reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51115.1.

51115.1. (a) The zoning of a parcel pursuant to this chapter shall give rise to a presumption that timber operations, as defined in Section 4527 of the Public Resources Code, may reasonably be expected to and will occur on that parcel.
(b) The Legislature hereby declares that the enactment of this section is intended to make clear that the zoning of a parcel pursuant to this chapter is an indication that timber operations are expected to occur on that parcel at a future date. The Legislature further declares that this section is not intended and shall not be construed as altering any substantive or procedural requirement of Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code, or of any rule or regulation adopted pursuant thereto.
(Added by Stats. 1982, Ch. 1418, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51115.2.

51115.2. (a) Changes or additions to any nonconforming use shall be limited to ordinary maintenance and repair, except that no change or addition which enlarges or tends to make more permanent any nonconforming use shall be permitted.
(b) If any nonconforming use ceases for a period of one year or more, use subsequent to the cessation shall comply with this chapter.
(Added by Stats. 1982, Ch. 1489, Sec. 10.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51115.5.

51115.5. (a) Notwithstanding any other provision of law, timber operations conducted within a timber production zone pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Division 4 of the Public Resources Code) shall not constitute a nuisance, private or public.
(b) This section is not applicable with respect to any timber operation which (1) endangers public health or public safety or (2) prohibits the free passage or use of any navigable lake, river, bay, stream, canal, or basin, or any public park, street, or highway.
(c) For purposes of this section, the term “timber operation” means the cutting, removal, or both, of timber or other wood forest products, including Christmas trees, from timberlands for commercial purposes, together with all the work incidental thereto, including, but not limited to, construction and maintenance of roads, fuel breaks, fire breaks, stream crossings, landings, skid trails, beds for falling trees, fire hazard abatement, and preparation, transportation, and delivery of timber and other wood products to market.
(Added by Stats. 1982, Ch. 1489, Sec. 11.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51116.

51116. The county or city may bring any action in court necessary to prohibit a use not permitted with respect to land zoned as timberland production, including, but not limited to, an action to enforce the zoning restrictions by specific performance or injunction.
(Amended by Stats. 1982, Ch. 1489, Sec. 12.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51117.

51117. When land is zoned as timberland production or subsequently rezoned from a timberland production zone and after exhaustion of appeals, a notice of timberland production zone status, together with a map and assessor’s parcel numbers describing such land, shall be filed for record by the city or county in the recorder’s office. The notice and map shall become a part of the official records of the county recorder upon its acceptance by him for filing. The filing for record of a notice of timberland production, together with a map and assessor’s parcel numbers describing the land, shall impart constructive notice thereof.
(Amended by Stats. 1982, Ch. 1489, Sec. 13.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51118.

51118. Land zoned as timberland production under this chapter shall be enforceably restricted within the meaning of Section 3(j) of Article XIII of the Constitution and the restriction shall be enforced and administered by the city or county in a manner to accomplish the purposes of that section and this chapter.
(Amended by Stats. 1982, Ch. 1489, Sec. 14.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51119.

51119. Any action of the board or council undertaken to zone a parcel as timberland production pursuant to Section 51112 or 51113 is exempt from the requirements of Section 21151 of the Public Resources Code.
(Amended by Stats. 1982, Ch. 1489, Sec. 15.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 2 - Timberland Production Zones › Section 51119.5.

51119.5. Parcels zoned as timberland production under this chapter may not be divided into parcels containing less than 160 acres unless the original owner prepares a joint timber management plan prepared or approved as to content by a registered professional forester for the parcels to be created. The joint timber management plan shall provide for the management and harvesting of timber by the original and any subsequent owners, and shall be recorded with the county recorder as a deed restriction on all newly created parcels. The deed restriction shall run with the land rather than with the owners, and shall remain in force for a period of not less than 10 years from the date division is approved by the board or council. The division shall be approved only by a four-fifths vote of the full board or council, and only after recording of the deed restriction.
(Amended by Stats. 1982, Ch. 1489, Sec. 16.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 3 - Rezoning › Section 51120.

