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 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 6 - Licenses › Section 4572.

4572. (a) The board shall, by regulation, prescribe the form and content of an application for a timber operator license or license renewal, establish procedures for filing the application, and require a reasonable filing fee. The amount of the filing fee shall not exceed the amount necessary to administer licensing under this article.
(b) First-time applicants for a timber operator license shall furnish to the board proof that the real person in interest has complied with both of the following requirements:
(1) Completion, within the preceding 12 months, of an education program approved by the director that covers the statutes and regulations governing timber operations in this state.
(2) (A) Except as specified in subparagraph (B) and subdivision (d), completion of 3000 hours of work experience in two or more areas of employment in timber operations.
(B) An applicant shall be exempt from this paragraph if the applicant furnishes proof to the board that the applicant is sole proprietor of, principal owner of, or principal officer of an entity that owns, the land on which all timber operations under the license will be conducted, and the applicant will supervise those timber operations.
(c) (1) Except as specified in paragraph (2) and subdivision (d), all applicants shall file with the director written evidence of timber operation insurance coverage under an insurance policy issued by an insurer eligible to do business in this state that includes both of the following:
(A) Commercial general liability insurance for not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage combined, including within that limit, or in a separate limit, loggers third party property damage liability.
(B) A provision requiring the insurer to provide to the director a certificate of insurance and notice of any amendment to, or cancellation of, the policy within 30 days from the date of policy amendment or cancellation.
(2) This subdivision does not apply to an applicant who owns the land upon which the timber operations are to be conducted pursuant to the license.
(d) Subparagraph (A) of paragraph (2) of subdivision (b) and paragraph (1) of subdivision (c) do not apply to an applicant for a limited timber operator license.
(Amended by Stats. 1996, Ch. 740, Sec. 3. 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 4573.

4573. The board may deny a timber operator license for any of the following reasons:
(a) The applicant is not the real person in interest.
(b) Material misrepresentation or false statement in the application.
(c) Conviction within one year of the application of unlawfully operating without a license.
(d) The failure or refusal of the applicant to comply with this chapter or the rules and regulations adopted by the board pursuant to this chapter, within three years prior to the date of application.
(e) The failure or refusal of the applicant to pay a judgment assessed or awarded by a court of competent jurisdiction that is the result of a violation of this chapter or the rules and regulations adopted by the board pursuant to this chapter.
(f) The failure or refusal of the applicant to keep current the insurance required by subdivision (c) of Section 4572.
(g) The failure or refusal of the applicant to reimburse the department for costs incurred by the department as the result of an action to correct a violation conducted in accordance with Article 8 (commencing with Section 4601).
(Amended by Stats. 1996, Ch. 740, Sec. 4. 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 4574.

4574. (a) Timber operator licenses shall be valid for a period not to exceed two calendar years, as prescribed by the board.
(b) (1) The board may deny an application for license renewal until any violations by the applicant that exist on the date of submission of the renewal application, of which the applicant has been notified and given reasonable opportunity to correct, are corrected in accordance with any reasonable terms and conditions required by the board.
(2) The board may issue a temporary license to permit the applicant to perform those timber operations that are necessary to correct any violation that has resulted in a denial of license renewal.
(c) For a license first issued on or after January 1, 1997, the board may deny an application for license renewal if the real person in interest has not completed both an education program approved by the director that covers the statutes and regulations governing timber operations in this state, and 3,000 hours of work experience in two or more areas of employment in timber operations.
(Amended by Stats. 1996, Ch. 740, Sec. 5. 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 4575.

4575. A license is subject to future legislation and is not transferable.
(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 6 - Licenses › Section 4576.

4576. A license may be suspended or revoked by the director pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code for any of the reasons specified by Section 4573, for refusal to allow inspections, or for violations of any of the rules and regulations of the board.
(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 6 - Licenses › Section 4576.1.

4576.1. During the period for which a timber operator license has been suspended, revoked, or denied pursuant to Section 4573 or 4576, the real person in interest, as defined in Section 4570, may not have any ownership, possessory, security, or other pecuniary interest in, or any responsibility for the conduct of, the timber operations of any person licensed pursuant to this article. This provision does not preclude ownership of publicly traded stock in any corporation.
(Amended by Stats. 2002, Ch. 171, Sec. 1. Effective January 1, 2003.)
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 4577.

4577. The board may delegate its authority under this article to the director.
(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 6 - Licenses › Section 4578.

