reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 7 - Burning of Lands › ARTICLE 4.3 - Burning with Cooperators › Section 4497.

4497. The director may enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization to conduct joint prescribed burning operations that serve the public interest and are beneficial to the state. The agreement shall establish guidelines for the cooperative management of joint prescribed burning operations and shall require the completion of a project agreement for each prescribed burn, which shall include all of the following:
(a) A list of all participants.
(b) A joint prescribed burn plan.
(c) A display of the project costs to be assumed by each participant.
(d) A summary of the benefits to be received by each participant.
(Added by Stats. 2018, Ch. 638, Sec. 2. (AB 2551) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 7 - Burning of Lands › ARTICLE 4.3 - Burning with Cooperators › Section 4497.2.

4497.2. To be considered for the public interest and beneficial to the state, each prescribed burn, pursuant to Section 4497, shall be for any of the following purposes or any combination of the following purposes:
(a) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.
(b) Watershed management.
(c) Range improvement.
(d) Vegetation management.
(e) Forest improvement.
(f) Wildlife habitat improvement.
(g) Air quality maintenance.
(Added by Stats. 2018, Ch. 638, Sec. 2. (AB 2551) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4511.

4511. This chapter shall be known as the Z'berg-Nejedly Forest Practice Act of 1973.
(Added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4512.

4512. (a) The Legislature hereby finds and declares that the forest resources and timberlands of the state are among the most valuable of the natural resources of the state and that there is great concern throughout the state relating to their utilization, restoration, and protection.
(b) The Legislature further finds and declares that the forest resources and timberlands of the state furnish high-quality timber, recreational opportunities, and aesthetic enjoyment while providing watershed protection and maintaining fisheries and wildlife.
(c) The Legislature thus declares that it is the policy of this state to encourage prudent and responsible forest resource management calculated to serve the public’s need for timber and other forest products, while giving consideration to the public’s need for watershed protection, fisheries and wildlife, sequestration of carbon dioxide, and recreational opportunities alike in this and future generations.
(d) It is not the intent of the Legislature by the enactment of this chapter to take private property for public use without payment of just compensation in violation of the California and United States Constitutions.
(Amended by Stats. 2010, Ch. 534, Sec. 1. (AB 1504) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4512.5.

4512.5. The Legislature finds and declares all of the following:
(a) State forests play a critical and unique role in the state’s carbon balance by sequestering carbon dioxide from the atmosphere and storing it long term as carbon.
(b) According to the scoping plan adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), the state’s forests currently are an annual net sequester of five million metric tons of carbon dioxide (5MMTCO2). In fact, the forest sector is the only sector included in the scoping plan that provides a net sequestration of greenhouse gas emissions.
(c) The scoping plan proposes to maintain the current 5MMTCO2 annual sequestration rate through 2020 by implementing “sustainable management practices,” which include potential changes to existing forest practices and land use regulations.
(d) There is increasing evidence that climate change has and will continue to stress forest ecosystems, which underscores the importance of proactively managing forests so that they can adapt to these stressors and remain a net sequester of carbon dioxide.
(e) The board, the department, and the State Air Resources Board should strive to go beyond the status quo sequestration rate and ensure that their policies and regulations reflect the unique role forests play in combating climate change.
(Amended by Stats. 2011, Ch. 296, Sec. 256. (AB 1023) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4513.

4513. It is the intent of the Legislature to create and maintain an effective and comprehensive system of regulation and use of all timberlands so as to ensure both of the following:
(a) Where feasible, the productivity of timberlands is restored, enhanced, and maintained.
(b) The goal of maximum sustained production of high-quality timber products is achieved while giving consideration to values relating to sequestration of carbon dioxide, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment, and aesthetic enjoyment.
(Amended by Stats. 2010, Ch. 534, Sec. 3. (AB 1504) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4514.

4514. This chapter or a ruling, requirement, or policy of the board is not a limitation on the following:
(a) On the power of a city or county or city and county to declare, prohibit, and abate nuisances.
(b) On the power of the Attorney General, at the request of the board, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin pollution or nuisance.
(c) On the power of a state agency in the enforcement or administration of the law that it is specifically authorized or required to enforce or administer.
(d) On the right of a person to maintain at any time an appropriate action for relief against a private nuisance as defined in Part 3 (commencing with Section 3479) of Division 4 of the Civil Code or for any other private relief.
(Amended by Stats. 2011, Ch. 584, Sec. 1. (AB 1414) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4514.3.