51120. (a) If the owner desires in any year to rezone a parcel from its current timberland production zone, the owner shall give written notice, naming the new zone desired, and shall follow procedures established pursuant to Sections 65854 to 65857, inclusive. Unless the written notice is given at least 90 days prior to the anniversary date of initial zoning, the zoning term shall be deemed extended.
(b) Within 120 days of receipt of the written notice of an owner’s desire to rezone a parcel, the board or council, after a public hearing, shall rule on the request for rezoning.
(c) The board or council by a majority vote of the full body may remove the parcel from the timberland production zone and shall specify a new zone for the parcel.
(d) The new zone approved pursuant to subdivision (c) shall become effective 10 years from the date of approval. Upon rezoning the parcel shall be valued pursuant to Section 426 of the Revenue and Taxation Code, in the same manner as if a restriction were terminated as provided for in Section 51091 or 51245.
(e) If the board or council denies the owner’s request for change of zone pursuant to subdivision (b), the owner may petition for a rehearing.
(Amended by Stats. 1982, Ch. 1489, Sec. 17.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 3 - Rezoning › Section 51121.

51121. (a) If the board or council after public hearing and by a majority vote of the full body desires in any year not to extend the term of zoning, the county or city shall give written notice of its intent to rezone following procedures established pursuant to subdivision (b) of Section 51113. A proposed new zone shall be specified. Unless the written notice is given at least 90 days prior to the anniversary date of the initial zoning, the zoning term shall be deemed extended.
(b) Upon receipt by the owner of a notice of intent to rezone from the county or city, the owner may make written protest of the notice and may appeal to the board or council within 30 days of notice from the county or city. The board or council may at any time prior to the anniversary date withdraw the notice of intent to rezone.
(c) The board or council shall hold a public hearing on the proposed change and by a majority vote of the full body may reaffirm its intent to change the zoning and specify a new zone.
(d) A new zone of a parcel shall be effective 10 years from the date of the reaffirmation vote pursuant to subdivision (c). Upon rezoning the parcel shall be valued pursuant to Section 426 of the Revenue and Taxation Code.
(e) The owner may petition to be reheard.
(Amended by Stats. 1977, Ch. 853.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 4 - Immediate Rezoning › Section 51130.

51130. The purpose of this article is to provide relief from zoning as timberland production pursuant to this chapter only when the continued use of land in the timberland production zone is neither necessary nor desirable to accomplish the purposes of Section 3(j) of Article XIII of the Constitution and of this chapter.
(Amended by Stats. 1982, Ch. 1489, Sec. 18.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 4 - Immediate Rezoning › Section 51131.

51131. A timberland production zone may not be immediately rezoned except pursuant to a request by a landowner, and as provided in this article.
(Amended by Stats. 1982, Ch. 1489, Sec. 19.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 4 - Immediate Rezoning › Section 51133.

51133. (a) If application for conversion is required pursuant to Section 4621 of the Public Resources Code, the board or council may tentatively approve the immediate rezoning after notice and hearing and only if by a four-fifths vote of the full body, and all of the following occur:
(1) A public hearing is held with notice of the hearing being given to all owners of lands situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed.
(2) The board or council makes written findings that immediate rezoning is not inconsistent with the purposes of subdivision (j) of Section 3 of Article XIII of the California Constitution and of this chapter.
(3) The board or council makes written findings that immediate rezoning is in the public interest.
(b) The board or council shall forward its tentative approval to the State Board of Forestry and Fire Protection, together with the application for immediate rezoning, a summary of the public hearing and any other information required by the State Board of Forestry and Fire Protection. The State Board of Forestry and Fire Protection shall consider the tentative approval pursuant to Section 4621.2 of the Public Resources Code. Final approval to an immediate rezoning is given only if the State Board of Forestry and Fire Protection has approved conversion pursuant to Section 4621.2 of the Public Resources Code. Upon final approval of conversion, the State Board of Forestry and Fire Protection shall notify the board or council of the approval, and the board or council shall remove the parcel from the timberland production zone and shall specify a new zone for the parcel.
(Amended by Stats. 1998, Ch. 972, Sec. 6. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 4 - Immediate Rezoning › Section 51134.