4578. Timber operations, timber harvesting, and any other activities pursuant to a timber harvest plan or a federal or state timber sales contract are exempt from the provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and no license shall be required for the conduct of timber operations on private or public lands, other than as provided in Section 4571.
(Added by Stats. 1983, Ch. 710, 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 7 - Timber Harvesting › Section 4581.

4581. No person shall conduct timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted for such operations to the department pursuant to this article. Such plan shall be required in addition to the license required in Section 4571.
(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 7 - Timber Harvesting › Section 4582.

4582. The timber harvesting plan shall be filed with the department in writing by a person who owns, leases, or otherwise controls or operates on all or any portion of any timberland and who plans to harvest the timber on the timberland. If the person who files the timber harvesting plan is not the owner of the timberland, the person filing the plan shall notify the timberland owner by certified mail that the plan has been submitted and shall certify that mailing to the department. The timber harvesting plan shall be a public record and shall include all of the following information:
(a) The name and address of the timber owner.
(b) The name and address of the timber operator if known at the time of filing. If the timber operator is not known at the time of filing, the plan submitter shall notify the department as soon as the timber operator is known, but in any case before timber operations begin.
(c) A description of the land on which the work is proposed to be done, including a United States Geological Survey quadrangle map or equivalent indicating the location of all streams, the location of all proposed and existing logging truck roads, and indicating boundaries of all site I classification timberlands to be stocked in accordance with subdivision (b) of Section 4561 and any other site classifications if the board establishes specific minimum stocking standards for other site classifications.
(d) A description of the silvicultural methods to be applied, including the type of logging equipment to be used.
(e) An outline of the methods to be used to avoid excessive accelerated erosion from timber operations to be conducted within the proximity of a stream.
(f) Special provisions, if any, to protect any unique area within the area of timber operations.
(g) The expected dates of commencement and completion of timber operations.
(h) A certification by the registered professional forester preparing the plan that the registered professional forester or a designee has personally inspected the plan area.
(i) Any other information the board provides by regulation to meet its rules and the standards of this chapter.
(Amended by Stats. 2021, Ch. 133, Sec. 79. (SB 272) Effective July 23, 2021.)
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 7 - Timber Harvesting › Section 4582.3.

4582.3. The board shall, on or before May 1, 1985, adopt regulations regarding notice of intent to harvest timber, to be given within two working days following submission of a timber harvesting plan, which it determines to be appropriate and which are consistent with law and Horn v. County of Ventura, 24 Cal. 3d 605. In adopting the regulations, the board shall take account of the extent of the administrative burden involved in giving the notice. The method of notice shall include, but not be limited to, mailed notice. The regulations may require the person submitting the timber harvesting plan to provide to the department a list of the names and addresses of persons to whom the notice was mailed and a written declaration that the mailing has been completed.
(Added by Stats. 1984, Ch. 1508, 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 7 - Timber Harvesting › Section 4582.4.

4582.4. Notice of the filing of timber harvesting plans shall be made by the department to any person who requests, in writing, such notification.
(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 7 - Timber Harvesting › Section 4582.5.

4582.5. Timber harvesting plans shall be applicable to a specific piece of property or properties and shall be based upon such characteristics of the property as vegetation type, soil stability, topography, geology, climate, and stream characteristics.
(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 7 - Timber Harvesting › Section 4582.71.

4582.71. (a) A timber harvesting plan may not be approved if the appropriate regional water quality control board finds, based on substantial evidence, that the timber operations proposed in the plan will result in a discharge into a watercourse that has been classified as impaired due to sediment pursuant to subsection (d) of Section 303 of the Federal Water Pollution Control Act, that causes or contributes, to a violation of the regional water quality control plan.
(b) The exercise of a regional water quality control board’s authority pursuant to subdivision (a) may be delegated to the executive officer of that regional water quality control board as long as the executive officer’s determination is subject to review by that regional water quality control board upon request of the person that has submitted the timber harvesting plan or upon motion of that regional water quality control board.
(c) If the appropriate regional water quality control board makes a finding pursuant to subdivision (a), the executive officer of that regional water quality control board shall, before the close of the public comment period under Section 4582.7, notify the director in writing of the finding and advise the director that the plan may not be approved. If the issues that lead to a regional water quality control board’s finding pursuant to subdivision (a) cannot be resolved during the director’s determination period under Section 4582.7 or a longer period that is mutually agreeable to the director and the person that submitted the timber harvesting plan, the director shall deny the timber harvesting plan and return the plan to the person that submitted it. The director shall advise the person that submitted the timber harvesting plan of the reasons why the plan is being returned.
(Added by Stats. 2003, Ch. 900, Sec. 3. 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 7 - Timber Harvesting › Section 4582.75.

