reglab/statecodes huggingface dataset:
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.3 - Notice of Preparation-Distribution by Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall distribute copies of each notice of
						preparation within two (2) working days of receipt to:
(a) The Office of the County Clerk of the
					 county in which operations are proposed for posting at the customary place for
					 posting environmental affairs.
(b)
					 The local CAL FIRE Unit headquarters for posting.
(c) At such other locations as the Director
					 may deem desirable and Feasible to provide adequate public notice.
(d) Any additional distribution of the notice
					 required by the Rules for individual counties.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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. Amendment of first paragraph
						and subsection (d) filed 11-14-2019; operative 1-1-2020 pursuant to Public
						Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551,
						  4593.4
						  and
						  21092,
						  Public Resources Code. Reference: Sections
						  4551,
						  4593
						  and
						  4593.4,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.4 - Request for Notification of NTMP or Notice of Timber Operations Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each applicable
					 CAL FIRE Review Team Office shall maintain a list of NTMPs or Notices of Timber
					 Operations submitted each day.
(b)
					 When any Person requests notice of submissions of NTMPs, the Director shall
					 provide the Person, free of charge, with a copy of the list of NTMPs or Notices
					 of Timber Operations submitted on the date or dates requested. If no specific
					 date is requested, a copy of the lists for the preceding week shall be
					 provided.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2.
						Change without regulatory effect amending section filed 12-17-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 51).
3. Change without regulatory
						effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
4. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.4,
						  Public Resources Code. Reference: Sections
						  4551,
						  4593,
						  4593.4,
						  21080.5,
						  21081
						  and
						  21092,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.6 - Notice of Timber Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Nonindustrial Tree Farmer(s), or their Designated
						Agent (if applicable), who controls any portion of Noninndustrial Timberland
						and who plans to harvest any of the timber thereon during a given year, shall
						submit a Notice of Timber Operations including the certification required by
						PRC §
											4594.6
						to the appropriate CAL FIRE Review Team Office. Timber Operations may commence
						immediately unless the Notice of Timber Operations has been filed by mailing,
						in which case operations may commence three (3) days after the Notice of Timber
						Operations has been mailed.
1. New
						section filed 7-11-91 operative 8-12-91 (Register 91, No. 44).
2.
						Amendment filed 12-8-95; operative 12-8-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 49).
3. Change without regulatory effect amending
						section filed 12-17-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 51).
4. Change without regulatory
						effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
5. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4594,
						  Public Resources Code. Reference: Section
						  4594,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.7 - Notice of Timber Operations Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the Notice of Timber Operations is to
						provide guidance for implementation of the standards and protective measures in
						the approved NTMP or most recent amended NTMP and the applicable Rules. For the
						Notice of Timber Operations to serve these functions, it shall as a minimum,
						contain the following:
(a)
					 Identification number of the NTMP
(b) The name and address and phone number of
					 the Nonindustrial Tree Farmer, the Timber Owner, the Designated Agent (if
					 applicable), the RPF and their license number, the LTO and their License
					 number, the Person responsible for on the ground supervision of the Timber
					 Operations.
(c) Expected dates of
					 commencement and completion of Timber Operations.
(d) A legal description of the area of the
					 NTMP, including acreage by Nonindustrial Tree Farmer(s), on which Timber
					 Operations will be conducted.
(e)
					 Identification of silvicultural prescriptions to be applied.
(f) The type of heavy equipment to be used
					 for Yarding or road construction.
(g) A statement that no archeological sites
					 have been discovered in the Harvest Area since the approval of the
					 NTMP.
(h) A statement that no
					 Listed Species have been discovered in the Cumulative Impacts assessment area
					 since the approval of the NTMP.
(i)
					 A statement that there have been no physical environmental changes in the
					 Cumulative Impacts assessment area that are so significant as to require any
					 amendment of the NTMP.
(j) Special
					 provisions, if any, to protect any Unique Area within the area of Timber
					 Operations.
(k) Instructions on
					 felling, Yarding, road construction or reconstructions, hauling, Erosion
					 Control work, Site Preparation, Erosion Control maintenance, Winter Period
					 operations, Watercourse protection measures and slash treatment.