51134. (a) If an application for conversion is not required pursuant to Section 4621 of the Public Resources Code, the board or council may approve the immediate rezoning request only if by a four-fifths vote of the full board or council it makes written findings that all of the following exist:
(1) The immediate rezoning would be in the public interest.
(2) The immediate rezoning does not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open-space use of other land zoned as timberland production and situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed.
(3) The soils, slopes, and watershed conditions will be suitable for the uses proposed by the applicant if the immediate rezoning is approved.
(4) The immediate rezoning is not inconsistent with the purposes of subdivision (j) of Section 3 of Article XIII of the Constitution and of this chapter.
(b) The existence of an opportunity for an alternative use of the land shall not alone be sufficient reason for granting a request for immediate rezoning pursuant to this section. Immediate rezoning shall be considered only if there is no proximate and suitable land which is not zoned as timberland production for the alternate use not permitted within a timberland production zone.
(c) The uneconomic character of the existing use shall not be sufficient reason for the approval of immediate rezoning pursuant to this section. The uneconomic character of the existing use may be considered only if there is no other reasonable or comparable timber-growing use to which the land may be put.
(d) Immediate rezoning action shall comply with all the applicable provisions of state law and local ordinances.
(e) The county or city may require the payment of a fee by the landowner for the cost of processing the application and recording the necessary documentation.
(Amended by Stats. 1982, Ch. 1489, Sec. 21.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 5 - Removal from Zone › Section 51140.

51140. Upon rezoning, the board or council shall certify the rezoning indicating the new zone and its effective date.
(Added by Stats. 1976, Ch. 176.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 5 - Removal from Zone › Section 51141.

51141. A copy of the certification of rezoning together with the map and assessor’s parcel numbers for the rezoned land shall be recorded by the city or county in the recorder’s office in the same manner as deeds are recorded, and commencing on the lien date next following the effective date of the new zone, such land shall be assessed on the same basis as real property is assessed generally in that county. The assessor may require a description of the portion of the property rezoned as provided in Section 456 of the Revenue and Taxation Code.
(Added by Stats. 1976, Ch. 176.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 5 - Removal from Zone › Section 51142.

51142. (a) Upon immediate rezoning of a parcel in a timberland production zone, a tax recoupment fee shall be imposed on the owner of the land. Within 90 days following rezoning of land in the timberland production zone the county assessor shall reassess the rezoned parcels on the basis of the value of the property in its rezoned use. The assessor shall certify this value to the owner of the land and to the county auditor. The owner may appeal this new valuation in the same manner as an assessment appeal. The application for an appeal shall be filed with the clerk no later than 60 days after the date of the mailing of the notice certifying the new valuation. Except when under an appeal, after the certification the auditor shall, in cases of immediate rezoning, within 10 days compute the tax recoupment fee and certify the amount to the tax collector. The tax collector shall notify the owner in writing of the amount and due date of the fee. Fees shall be due 60 days after mailing of notification.
(b) The tax recoupment fee shall apply only in cases of immediate rezoning and shall be a multiple of the difference between the amount of the tax last levied against the property when zoned as timberland production and the amount equal to the assessed valuation of the rezoned property times the tax rate of the current levy for the tax rate area, that multiple to be chosen from the following table according to subdivision (c):
Year
Multiple
1  ........................
1.06000
2  ........................
2.18360
3  ........................
3.37462
4  ........................
4.63709
5  ........................
5.97332
6  ........................
7.39384
7  ........................
8.89747
8  ........................
10.49132
9  ........................
12.18080
10  ........................
13.97164
(c) The multiple shall correspond to the number of years or fraction thereof, but in no event greater than 10, for which the land was zoned as timberland production or was subject to a contract under Chapter 7 (commencing with Section 51200).
(d) Tax recoupment fees imposed pursuant to this section shall be due and payable to the county in which the rezoning has taken place.
(e) In cases of immediate rezoning, an owner may submit a written application, requesting the waiver of tax recoupment fees and explaining the reasons therefor, to either the State Board of Equalization or, where the county board of supervisors has adopted an authorizing resolution, to the county board of supervisors. The board receiving an application pursuant to this subdivision may, if it determines that it is in the public interest, waive all or any portion of the fees.
(Amended by Stats. 2001, Ch. 407, Sec. 1. Effective January 1, 2002.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 5 - Removal from Zone › Section 51146.