4582.75. The rules adopted by the board and the provisions of this chapter shall be the only criteria employed by the director when reviewing timber harvesting plans pursuant to Section 4582.7.
(Amended by Stats. 2003, Ch. 900, Sec. 4. 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 7 - Timber Harvesting › Section 4582.8.

4582.8. Within 10 days from the date that a timber harvesting plan is determined to be in conformance under Section 4582.7, or within 10 days from the date of receipt of a notice of timber operations, a nonindustrial timber harvest notice, a notice of exemption to convert less than three acres to a nontimber use pursuant to Section 4584, or an emergency notice filed pursuant to Section 4592, the director shall transmit copies thereof to the State Board of Equalization. Any notice of exemption or notice of emergency transmitted to the State Board of Equalization pursuant to this section shall include, among other things, an estimate of the timber owner as to whether the timber to be harvested pursuant to the notice will or will not be exempt from timber yield tax pursuant to Section 38116 of the Revenue and Taxation Code as interpreted and implemented by the State Board of Equalization.
(Amended by Stats. 1998, Ch. 591, Sec. 2. 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 7 - Timber Harvesting › Section 4583.

4583. A timber harvesting plan shall conform to all standards and rules which are in effect at the time the plan becomes effective. Except for stocking standards in effect at the time of commencement of timber operations under a timber harvesting plan, which shall remain in effect for any timberland harvested under such plan, all timber operations shall conform to any changes or modifications of standards and rules made thereafter unless prior to the adoption of such changes or modifications, substantial liabilities for timber operations have been incurred in good faith and in reliance upon the standards in effect at the time the plan became effective and the adherence to such new rules or modifications would cause unreasonable additional expense to the owner or operator.
(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 7 - Timber Harvesting › Section 4583.2.

4583.2. The registered professional forester who prepared the timber harvesting plan and or any other registered professional forester who is employed by the owner or operator, shall report to the owner and operator if there are deviations of any sort from the plan that in the forester’s judgment threaten the attainment of the resource conservation standards or other regulations promulgated pursuant to this chapter.
(Amended by Stats. 2011, Ch. 584, Sec. 25. (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 7 - Timber Harvesting › Section 4583.5.

4583.5. If the board finds that the registered professional forester has made a material misstatement in the filing of a timber harvesting plan or report pursuant to this chapter, it shall take disciplinary action against the forester as provided under Section 775.
(Amended by Stats. 2011, Ch. 584, Sec. 26. (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 7 - Timber Harvesting › Section 4584.5.

4584.5. Nothing in Section 4584 shall exempt the owner of any timber harvested from registering with the State Board of Equalization or from the payment of any applicable timber yield taxes imposed pursuant to Section 38115 of the Revenue and Taxation Code.
(Added by Stats. 1994, Ch. 746, Sec. 3. Effective September 22, 1994.)
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 7 - Timber Harvesting › Section 4585.

4585. (a) Within one month after completion of the work described in the timber harvesting plan or nonindustrial timber harvest notice, excluding work for stocking, site preparation, or maintenance of drainage facilities and soil stabilization treatments on skid trails, roads, and landings after the plan period, a report shall be filed by the timber owner or the owner’s agent with the department that all work, except stocking, site preparation, or maintenance of drainage facilities and soil stabilization treatments, has been completed.
(b) If all of the work described in the plan has not been completed, a report may be filed annually with respect to a portion of the area covered by the plan which has been completed. The portion completed shall be adequately identified on a map submitted with the report.
(Amended (as added by Stats. 1989, Ch. 1290, Sec. 3) by Stats. 1993, Ch. 706, Sec. 1. Effective January 1, 1994.)
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 7 - Timber Harvesting › Section 4586.

4586. Within six months of the receipt of the work completion report specified in Section 4585, the director shall determine, by inspection, whether the work described in the report has been properly completed in conformity with the rules and regulations of the board and the standards of this chapter. If the work has been so completed, the director shall issue a report of satisfactory completion of the work. If not, the director shall take corrective action as the director determines to be appropriate in accordance with Article 8 (commencing with Section 4601).
(Amended by Stats. 2021, Ch. 133, Sec. 82. (SB 272) Effective July 23, 2021.)
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 7 - Timber Harvesting › Section 4587.

