Oregon bill would let forestry officers cite illegal burns based on investigation, not just eyewitnessing

House Bill 2,819 would permit Oregon Department of Forestry enforcement officers to issue citations for fire-protection violations even when the officer did not personally see the act if reasonable grounds exist based on witness statements, investigation, or other information.

The change aims to address what Derek Wheeler, legislative coordinator for the Oregon Department of Forestry, described as a “simple and straightforward” gap in enforcement: under current law a fire warden must observe the act to issue a citation, so officers who arrive after an illegal burn often cannot cite the apparent offender. "As of today, if one of our fire wardens from the Department of Forestry were to go to an illegal burn site ... we could not issue a citation because we did not see them actually light that fire," Wheeler said.

Levi Hopkins, deputy chief of policy and planning for the Protection Division at the Oregon Department of Forestry, told the committee the department’s enforcement model prioritizes education and cooperation first and enforcement second. He explained that the state forester delegates enforcement authority to district fire wardens, who in turn delegate to field officers, and that current law allows citations only for violations that occur in the presence of the enforcement officer. Hopkins said that limitation skews the agency’s data and impedes prevention work because many violations occur before a fire warden arrives. "This bill will not change the department's policy to gain compliance ... first through education and cooperation, and second through enforcement," Hopkins said, adding the proposal is consistent with existing exceptions used by agencies such as the Department of Environmental Quality, Oregon Department of Fish and Wildlife and the Oregon State Marine Board.

Wheeler and Hopkins told lawmakers the Department of Forestry protects roughly 16,200,000 acres statewide, including state forests (about 3% of Oregon forest lands), roughly 10,000,000 acres of privately managed forest (about 34% of forestlands) and other public lands. Hopkins also told the committee that humans cause about 75–77% of wildfires on Department of Forestry protected ground and that typical violations include illegal debris burning and improper campfire use. Fines for violations under ORS chapter 477 were described in testimony as ranging from approximately $115 to $440 depending on the class of violation.

Lawmakers asked several practical questions about who counts as an "enforcement officer" and whether the change might extend citation authority to local firefighters or other personnel. Hopkins said some local personnel can have citation authority if they are designated as a fire warden under ORS chapter 477 and noted the department operates a tiered system of firefighters and fire wardens. Committee members raised the possibility that the bill's language could be read broadly to include local firefighters or police officers; witnesses said the department partners with local law enforcement when appropriate and that the change is meant to remove a current "gray area" that prevents citing clear violations after-the-fact.

No formal vote occurred during the public hearing. The committee closed the public hearing on House Bill 2,819 and proceeded to the next agenda item.

Ending: The bill’s sponsors and Department of Forestry officials said the change is intended to improve enforcement data and prevention by allowing citations when investigations and witness statements establish probable cause; committee members requested clarifying language and further detail about which local personnel would qualify as enforcement officers under the amended statute.