(l) A certification by the RPF that the
					 Notice of Timber Operations as submitted will carry out
(1) The best management practices for the
					 protection of the Beneficial Uses of water, soil stability, forest
					 productivity, and wildlife as required by the current Rules of the Board,
					 or
(2) Is consistent with the Plan
					 and will not result in significant degradation of the Beneficial Uses of water,
					 soil stability, forest productivity, or wildlife or be in violation of
					 applicable legal requirements.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.8 - NTMP Professional Judgment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Rules or these regulations provide for the
						exercise of professional judgment by the forester (RPF) or the Director, if
						there is a disagreement and if requested by either party, they shall confer on
						the NTMP area during the NTMP review inspection and reach agreement, if
						possible, on the conditions and standards to be included in the
						Plan.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4593
						  and
						  4593.7,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.9 - Plan Submitter Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The plan submitter, or successor in interest,
						shall:
(a) Ensure that an RPF conducts
					 any activities which require an RPF.
(b) Provide the RPF preparing the Plan or
					 amendments with complete and correct information regarding pertinent legal
					 rights to, interests in, and responsibilities for land, timber, and access as
					 these affect the planning and conduct of Timber Operations.
(c) Sign the NTMP certifying knowledge of the
					 Plan contents and the requirements of this section.
(d) Within five (5) working days of change in
					 RPF responsibilities for NTMP implementation or substitution of another RPF,
					 file with the Director a notice which states the RPF's name and registration
					 number, address, and subsequent responsibilities for any RPF required field
					 work, amendment preparation, or operation supervision. Corporations need not
					 file notification because the RPF of record on each document is the responsible
					 Person.
(e) Provide a copy of the
					 approved NTMP and Notice of Timber Operations to the LTO.
(f) Notify the Director prior to commencement
					 of Site Preparation. Receipt of a burning permit is sufficient
					 notice.
(g) Provide the RPF
					 preparing the Notice of Timber Operations and LTO each a copy of the current
					 NTMP and subsequent amendments.
(h)
					 File with the Director a Minor Deviation identifying a Designated Agent that
					 represents the plan submitter(s) at least five (5) days prior to filing the
					 first Notice of Timber Operations, unless already identified in the
					 NTMP.
(i) File with the Director a
					 Minor Deviation identifying a change in the Designated Agent:
(1) Within five (5) working days if active
					 Timber Operations are occurring.
(2) Within thirty (30) working days if no
					 active Timber Operations are occurring.
(3) The plan submitter(s), or successor(s) in
					 interest, may delegate responsibility for
					 14 CCR
					 §§
													1090.9(d) through
					 (g) to the Designated Agent, with written
					 notification to the Director.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.10 - Registered Professional Forester Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon submission of a NTMP, the RPF who
					 prepares and signs a Plan is responsible for the accuracy and completeness of
					 its contents.
(b) The RPF preparing
					 the Plan shall:
(1) Inform the Director and
					 landowner by phone or letter if he or she will be attending the review
					 inspection; and
(2) Provide the
					 landowner a copy of the Rules of the Board in effect on the date of NTMP
					 approval.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.11 - Interaction Between RPF and LTO on Notice of Timber Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
From the start of the preparation of the Notice of Timber
						Operation, but before commencement of operations, the responsible RPF or
						Supervised Designee shall meet with either the LTO, or their representative,
						who will be on the ground and directly responsible for the Timber Operations.
						The meeting shall be on site if requested by either the RPF or LTO. If any
						amendment is incorporated to the Notice of Timber Operations by an RPF after
						the first meeting, that RPF or Supervised Designee shall comply with the intent
						of this section by explaining relevant changes to the LTO. If requested by
						either the RPF or LTO, another on-site meeting shall take place. The intent of
						any such meeting is to assure that the LTO:
(a) Is advised of any sensitive on-site
					 conditions requiring special care during operations.
(b) Is advised regarding the intent and
					 applicable provisions of the approved Plan including amendments.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2.
						Amendment of first paragraph filed 11-26-97; operative 1-1-98 pursuant to
						Public Resources Code section
						4554.5
						(Register 97, No. 48).
3. Change without regulatory effect amending
						section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
4. Amendment of first paragraph
						filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.3
						  and
						  4594,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.12 - Licensed Timber Operator Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each LTO shall:
(a) Inform the responsible RPF and Plan
					 submitter, either in writing or orally, of any site conditions which in the
					 LTO's opinion prevent implementation of the approved NTMP or Notice.
(b) Keep a copy of the applicable approved
					 Notice and amendments available for reference at the site of active Timber
					 Operations.
(c) Comply with all
					 provisions of the Act, Board Rules and regulations, the applicable Notice and
					 any approved amendments.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2.
						Repealer of subsection (b) and subsection relettering filed 11-30-2009;
						operative 1-1-2010 pursuant to Public Resources Code section
						4554.5
						(Register 2009, No. 49).