4587. (a) Within five years after completion of timber operations on an area identified in a report submitted pursuant to Section 4585 or nonindustrial timber harvest notice, a report of stocking with respect to that area shall be filed by the timber owner or the owner’s agent with the department. A separate report of stocking may be filed with the work completion report for those areas which meet stocking requirements upon completion of timber operations. The board, by regulation, shall establish one or more statistically valid standardized sampling procedures designed to measure the number of trees and their dispersion.
(b) Notwithstanding subdivision (a), the board shall adopt regulations which specify the conditions and manner in which the necessity of employing sampling procedures may be waived. The regulations shall provide that, in addition to any other possible conditions which may be required by the board, the standard sampling procedures may be waived only if the director or the director’s representative and the timber owner, or a registered professional forester acting as the owner’s agent, agree that the area is adequately stocked to meet the standards of this chapter and any applicable rules or regulations of the board. The regulations shall require that, if the director or the director’s representative does not agree that the area is so stocked, a standardized sample shall be required.
(Amended (as added by Stats. 1989, Ch. 1290, Sec. 7) by Stats. 1993, Ch. 706, Sec. 5. Effective January 1, 1994.)
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 7 - Timber Harvesting › Section 4588.

4588. Within six months of the receipt of the stocking report, the director shall determine, by inspection, whether the stocking has been properly completed. If the stocking is properly completed, the director shall issue a report of satisfactory completion of stocking. If the stocking is not properly completed, the director shall take corrective action as the director deems appropriate in accordance with Article 8 (commencing with Section 4601) of this chapter.
(Amended by Stats. 2021, Ch. 133, Sec. 83. (SB 272) Effective July 23, 2021.)
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 7 - Timber Harvesting › Section 4589.

4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, and the State Water Resources Control Board, shall commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of post-treatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584.
(b) The public shall be provided opportunities to participate in the review and the development of the report.
(c) The report shall be submitted pursuant to Section 9795 of the Government Code.
(d) (A) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative.
(B) The board shall notify the Secretary of State when emergency regulations have been adopted.
(Amended by Stats. 2018, Ch. 626, Sec. 16. (SB 901) Effective January 1, 2019. Conditionally inoperative as prescribed 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 7 - Timber Harvesting › Section 4591.

4591. Amendments to the original timber harvesting plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until the amendment has been filed with, and acted upon, by the department in accordance with Sections 4582.7 and 4583. An amendment may not extend the effective period of the plan, except as provided in Section 4590.
(Amended (as amended by Stats. 1989, Ch. 915) by Stats. 1993, Ch. 706, Sec. 9. Effective January 1, 1994.)
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 7 - Timber Harvesting › Section 4591.1.

4591.1. The board shall specify by regulation those deviations which may be undertaken by an operator without submission of an amended plan but which must subsequently be reported to the department, and provide for the manner of so reporting.
(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 7 - Timber Harvesting › Section 4592.

4592. Notwithstanding any other provisions of this chapter, a registered professional forester may in an emergency, on behalf of a timber owner or operator, file an “emergency notice” with the department that shall allow immediate commencement of timber operations. The emergency notice shall include a declaration, under penalty of perjury, that a bona fide emergency exists which requires immediate harvest activities, and that any applicable timber yield taxes will be paid pursuant to Section 38115 of the Revenue and Taxation Code. Those emergencies shall be defined by the board and may include, but are not limited to, the necessity to harvest to remove fire-killed or damaged timber or insect or disease-infested timber, or to undertake emergency repairs to roads.
(Amended by Stats. 1994, Ch. 746, Sec. 4. Effective September 22, 1994.)
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 7 - Timber Harvesting › Section 4592.5.

4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, and completion of timber harvesting plans, and the appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements:
(1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations.
(2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate.
(3) The department, using the rules of the board, shall provide a checklist that, if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information.
(b) In addition to the requirements in subdivision (a), the department shall issue guidance to achieve greater timber harvesting plan review accuracy and efficiency and to avoid duplication of efforts. The guidance shall include guidance to responsible agencies that rely on the timber harvesting plan for their analysis under the California Environmental Quality Act (Division 13 (commencing with Section 21000)) when the agencies are issuing a permit to enable implementation of all or part of the project. This guidance shall assist the responsible agencies to avoid duplication in information requests for the responsible agencies’ permits. Responsible agencies are encouraged to include mitigation measures prior to the close of public comment to ensure they are examined at a sufficient level of detail prior to the close of public comment.
(c) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions.
(d) For purposes of this section, “plan” or “timber harvesting plan” includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvesting plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans.
(Amended by Stats. 2020, Ch. 370, Sec. 237. (SB 1371) Effective January 1, 2021.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.