4514.3. (a) Timber operations conducted pursuant to this chapter are exempt from the waste discharge requirements of Article 4 (commencing with Section 13260) of Chapter 4 of Division 7 of the Water Code as long as both the federal Environmental Protection Agency and the State Water Resources Control Board certify after January 1, 2003, that the provisions of this chapter constitute best management practices for silviculture pursuant to Section 208 of the Federal Water Pollution Control Act.
(b) The exemption contained in subdivision (a) does not apply when any of the following occurs:
(1) The board requests issuance of waste discharge requirements.
(2) There has been a finding by the State Water Resources Control Board that the board has failed to maintain a water quality regulatory process consistent with the certification required under subdivision (a).
(3) After monitoring the water quality impacts from timber operations conducted in compliance with this chapter, there has been a finding by the State Water Resources Control Board that compliance with best management practices would result in less water quality protection than required in water quality control plans approved pursuant to Section 13245 of the Water Code.
(Amended by Stats. 2003, Ch. 900, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4514.5.

4514.5. A person may commence an action on his or her own behalf against the board or the department for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the board or the department to carry out a duty imposed upon them pursuant to this chapter.
(Amended by Stats. 2012, Ch. 162, Sec. 144. (SB 1171) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4516.

4516. Notwithstanding any provision of this chapter, the California Tahoe Regional Planning Agency shall have the right, within the reasonable exercise of its powers, to adopt rules and regulations by ordinance or resolution which are stricter than those provided under this chapter and regulations adopted pursuant to this chapter. The agency’s rules and regulations may include, but are not limited to, matters relating to soil erosion control, protection of stream character and water quality, flood control, stand density control, reforestation methods, mass soil movements, submission of timber harvesting plans, location and grade of roads and skid trails, excavation and fill requirements, slash and debris disposal, haul routes and schedules, hours and dates of logging, and performance bond requirements.
Whenever state funds are not expended for the support of the California Tahoe Regional Planning Agency, as provided in Section 67131 of the Government Code, the Tahoe Regional Planning Agency shall have the right to adopt rules and regulations pursuant to this section.
(Amended by Stats. 1982, Ch. 1561, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4516.8.

4516.8. In addition to the authority provided in Section 4516.5, the Counties of Marin, Monterey, San Mateo, Santa Clara, and Santa Cruz may recommend that the board adopt additional rules and regulations for the content of timber harvesting plans and the conduct of timber operations which provide a requirement that each timber harvesting plan contain a description of all log hauling routes, a statement of whether an encroachment permit is required by any public agency, and a requirement that no timber harvesting plan be approved by the director without the condition that the timber operator secure all required encroachment permits prior to commencement of timber operations.
(Added by Stats. 1986, Ch. 1157, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 1 - General Provisions › Section 4517.

4517. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4521.

4521. Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.
(Repealed and added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4521.3.

4521.3. “Board” means the State Board of Forestry and Fire Protection.
(Amended by Stats. 1998, Ch. 972, Sec. 18. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4523.

4523. “District” means a forest district.
(Repealed and added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4524.

4524. “License” means a license to engage in timber operations, issued pursuant to Article 6 (commencing with Section 4571) of this chapter.
(Amended by Stats. 1975, Ch. 372.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4525.

4525. “Person” includes any private individual, organization, partnership, corporation, limited liability company, city, county, district, or the state or any department or agency thereof.
(Amended by Stats. 1994, Ch. 1010, Sec. 209. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4525.3.

4525.3. “Resource conservation standards” means the minimum acceptable condition resulting from timber operations.
(Added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4525.5.

4525.5. “Rules” means the district forest practice rules adopted by the board.
(Added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4525.7.

4525.7. “Slash” means branches or limbs less than four inches in diameter, and bark and split products debris left on the ground as a result of timber operations.
(Added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4526.

4526. “Timberland” means land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the board on a district basis.
(Amended by Stats. 2011, Ch. 584, Sec. 5. (AB 1414) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4526.5.

4526.5. “Timber operator” means a person who is engaged in timber operations or who contracts with others to conduct the operations on his or her behalf, except a person who is engaged in timber operations as an employee with wages as his or her sole compensation.
(Amended by Stats. 2011, Ch. 584, Sec. 6. (AB 1414) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4527.5.

