS 527.620 as land used for the growing and harvesting of forest tree species. The Oregon Department of Forestry administers harvest notifications, reforestation requirements, riparian protections, and road standards uniformly statewide. Cities and counties retain authority over urban tree removal on non-forestland (residential lots, parks, street trees) and may require permits for heritage or significant trees. The boundary between preempted forest practices and local urban tree rules depends on whether the parcel meets the statutory definition of forestland and whether the activity qualifies as a forest practice.

Violations & Penalties

Local ordinances regulating commercial forest operations on forestland are void under ORS 527.722. Forest Practices Act violations are enforced by the Oregon Department of Forestry under ORS 527.683 with civil penalties up to $5,000 per violation.

Frequently Asked Questions

Can my city require a permit to cut trees on my forestland?

No. Forest practices on qualifying forestland are governed exclusively by the Oregon Forest Practices Act. Local permit requirements for commercial harvest are preempted under ORS 527.722.

Does the Forest Practices Act apply to backyard trees?

Generally no. Trees on residential lots not used for commercial forestry fall outside the Act, so cities and counties may regulate removal through tree codes and permits.

Sources

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