51146. A fee imposed under this article shall be indicated on the assessment roll and when so indicated shall become a lien against the parcel of land in the same manner as county general taxes.
(Added by Stats. 1976, Ch. 176.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51150.

51150. It is the policy of the state to avoid, whenever practicable, the location of any state or local public improvements and any improvements of public utilities, and the acquisition of land therefor, in timberland production zones.
(Amended by Stats. 1982, Ch. 1489, Sec. 23.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51151.

51151. (a) As used in this section, Section 51152, and Section 51155, “public agency” means the state, or any department or agency thereof, and any county, city, school district, or other local public district, agency, or entity; and “person” means any person authorized to acquire property by eminent domain.
(b) Whenever it appears that land within a timberland production zone (TPZ) may be required by a public agency or person for a public use, the public agency or person shall advise the Secretary of Resources and the local governing body responsible for the administration of the land of the intention to consider the location of a public improvement within the TPZ.
Within 30 days thereafter the Secretary of Resources and the local governing body shall forward to the public agency or person concerned their comments with respect to the effect of the location of the public improvement on the land within the TPZ and those comments shall be considered by the public agency or person. Failure of any public agency or person to comply with the requirements of this section shall invalidate any action by the agency or person to locate a public improvement within a TPZ. This subdivision does not apply to the erection, construction, alteration or maintenance of gas, electric, water, or communication transmission facilities within a TPZ if that TPZ was established after submission of the location of the facilities to the city or county for review or approval.
(Amended by Stats. 1982, Ch. 1489, Sec. 24.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51152.

51152. (a) No public agency or person shall locate a public improvement within a timberland production zone (TPZ) based primarily on a consideration of the lower cost of acquiring a land in a TPZ.
(b) No public agency or person shall acquire timberland zoned as timberland production pursuant to this chapter for any public improvement if there is other land within or outside the TPZ on which it is reasonably feasible to locate the public improvement.
(Amended by Stats. 1982, Ch. 1489, Sec. 25.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51153.

51153. Section 51152 shall not apply to:
(a) The location or construction of improvements where the board or council administering the TPZ approves or agrees to the location thereof.
(b) The acquisition of easements within a TPZ by the board or council administering the TPZ.
(c) The location or construction of any public utility improvement which has been approved by the Public Utilities Commission.
(d) Public works required for fish and wildlife enhancement and preservation.
(e) Improvements for which the site or route has been specified by the Legislature in such a manner as to make it impossible to avoid the acquisition of land under contract.
(f) All state highways on routes as described in Sections 301 to 622, inclusive, of the Streets and Highways Code, as those sections read on October 1, 1965.
(g) All facilities which are part of the State Water Facilities as described in subdivision (d) of Section 12934 of the Water Code, except facilities under paragraph (6) of said subdivision (d).
(h) Land upon which condemnation proceedings have been commenced prior to July 1, 1977.
(Added by Stats. 1977, Ch. 853.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51154.

51154. Section 51152 shall be enforceable only by mandamus proceedings by the local governing body administering the timberland production zone or the Secretary of Resources. However, as applied to condemnors whose determination of necessity is not conclusive by statute, evidence as to the compliance of the condemnor with Section 51152 shall be admissible on motion of any of the parties in any action otherwise authorized to be brought by the landowner or in any action against him.
(Amended by Stats. 1982, Ch. 1489, Sec. 26.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.7 - Timberland › ARTICLE 6 - Eminent Domain or Other Acquisition › Section 51155.