4527.5. “Timber owner” means a person who owns commercial timber, timberland, or timber rights, including Christmas tree rights, on lands of another except a federal agency.
(Amended by Stats. 2011, Ch. 584, Sec. 8. (AB 1414) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4528.

4528. As used in this chapter:
(a) “Basal area per acre” means the sum of the cross-sectional areas at breast height of the tree stems of commercial species per acre.
(b) “Countable tree” means a tree that can be used in calculating the degree of stocking under the following criteria:
(1) The tree must be in place at least two growing seasons.
(2) The tree must be live and healthy.
(3) The tree must have at least one-third of its length in live crown, except in pure stands of Douglas fir the tree must have at least one-fourth of its length in live crown.
(4) The tree must be a commercial species from a local seed source or a seed source which the registered professional forester determines will produce commercial trees physiologically suited for the area involved.
(c) “Stocking” means a measure of the degree to which space is occupied by well-distributed countable trees.
(d) “Site classification” means the classification of productive potential of timberland into one of five classes by board regulation, consistent with normally accepted forestry practices. Site I shall denote sites of highest productivity, site II and site III shall denote sites of intermediate productivity potential, and site IV and site V shall denote sites of lowest productivity potential.
(e) “Fuel break” means a strip of modified fuel to provide a line from which to work in the control of fire.
(f) “Stream” means a natural watercourse as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published.
(Amended by Stats. 1978, Ch. 1181.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4528.5.

4528.5. This chapter does not apply to a person who engages in activities regulated by this chapter, as an employee, with wages as his or her sole compensation.
(Amended by Stats. 2011, Ch. 584, Sec. 9. (AB 1414) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4529.

4529. The penalties and remedies which are prescribed in this chapter are concurrent and alternative to any other civil, criminal, or administrative rights, remedies, or penalties which are provided or allowed by law with respect to such violation.
(Repealed and added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 2 - Definitions › Section 4529.5.

4529.5. Service of documents where required under this chapter may be made by registered or certified mail addressed to the respondent’s latest address registered on file with the department. Where other forms of service are prescribed, personal service is not precluded.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 3 - Districts › Section 4531.

4531. The board shall divide the state into not less than three districts. In establishing these districts, the board shall take into account differing physical characteristics, including, but not limited to, climate, soil type, and principal forest crops. Insofar as possible, the board shall group together lands that have substantially similar characteristics and that will best be served by substantially similar regulations. Boundaries of such districts may be altered from time to time as the board determines is necessary.
(Amended by Stats. 1975, Ch. 372.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4551.

4551. (a) The board shall adopt district forest practice rules and regulations for each district in accordance with the policies set forth in Article 1 (commencing with Section 4511) of this chapter and pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code to ensure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water resources, including, but not limited to, streams, lakes, and estuaries.
(b) (1) The board shall ensure that its rules and regulations that govern the harvesting of commercial tree species, where applicable, consider the capacity of forest resources, including above ground and below ground biomass and soil, to sequester carbon dioxide emissions sufficient to meet or exceed the state’s greenhouse gas reduction requirements for the forestry sector, consistent with the scoping plan adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(2) The costs of the contracts for research studies or technical analyses initiated by the board or the department to comply with paragraph (1) shall be funded, upon appropriation by the Legislature, from fee revenues collected pursuant to Section 38597 of the Health and Safety Code.
(Amended by Stats. 2010, Ch. 534, Sec. 4. (AB 1504) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4551.3.

4551.3. (a) A sustained yield plan that is prepared and approved in accordance with rules and regulations adopted by the board pursuant to Section 4551, including Article 6.75 (commencing with Section 1091.1) of Subchapter 7 of Chapter 4 of Division 1.5 of Title 14 of the California Code of Regulations, shall be effective for a period of no more than 20 years.
(b) As part of the continuing monitoring process for an approved sustained yield plan, as described in subdivision (a), the department shall hold a public hearing on the plan if requested by an interested party who submits, in writing, a request based on substantial evidence of potential noncompliance with any of the following:
(1) The terms and conditions of the original sustained yield plan approval.
(2) The applicable rules or regulations adopted by the board that were in effect on the date the sustained yield plan was originally approved.
(3) Other requirements that have been imposed on the sustained yield plan by operation of law.
(c) The request shall identify specific issues in the sustained yield plan to be addressed at the public hearing. To be considered, a request shall be made to the department within six months after the midpoint of the effective term of a sustained yield plan described in subdivision (a). The department shall hold the public hearing within 120 days after the date of the close of the six-month request period. A sustained yield plan shall be effective for the remainder of its term unless the director makes written findings, based on a preponderance of evidence, that implementation of the sustained yield plan is not in compliance with any material provision of paragraph (1), (2), or (3) of subdivision (b).
(d) If a public hearing is required, the director shall provide at least 30 days’ notice to the sustained yield plan submitter and the public and shall provide for a record of the hearing, pursuant to regulations adopted by the board.
(Amended by Stats. 2019, Ch. 108, Sec. 1. (AB 1160) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4551.5.

