(1) As used in this section: (a) Department reporting system, pesticide and water use qualifying for a spray buffer have the meanings given those terms in ORS 527.786. (b) Flowing water means surface water is present at the time of a pesticide application. (c) Inhabited dwelling means a structure or part of a structure used as a home, residence or sleeping place by a person maintaining a household or by two or more persons maintaining a common household, but does not include outbuildings, yard areas or other land associated with the structure. (d) School means the campus of: (A) A Head Start program; (B) A public or private institution offering instruction for all or part of prekindergarten through grade 12; (C) The Oregon School for the Deaf; (D) A regional residential academy operated by the Oregon Youth Authority; (E) An education service district or community college; or (F) A public or private college or university. (e) Sixth-level hydrologic unit means the cataloging unit level of the 12-digit hydrologic unit mapping system developed by the Federal Geographic Data Committee. (f) Type D stream means a stream that has domestic use, but does not have fish use. (g) Type F stream means a stream that has fish use or has both domestic use and fish use. (h) Type N stream means a stream that does not have domestic use or fish use. (2) Notwithstanding ORS 527.672, a person may not directly apply pesticide by helicopter to forestland: (a) Less than 300 feet from an inhabited dwelling, unless the landowner is the requester of the application; (b) Less than 300 feet from a school, unless the school board or other governing body for the school is the requester of the application; or (c) Subject to subsection (4) of this section, less than 300 feet from a water intake for a water use qualifying for a spray buffer: (A) Within the same sixth-level hydrologic unit as a water source for water use qualifying for a spray buffer that is registered under ORS 527.787; or (B) Within the same sixth-level hydrologic unit as a water source for water use qualifying for a spray buffer that is identified by the State Forestry Department and for which the location has been recorded in the department reporting system. (3) On forestland that is subject to ORS 527.610 to 527.770, a person may not directly apply pesticide by helicopter near a stream: (a) That is identified by the department as a Type D stream or Type F stream, within the greatest of: (A) 75 feet; (B) The required vegetated buffer; or (C) A riparian management area existing in State Board of Forestry rules on the July 7, 2020, within which vegetation retention and special management practices are required; or (b) That is identified by the department as a Type N stream and has flowing water, within 50 feet. (4) The restrictions in subsection (2)(c) of this section are contingent upon the water intake location being recorded in the department reporting system.
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