51155. When any action in eminent domain for the condemnation of the fee title of an entire parcel of land zoned as timberland production is filed or when that land is acquired in lieu of eminent domain for a public agency or person or whenever there is any such action or acquisition by the federal government or any person, instrumentality or agency acting under authority or power of the federal government, the parcel shall be deemed immediately rezoned (pursuant to Section 51130) as to the land actually being condemned or so acquired as of the date the action is filed and for the purposes of establishing the value of the land, the timberland production zone (TPZ) shall be deemed never to have existed.
Upon the termination of such a proceeding, the parcel shall be immediately rezoned for all land actually taken or acquired.
When an action to condemn or acquire less than all of a parcel of land subject to a TPZ is commenced, the parcel shall be deemed immediately rezoned as to the land actually condemned or acquired and shall be disregarded in the valuation process only as to the land actually being taken, unless the remaining land subject to the TPZ will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to the TPZ.
When an action to condemn or acquire an interest which is less than the fee title of an entire parcel or any portion thereof, of land subject to a TPZ is commenced, the parcel shall be deemed immediately rezoned as to that interest and for the purpose of establishing the value of that interest only shall be deemed never to have existed, unless the remaining interests in any of the land subject to the TPZ will be adversely affected, in which case the value of that damage shall be computed without regard to the TPZ.
The land actually taken shall be removed from the TPZ. Under no circumstances shall land be removed that is not actually taken, except that when only a portion of the land or less than a fee interest in the land is taken or acquired, the parcel may be immediately rezoned with respect to the remaining portion or interest upon petition of either party, and pursuant to the provisions of Article 4 (commencing with Section 51130).
For the purposes of this section, a finding by the board or council that no authorized use may be made of the land if the TPZ is continued on the remaining portion or interest in the land may satisfy the requirements of subdivisions (a), (b), and (c) of Section 51134, and subdivisions (a), (b), and (c) of Section 4621.2 of the Public Resources Code.
(Amended by Stats. 1983, Ch. 1281, Sec. 5. Effective September 30, 1983.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51175.

51175. The Legislature hereby finds and declares as follows:
(a) Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventive measures are therefore needed to ensure the preservation of the public peace, health, or safety.
(b) The prevention of wildland fires is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead, a matter of statewide concern. It is the intent of the Legislature that this chapter apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. This subdivision shall not limit the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law.
(c) It is not the intent of the Legislature in enacting this chapter to limit or restrict the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law.
(Amended by Stats. 2008, Ch. 366, Sec. 1. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51176.

51176. The purpose of this chapter is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken.
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51177.

51177. As used in this chapter:
(a) “Defensible space” means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.
(b) “Director” means the Director of Forestry and Fire Protection.
(c) “Fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation.
(d) “Fuel management” means the act or practice of controlling flammability and reducing resistance to control of fuels through mechanical, chemical, biological, or manual means or by fire, in support of land management objectives.
(e) “Local agency” means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone.
(f) “Single specimen tree” means any live tree that stands alone in the landscape so as to be clear of buildings, structures, combustible vegetation, or other trees, and that does not form a means of rapidly transmitting fire from the vegetation to an occupied dwelling or structure or from an occupied dwelling or structure to vegetation.
(g) “State responsibility areas” means those areas identified pursuant to Section 4102 of the Public Resources Code.
(h) “Vegetation” means all plants, including trees, shrubs, grass, and perennial or annual plants.
(i) “Very high fire hazard severity zone” means an area designated as a very high fire hazard severity zone by the State Fire Marshal pursuant to Section 51178 that is not a state responsibility area.
(j) “Wildfire” means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire.
(Amended by Stats. 2021, Ch. 382, Sec. 1.5. (SB 63) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51178.

51178. The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51178.5.

51178.5. Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps.
(Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51179.

51179. (a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.
(b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.
(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively.
(3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.
(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption.
(d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal.
(e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.
(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.
(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map.
(Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51180.

51180. For the purposes of Division 3.6 (commencing with Section 810) of Title 1, vegetation removal or management, undertaken in whole or in part, for fire prevention or suppression purposes shall not be deemed to alter the natural condition of public property. This section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this chapter.
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51181.

51181. The State Fire Marshal shall periodically review the areas in the state identified as very high fire hazard severity zones pursuant to this chapter, and as necessary, shall make recommendations relative to very high fire hazard severity zones. This review shall coincide with the review of state responsibility area lands every five years and, when possible, fall within the time frames for each county’s general plan update. Any revision of areas included in a very high fire hazard severity zone shall be made in accordance with Sections 51178 and 51179.
(Amended by Stats. 2021, Ch. 225, Sec. 7. (AB 9) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51183.