4551.5. Rules and regulations shall apply to the conduct of timber operations and shall include, but shall not be limited to, measures for fire prevention and control, for soil erosion control, for site preparation that involves disturbance of soil or burning of vegetation following timber harvesting activities, for water quality and watershed control, for flood control, for stocking, for protection against timber operations that unnecessarily destroy young timber growth or timber productivity of the soil, for prevention and control of damage by forest insects, pests, and disease, for the protection of natural and scenic qualities in special treatment areas identified pursuant to subdivision (b) of Section 30417, and for the preparation of timber harvesting plans. In developing these rules, the board shall solicit and consider recommendations from the department, recommendations from the Department of Fish and Game relating to the protection of fish and wildlife, recommendations from the State Water Resources Control Board and the California regional water quality control boards relating to water quality, recommendations from the State Air Resources Board and local air pollution control districts relating to air pollution control, and recommendations of the California Coastal Commission relating to the protection of natural and scenic coastal zone resources in special treatment areas.
(Amended by Stats. 2012, Ch. 162, Sec. 146. (SB 1171) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4551.7.

4551.7. The board shall, on or before November 1, 1988, adopt regulations pertaining to site preparation that involves disturbance of soil or burning of vegetation following timber harvesting activities conducted after January 1, 1988.
(Added by Stats. 1987, Ch. 987, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4551.9.

4551.9. (a) On or before January 1, 2005, the board shall adopt regulations to require that a timber harvesting plan include a map or maps, depicting the location and boundaries of past, present, and reasonably foreseeable probable future projects, as defined in Section 21065 and Section 895.1 of Title 14 of the California Code of Regulations, on land owned or controlled by the applicant in the planning watershed. The board may not require an applicant to furnish maps of projects completed more than 10 years prior to the submission of the timber harvesting plan. Maps shall include silvicultural prescription. The scale and format of maps provided pursuant to this subdivision shall be determined by the board. This subdivision may not be construed to require disclosure of proprietary information to the public.
(b) The board shall consider the impact of the regulations on smaller landowners, and avoid excessive burdens or costs on those landowners.
(Added by Stats. 2003, Ch. 816, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4552.

4552. The rules and regulations adopted by the board shall be based upon a study of the factors that significantly affect the present and future condition of timberlands and shall be used as standards by persons preparing timber harvesting plans. In those instances in which the board intends the director to exercise professional judgment in applying any rule, regulation, or provision of this chapter, the board shall include in its rules standards to guide the actions of the director, and the director shall conform to such standards, consistent with Section 710.
(Amended by Stats. 1977, Ch. 930.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4553.

4553. The rules and regulations shall be continuously reviewed and may be revised. During the formulation or revision of the rules and regulations, the board shall consult with, and carefully evaluate the recommendations of, the department, concerned federal, state, and local agencies, educational institutions, civic and public interest organizations, and private organizations and individuals.
(Amended by Stats. 2011, Ch. 584, Sec. 20. (AB 1414) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4554.

4554. Except for emergency regulations or orders of repeal adopted pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, the board shall not adopt or revise rules, regulations, or resource conservation standards unless a public hearing is first held respecting their adoption or revision. At least 30 days prior to the hearing, the board shall give notice of the hearing by publication pursuant to Section 6061 of the Government Code.
(Amended by Stats. 1981, Ch. 714, Sec. 355.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4554.5.