4593. (a) The Legislature finds and declares that a substantial acreage of timberlands of the state are held by private nonindustrial owners and that it is the policy of the state to increase the productivity of these timberlands under prudent management plans to serve the public’s need for timber and other forest products.
(b) The Legislature further finds and declares that minimal environmental harm is caused by prudent management of nonindustrial timberlands because low volume production and dispersion around the state of these small tracts reduces damage to aesthetics, air quality, watersheds, and wildlife.
(c) The Legislature further finds and declares that it is the policy of the state to encourage prudent and responsible forest resource management of nonindustrial timberlands by approving nonindustrial timber management plans in advance and withdrawing governmental discretion to disapprove nonindustrial timber harvest notices submitted pursuant to the approved nonindustrial timber management plans.
(d) It is not the intent of the Legislature by the enactment of this article to limit the penalties and enforcement provisions of this chapter.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.2.

4593.2. Notwithstanding Section 4521, unless the context otherwise requires, the following definitions govern construction of this article:
(a) “Nonindustrial timberlands” means timberland owned by a nonindustrial tree farmer.
(b) “Nonindustrial tree farmer” means an owner of timberland with less than 2,500 acres who has an approved nonindustrial management plan and is not primarily engaged in the manufacture of forest products.
(c) “Uneven aged management” means the management of a specific forest, with the goal of establishing a well stocked stand of various age classes and which permits the periodic harvest of individual or small groups of trees to realize the yield and continually establish a new crop.
(d) “Sustained yield” means the yield of commercial wood that an area of commercial timberland can produce continuously at a given intensity of management consistent with required environmental protection and which is professionally planned to achieve over time a balance between growth and removal.
(e) “Nonindustrial timber management plan” means a management plan for nonindustrial timberlands with an objective of an uneven aged managed timber stand and sustained yield for each parcel or group of contiguous parcels meeting the requirements of Section 4593.3. A nonindustrial timber management plan may include multiple nonindustrial tree farmers, but shall not cover more than 2,500 acres.
(f) “Nonindustrial timber harvest notice” means notice of timber harvest operations pursuant to an approved nonindustrial timber management plan and meeting the requirements of Section 4594.
(Amended by Stats. 2018, Ch. 626, Sec. 17. (SB 901) 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 7.5 - Nonindustrial Timber Management Plan › Section 4593.3.

4593.3. A nonindustrial timber management plan may be filed with the department in writing by a person who intends to become a nonindustrial tree farmer with the long-term objective of an uneven aged timber stand and sustained yield through the implementation of a nonindustrial timber management plan. The nonindustrial timber management plan shall be prepared by a registered professional forester. It shall be a public record and shall include all of the following information:
(a) The name and address of the timberland owner.
(b) A description of the land on which the nonindustrial timber management plan is proposed to be implemented, including a United States Geological Survey quadrangle map or equivalent indicating the location of all streams, the location of all proposed and existing logging truck roads, and indicating boundaries of all site I classification timberlands to be stocked in accordance with subdivision (b) of Section 4561 and any other site classifications if the board establishes specific minimum stocking standards for other site classifications.
(c) A description of the silviculture methods to be applied and the type of yarding equipment to be used.
(d) An outline of the methods to be used to avoid excessive accelerated erosion from timber operations to be conducted within the proximity of a stream.
(e) Special provisions, if any, to protect any unique area within the boundaries of the proposed nonindustrial timber management plan.
(f) A description of the existing stand, its current projected growth, alterations required to achieve the management objectives, the projected timber volumes and tree sizes to be available for harvest, and projected frequencies of harvest.
(g) A certification by the registered professional forester preparing the nonindustrial timber management plan that the registered professional forester or a designee has personally inspected the plan area.
(h) Any other information the board provides by regulation to meet its rules and the standards of this chapter.
(Amended by Stats. 2021, Ch. 133, Sec. 84. (SB 272) Effective July 23, 2021.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.4.