51183. (a) The local agency may exempt from the standards set forth in Section 51182 structures with exteriors constructed entirely of nonflammable materials, or conditioned upon the contents and composition of the structure, and may vary the requirements respecting the management of fuels surrounding the structures in those cases. This subdivision does not authorize a local agency to vary a requirement that is a building standard subject to Section 18930 of the Health and Safety Code, except as otherwise authorized by law.
(b) An exemption or variance under subdivision (a) shall not apply unless and until the occupant of the structure, or if there is no occupant, then the owner of the structure, files with the local agency a written consent to the inspection of the interior and contents of the structure to ascertain whether Section 51182 is complied with at all times.
(Amended by Stats. 2008, Ch. 366, Sec. 5. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51183.5.

51183.5. (a) A transferor of real property that is located within a very high fire hazard severity zone, designated pursuant to this chapter, shall disclose to any prospective transferee the fact that the property is located within a very high fire hazard severity zone, and is subject to the requirements of Section 51182.
(b) Disclosure is required pursuant to this section only when one of the following conditions is met:
(1) The transferor, or the transferor’s agent, has actual knowledge that the property is within a very high fire hazard severity zone.
(2) A map that includes the property has been provided to the local agency pursuant to Section 51178, and a notice is posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the local agency.
(c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means:
(1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code.
(2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code.
(d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a very high fire hazard zone, the transferor shall mark “Yes” on the Natural Hazard Disclosure Statement. The transferor may mark “No” on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision.
(e) Section 1103.13 of the Civil Code shall apply to this section.
(f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.
(Amended by Stats. 1999, Ch. 876, Sec. 7. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51184.

51184. (a) Section 51182 shall not apply to any land or water area acquired or managed for one or more of the following purposes or uses:
(1) Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government.
(2) Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.
(3) Open space lands that are environmentally sensitive parklands.
(4) Other lands having scenic values, as declared by the local agency, or by state or federal law.
(b) This exemption applies whether the land or water area is held in fee title or any lesser interest. This exemption applies to any public agency, any private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that dedication.
(c) This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation.
(d) In the event that any lands adjacent to any land or water area described in subdivision (a) are improved such that they are subject to Section 51182, the obligation to comply with Section 51182 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance activities and other fire prevention measures required by Section 51182 shall be required only for the improved lands, not the land and water areas described in subdivision (a).
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51185.

51185. (a) A violation of Section 51182 is an infraction punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(b) If a person is convicted of a second violation of Section 51182 within five years, that person shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(c) If a person is convicted of a third violation of Section 51182 within five years, that person is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500).
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51186.

51186. (a) The local agency having jurisdiction of property upon which conditions regulated by Section 51182 are being violated shall notify the owner of the property to correct the conditions. If the owner fails to correct the conditions, the local agency may cause the corrections to be made, and the expenses incurred shall become a lien on the property that is the subject of the corrections when recorded in the county recorder’s office in the county in which the real property is located. The priority of the lien shall be as of the date of recording. The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record as shown on the latest equalized assessment roll.
(b) (1) Each local agency having jurisdiction of property upon which conditions that are regulated by Section 51182 apply shall make reasonable efforts to provide notice to affected residents within the jurisdiction of the local agency describing the requirements added by the amendments to paragraph (1) of subdivision (a) of Section 51182 made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements.
(2) (A) The requirement for an ember-resistant zone pursuant to Section 51182 shall not take effect for new structures until the State Board of Forestry and Fire Protection updates the regulations, pursuant to paragraph (1) of subdivision (a) of Section 51182, and the guidance document, pursuant to paragraph (2) of subdivision (c) of Section 51182.
(B) The requirements for an ember-resistant zone pursuant to Section 51182 shall take effect for existing structures one year after the effective date for the new structures.
(Amended by Stats. 2020, Ch. 259, Sec. 3. (AB 3074) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51187.

51187. Any violation of Section 51182 may be considered a public nuisance pursuant to Section 38773.
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 1 - CITIES AND COUNTIES › PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES › CHAPTER 6.8 - Moderate, High, and Very High Fire Hazard Severity Zones › Section 51188.

51188. In the instance of conflict between this chapter and any provision of state law that allows a regional planning agency to regulate very high fire hazard severity zones, this chapter shall prevail.
(Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)