4554.5. (a) Notwithstanding Section 11343.4 of the Government Code, except as specified in subdivision (b), rules and regulations adopted or revised pursuant to this chapter shall become effective on the next January 1 that is not less than 30 days from the date of approval of those rules or regulations by the Office of Administrative Law.
(b) Notwithstanding subdivision (a), if the board adopts emergency regulations pursuant to Section 4555, and subsequently adopts those emergency regulations as nonemergency rules or regulations pursuant to this chapter, the rules or regulations shall become effective 30 days from the date of approval of the rules or regulations by the Office of Administrative Law.
(c) This section shall become operative on January 1, 2001.
(Repealed (in Sec. 1) and added by Stats. 1999, Ch. 582, Sec. 1.5. Effective January 1, 2000. Section operative January 1, 2001, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4555.

4555. If the director determines that a substantial question exists concerning whether the intent of this chapter is currently provided for by the rules and regulations of the board, and that approval of a timber harvesting plan which has been filed could result in immediate, significant, and long-term harm to the natural resources of the state, the director may withhold decision on a timber harvesting plan. However, within five days of that action, the director shall notify the board of that action. Within 30 days of the receipt of the notice, the board shall, after a public hearing, make a determination as to whether or not the intent of this chapter has been provided for in the rules and regulations of the board. The determination shall be conclusive.
If the board finds that the intent of this chapter has not been provided for in the rules and regulations, the board shall act to amend the rules by emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The director shall act upon the plan within 15 days of the board’s action. Emergency regulations adopted pursuant to this section shall be effective for not more than 120 days. The regulations may be made permanent if the board acts to adopt or revise its rules and regulations pursuant to procedures established in this article for the adoption of other than emergency regulations.
(Amended by Stats. 1984, Ch. 738, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 4 - Rules and Regulations › Section 4556.

4556. (a) The Forest Management Task Force shall report to the Legislature on or before July 1, 2020, on opportunities to streamline this act and associated rules and regulations to expedite forest health projects and fire prevention projects while preserving the resource protection functions of the act.
(b) (1) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2024.
(Added by Stats. 2018, Ch. 626, Sec. 12. (SB 901) Effective January 1, 2019. Repealed as of July 1, 2024, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4561.

4561. It is the purpose of this section to set forth resource conservation standards for timber operations, and to ensure that a cover of trees of commercial species, sufficient to utilize adequately the suitable and available growing space, is maintained or established after timber operations.
To that end, the following resource conservation standards define minimum acceptable stocking, and an area covered by a timber harvesting plan shall be classified as acceptably stocked if either of the following conditions exist within five years after completion of timber operations:
(a) The area contains an average point count of 300 per acre, except that in areas that the registered professional forester who prepares the timber harvesting plan has determined are site IV classification or lower, the minimum average point count shall be 150 per acre. Point count shall be computed as follows:
(1) A countable tree that is not more than four inches in diameter at breast height to count as one.
(2) A countable tree over 4 inches and not more than 12 inches in diameter at breast height to count as three.
(3) A countable tree over 12 inches in diameter at breast height to count as six.
(b) (1) The average residual basal area, measured in stems one inch or larger in diameter is at least 85 square feet per acre, except that in areas that the registered professional forester who prepares the timber harvesting plan has determined are site II classification or lower, the minimum average residual basal area shall be 50 square feet per acre.
(2) The board, on a finding that it is in furtherance of the purposes of this chapter, may encourage selection, shelterwood, or other types of management of timber if consistent with the biological requirements of the tree species and may regulate the size and shape of areas in which even-age management of timber is utilized.
(3) Rock outcroppings and other areas not normally bearing timber shall not be considered as requiring stocking and are exempt from the stocking provisions.
(Amended by Stats. 2012, Ch. 162, Sec. 147. (SB 1171) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4561.1.

4561.1. The resource conservation standards relating to stocking enumerated in Section 4561 shall constitute minimum requirements, and these shall be the standards to which all timber harvesting plans shall conform unless the board adopts higher stocking standards for each district. The board shall adopt standards for each district, after a public hearing, which are equal to or stricter than the standards of this chapter and shall report such standards to the Legislature.
It is not the intent of the Legislature in designating minimum standards that such standards shall be deemed to be preferred as the standards to be adopted by the board. The board may, by a majority vote as provided in Section 736, adopt higher minimum standards of stocking if, in the opinion of the board, growing conditions, tree species, site quality, or other factors justify such stricter standards and if such action is consistent with the purposes of this article.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4561.2.