4593.4. The board shall adopt regulations regarding the notice of receipt of the proposed nonindustrial timber management plan. The notice shall be given within two working days following submission of the proposed management plan and shall be consistent with Horn v. County of Ventura, 24 Cal. 3d 605, and all applicable laws. In adopting the regulations, the board shall take account of the extent of the administrative burden involved in giving the notice. The method of notice shall include, but not be limited to, mailed notice. The regulations may require the person submitting the nonindustrial timber management plan to provide to the department a list of the names and addresses of persons to whom the notice is to be mailed.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.5.

4593.5. The department shall provide notice of the filing of nonindustrial timber management plans to any person who requests, in writing, that notification.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.6.

4593.6. Upon receipt of the nonindustrial timber management plan, the department shall place it, or a true copy thereof, in a file available for public inspection in the county in which timber operations are proposed under the plan, and, for the purpose of interdisciplinary review, shall transmit a copy to the Department of Fish and Game, the appropriate California regional water quality control board, the county planning agency, and all other agencies having jurisdiction by law over natural resources affected by the plan. The department shall invite, consider, and respond in writing to comments received from public agencies to which the plan has been transmitted and shall consult with those agencies at their request.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.7.

4593.7. (a) The director has 45 days from the date the initial inspection is completed as provided in Section 4604, or a longer period mutually agreed upon by the director and the person submitting the nonindustrial timber management plan, to review the plan to determine if the plan is in conformance with the rules and regulations of the board and this chapter. If the director determines that the plan is not in conformance with the rules and regulations of the board or this chapter, the director shall return the plan, stating his or her reasons and advising the person submitting the plan of the person’s right to a hearing before the board.
(b) If the director does not act within the time periods provided in subdivision (a), a longer period shall be negotiated and mutually agreed upon by the director and the person submitting the nonindustrial timber management plan. If a longer period cannot be mutually agreed upon, the nonindustrial timber management plan shall be deemed denied and returned to the person submitting the plan.
(c) A person to whom a plan is returned may, within 10 days from the receipt of the plan, request the board for a public hearing before the board. The board shall schedule a public hearing to review the plan to determine if the plan is in conformance with the rules and regulations of the board and this chapter. Board action shall take place within 30 days from the filing of the appeal, or a longer period mutually agreed upon by the board and the person filing the appeal. If the plan is not approved on appeal to the board, the director, within 10 days of board action, may determine that the plan is in conformance if the plan is revised to bring it into full conformance with the rules and regulations of the board and this chapter.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.8.

4593.8. The nonindustrial tree farmer may submit a proposed amendment to the approved plan and may not take any action which substantially deviates, as defined by the board, from the approved plan until the amendment has been filed with the director and the director has determined that the amendment is in compliance with the rules and regulations of the board and the provisions of this chapter which were in effect at the time the nonindustrial timber management plan was approved, in accordance with the same procedures specified in Section 4593.7.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.9.

4593.9. The nonindustrial tree farmer may take actions which do not substantially deviate from the approved plan without the submittal of an amendment, but those actions shall be subsequently reported to the department. The board shall specify, by regulation, those nonsubstantial deviations which may be taken. The board shall specify the requirements for reporting those deviations.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.10.

4593.10. (a) Upon a change of ownership of the land described in the nonindustrial timber management plan, the transferring landowner shall provide the acquiring landowner with written notice that discloses the existence of the plan and informs the acquiring landowner of the need to notify the department if the acquiring landowner intends to assume the plan. The transferring landowner shall also send the department a copy of the notice provided to the acquiring landowner.
(b) If the transferring landowner fails to provide the notice required in subdivision (a) and the department discovers the change of ownership, the department shall provide the acquiring landowner with the notice described in subdivision (a).
(c) The acquiring landowner shall have one year from the date of the receipt of the notice required pursuant to subdivision (a) or (b), whichever is applicable, to notify the department in writing of his or her assumption of the plan. If the department does not receive notification within this period, the department may cancel the plan.
(d) A violation of this section by a landowner does not constitute a crime pursuant to Section 4601.
(Amended by Stats. 2014, Ch. 291, Sec. 1. (AB 2239) Effective January 1, 2015.)
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 7.5 - Nonindustrial Timber Management Plan › Section 4593.11.

4593.11. The nonindustrial tree farmer may cancel the nonindustrial timber management plan by submitting a written notice to the department. Once timber operations have commenced pursuant to a nonindustrial timber harvest notice, cancellation is not effective on land covered by the notice until a report of satisfactory completion has been issued pursuant to Sections 4585, 4586, and 4587.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)