Oregon Code § 315.128·Enacted ·Last updated March 01, 2026
Statute Text
Calculation of credit amount.
(1) The amount of the tax credit allowed under ORS 315.124 shall be the sum of:
(a) The certified
stumpage value of standing timber in that portion of the forest conservation
area that is not harvested as a result of using the standard practice harvest
restrictions in lieu of the small forest owner minimum option, using the
standard measuring techniques of professional foresters;
(b) The cost to
the small forestland owner of establishing the stumpage value, including the
cost of appraisal performed by a professional forester, and of filing and
recording a deed restriction as described in ORS 315.126 (3); and
(c) If
applicable, one-half of the certified stumpage value of retained timber in a
dry channel area adjacent to the forest conservation area.
(2) The certified
stumpage value described in subsection (1)(a) of this section shall be
multiplied by 125 percent if the small forestland owner:
(a) Is barred
from using the small forest owner minimum option by the horizontal lineal feet
limitation applicable to fifth field watersheds; or
(b)(A) Is
operating on a parcel of land that is significantly disproportionately impacted
by rules adopted under ORS 527.610 to 527.770, as determined by the State
Forester; and
(B) Has a federal
adjusted gross income, as described in ORS 316.013, of not more than 125
percent of the Oregon median household income, as averaged over the three
previous tax years.
(3) The
applicable stumpage values under this section shall be the values as of the
date of filing a notification of operation under ORS 527.670, as described in
ORS 315.126 (1)(a), and shall be calculated using one of the following methods:
(a) The
conversion return method, in which the volume of timber being retained is
determined by species and log grades, and a value is established from current
delivered log price information, less a reasonable cost for harvest and
delivery, for the area in which the retained timber would ordinarily be sold.
(b) The actual
comparison method, which may be used if the timber being retained is similar in
species and log grades to the timber being harvested, and which is calculated
using actual revenues from the timber being harvested by the small forestland
owner in the harvest area adjacent to the forest conservation area.
(c) The cash flow
modeling method, in which the value of standing timber is determined by using
the projected volume of the stand over a harvest rotation based on species and
site class, determining the value at harvest age and then discounting the value
to the present date using an interest rate equal to the direct farm ownership
loan interest rate of the Farm Service Agency of the United States Department
of Agriculture.
(4) Costs,
including the cost of an appraisal and the cost of filing and recording a deed
restriction, may be included in the credit amount only to the extent that the
amount attributable to those costs is not claimed as an income tax deduction by
the taxpayer. [2022 c.34 §4; 2023 c.300 §1]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 315.128
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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