4561.2. Notwithstanding Section 4561.1 or the resource conservation standards relating to stocking pursuant to Section 4561, the board may adopt alternative stocking standards that meet the purposes of Section 4561 if those alternative standards reasonably address the variables in forest characteristics, achieve suitable resource conservation, and contribute to specific forest health and ecological goals as defined by the board.
(Amended by Stats. 2015, Ch. 182, Sec. 1. (AB 417) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4561.5.

4561.5. The board may from time to time, after a public hearing, amend permanent stocking standards applicable to commercial timberland where the growing timber does not meet the acceptable stocking standards as enumerated in Section 4561.
(Amended by Stats. 2005, Ch. 383, Sec. 17. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4561.7.

4561.7. (a) The site designated for testing purposes by subdivision (b) is exempt from any stocking requirements.
(b) Testing may be permitted only on a 35-acre area located in the Pudding Creek drainage of Mendocino County in Sections 19 and 30, T19N, R16W, M.D.B. & M.
(Added by Stats. 1985, Ch. 1270 [Sec. 2]. Effective September 30, 1985.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4562.

4562. In order to reduce the incidence and spread of fire on timberlands, the board shall adopt rules in the fire protection zone as such zone is defined by the board, including, but not limited to, land along either side of the rights-of-way along public roads in widths to be determined by rule by the board in various areas, and in such other areas as the board deems necessary, to govern the disposal of solid nonforest wastes and slash created by timber operations.
(Repealed and added by Stats. 1973, Ch. 880.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4562.5.

4562.5. It is the purpose of this section to insure that soil erosion associated with timber operations is adequately controlled to protect soil resources, forest productivity, and water quality. The prevention, retardation, and control of accelerated erosion are the principal goals of this section. The board shall promulgate regulations for each district to govern timber operations that may cause significant soil disturbance.
(Amended by Stats. 2004, Ch. 193, Sec. 164. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4562.7.

4562.7. The purpose of this section is to ensure the protection of beneficial uses that are derived from the physical form, water quality, and biological capability of streams. To these ends, in addition to the rules provided for in Section 4551.5, the board shall adopt rules for control of timber operations that will result or threaten to result in unreasonable effects on the beneficial uses of the waters of the state. The rules shall include rules for:
(a) The disposal of petroleum products, sanitary wastes, refuse, and cleaning agents in proper dumps or waste treatment facilities to prevent them from entering streams.
(b) Construction of logging road and tractor trail stream crossings to assure substantially unimpaired flow of water and to assure free passage of fish both upstream and downstream.
(c) Minimizing damage to unmerchantable streamside vegetation, particularly hardwood trees.
(d) Minimizing damage to streambeds or banks resulting from skidding or hauling logs through, across, or into streams, by operating tractors or other heavy equipment in or near streambeds, or by construction of log landings or logging roads in or near the channels of streams.
(e) Control of slash, debris, fill, and side cast earth, resulting from timber operations, which may be carried into streams.
(f) Minimizing the effects of erosion on watercourses and lakes by both of the following:
(1) Installation and maintenance of drainage facilities and soil stabilization treatments as required on timber operations.
(2) Planned abandonment of roads and landings.
(Amended by Stats. 2011, Ch. 584, Sec. 24. (AB 1414) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 5 - Resource Conservation Standards › Section 4562.9.

4562.9. The board shall adopt regulations requiring maintenance of installed drainage facilities and soil stabilization treatments on skid trails, roads, and landings for a period of at least one year, but not to exceed three years, after filing of the work completion report, if the report is approved.
(Amended by Stats. 2004, Ch. 153, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 6 - Licenses › Section 4570.

4570. For purposes of this article, “real person in interest” means an individual who is one of the following:
(a) The sole proprietor, principal owner, or principal officer of an entity that is applying for a license or the renewal of a license under this article.
(b) The on-site supervisor responsible for the conduct of timber operations pursuant to the license, including the authority to hire and fire persons conducting those timber operations.
(Added by Stats. 1996, Ch. 740, Sec. 1. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 6 - Licenses › Section 4571.

4571. (a) No person shall engage in timber operations until that person has obtained a license from the board.
(b) The board may issue a limited timber operator license for the commercial cutting or removal of Christmas trees, tanbark, fuelwood, root crown burls, posts, or split products.
(Amended by Stats. 1996, Ch. 740, Sec. 2. Effective January 1, 1997.)