California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.15 - Requests for Renewal of Approved Sustained Yield Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director's determination shall be based upon
						multi-disciplinary review and evaluation of the elements of the successive SYP
						submission to determine if the successive SYP satisfies the requirements of
						MSP, identifies potentially significant adverse impacts, and includes Feasible
						mitigation measures for avoidance or minimization of such impacts. The
						submitter is encouraged to consult with review team agencies prior to
						submission of a successive SYP for review by the Director.
A request for renewal of an approved SYP shall be
						submitted to the Director no less than six months prior to expiration of the
						previously approved SYP and shall be subject to the review timelines specified
						in 14 CCR
						§
												1091.15, subsections (b)-(f). In the
						event that the Director cannot meet the specified review timelines and the
						previously approved SYP expires prior to approval of the successive SYP, the
						submitter may continue to operate under a THP pursuant to
						14 CCR
						§
												913.11 [933.11, 953.11], subsection
						(c) while the request for SYP renewal remains under review by the
						Director.
(a) Requests for renewal of
					 an approved SYP shall comply with the SYP content requirements specified in
					 Article 6.75 of Subchapter 7, and shall identify the general nature and
					 location within the document of each substantive difference between the
					 successive SYP submission and the previous approved SYP document. Substantive
					 differences include changes in Long Term Sustained Yield estimates for
					 achieving MSP, changes in fish, wildlife, and watershed assessment; and
					 proposed changes to previously approved mitigations, resource protection
					 measures, or operation standards.
(b) Within 20 days of the receipt of a
					 successive SYP submission, the Director shall determine if the document is
					 complete, accurate, and in proper order. If so, the successive SYP submission
					 shall be filed. If the document is not acceptable for filing, the Director
					 shall return it to the submitter with a written explanation of the
					 deficiencies. Where the Director does not make this determination within 20
					 days, the successive SYP shall be deemed filed.
(c) Once the successive SYP document has been
					 accepted for filing, the Director shall have 60 days or longer, as mutually
					 agreed to by the submitter, to conduct agency and public review of the
					 successive SYP.
(d) Public Notice
					 of Request for Renewal of Approved SYP. The Director shall transmit notice to
					 the public and agencies consistent with the noticing requirements of
					 14 CCR
					 §§
												1037.5 and §
											1037.1, subsections (b)(1)-(5).
					 The Notice shall advise the public of the name of the submitter, geographic
					 location of the successive SYP, location(s) where a copy of the successive SYP
					 document can be reviewed or obtained, and when and where the public hearing
					 will be held.
(e) Public Hearing.
					 The Director shall hold a public hearing on the successive SYP submission
					 within 30 days from the start of the public review period. The submitter shall
					 participate with the Director in that hearing. The Director shall make a copy
					 of the final draft of the successive SYP document available for public review
					 no sooner than 15 days prior to the close of the agency and public review
					 period.
(f) Director's
					 Determination Period. At the end of the public review and comment period, the
					 Director shall have 15 days to review public input, consider recommendations
					 and mitigation measures of other public agencies, respond in writing to the
					 issues raised, and determine if the successive SYP is in conformance with the
					 Rules. If the document is found to be in conformance, it shall be approved by
					 the Director.
(g) Disapproval of
					 Successive SYP. If the Director does not approve a successive SYP, the Director
					 shall provide written reasons for disapproval that conform with the
					 requirements of
					 14 CCR
					 §
												1054. Appeal of the Director's
					 decision on a successive SYP submission shall be conducted pursuant to
					 14 CCR
					 §
												1091.11.
1. New
						section filed 10-26-2009; operative 1-1-2010 pursuant to Public Resources Code
						section
						4554.5
						(Register 2009, No. 44).
2. Change without regulatory effect
						amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
3. Change without regulatory
						effect amending first paragraph and amending NOTE filed 1-7-2020 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2020, No. 2).
Note: Authority cited: Sections
						  4551,
						  4553
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.3,
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.