3. Change without regulatory effect
						amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.3,
						  and
						  4594,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.13 - Notification of Commencement of Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For each Notice of Timber Operations submitted, within
						fifteen days before, and not later than the day of the start up of a Timber
						Operation, the Submitter of the Notice, unless the NTMP identifies another
						Person as responsible, shall notify CAL FIRE of the start of Timber
						Operations.
The notification, by telephone or by mail, shall be
						directed to the appropriate CAL FIRE Unit Headquarters, Forest Practice
						Inspector, or other designated personnel.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.3
						  and
						  4594,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.14 - NTMP Deviations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 "Minor Deviations" means any change, minor in scope, in a Plan which can
					 reasonably be presumed not to make a significant change in the conduct of
					 Timber Operations and which can reasonably be expected not to significantly
					 adversely affect Nonindustrial Timberland productivity or values relating to
					 soil, water quality, watershed, wildlife, fisheries, range and forage,
					 recreation, and aesthetic enjoyment or to result in a violation of the
					 applicable water quality control plan.
(b) All other changes are presumed to be
					 Substantial Deviations which means they could significantly affect the conduct
					 in Timber Operations and potentially could have a significant adverse effect on
					 timber productivity or values relating to soil, water quality, watershed,
					 wildlife, fisheries, range and forage, recreation, and aesthetic enjoyment.
Such actions include, but are not limited to:
(1) Change in location of Timber Operations
					 or enlargement of the area or volume planned to be cut.
(2) Change in the Silvicultural Method and
					 Cutting Method on any portion of the Plan area.
(3) Change in type or location of Yarding
					 system or basic type of equipment.
(4) Change in location, nature or increase in
					 length of proposed Logging Roads incorporating one or more of the following
					 criteria:
(A) Any road in a Watercourse or
					 Lake Protection Zone or where Sidecast will extend into the Watercourse or Lake
					 Protection Zone.
(B) Any road
					 located in an extreme Erosion Hazard Rating area.
(C) Any road where the average side slope
					 exceeds 50%.
(D) Any road where
					 Unstable Areas, active soil movement, or Slide Areas must be
					 traversed.
(E) Any increase in
					 gradient allowed by the District Rules as an exception and not provided for in
					 the original Plan.
(F) Any road
					 extension of more than six-hundred (600) feet.
(5) Any use of existing roads not shown in
					 the original Plan when reconstruction work to allow for vehicle travel will be
					 substantial. Substantial work on an existing road means more than minor repair
					 and dressing of the travel surface and removal of vegetation to allow vehicle
					 passage.
(6) Use of any roads not
					 shown in the Plan which would affect the key habitat of rare or endangered
					 Species or other critical wildlife habitat.
(7) Enlargement of Landings where such
					 enlargement was not justified in the original Plan.
(8) Any change of operation in, or
					 designation of, the Watercourse or Lake Protection Zone.
(9) Any downgrading of Watercourse
					 classification.
(10) A change to
					 Winter Period operations where summer operations were previously
					 specified.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.16 - Notice NTMP of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Director shall prepare a notice of filing which shall contain the basic
					 information contained in the notice of preparation (14 CCR §
												1090.2) plus the assigned NTMP
					 number.
(b) Within two (2) working
					 days of the date the Plan is filed, the Director shall transmit copies of the
					 notice of filing to:
(1) The Person
					 submitting the Plan.
(2) The office
					 of the County Clerk of the county in which the operations are proposed. The
					 notice of filing shall be posted at the normal place for posting environmental
					 notices.
(3) The local CAL FIRE
					 Unit headquarters for posting.
(4)
					 At such other locations as the Director may deem desirable and Feasible to
					 provide adequate public notice.
(5)
					 All public agencies having custodial responsibility for lands within three
					 hundred (300) feet of the NTMP boundary.
(6) Any Person requesting in writing a copy
					 of the notice of filing.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.18 - Director's Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall have forty-five (45) days from the
						date the initial inspection is completed, or in the event the Director
						determines that such inspection need not be made, forty-five (45) days from the
						date of filing of an accepted Plan in accordance with
						14 CCR
						§
												1090.16 or such longer period as may
						be mutually agreed upon by the Director and the Person submitting the Plan, to
						determine if the Plan is in conformance with the applicable Rules adopted by
						the Board. The Director shall insure that an interdisciplinary review team has
						had an opportunity to review each Plan before determining if the Plan conforms
						to the Rules of the Board. The Director shall consider all written comments
						regarding the Plan.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.7,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.4
						  and
						  4593.7,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.19 - Review Teams to be Established to Review Timber Management Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Interdisciplinary review teams shall be established by
						the Director to review Plans and assist the Director in the evaluation of
						proposed NTMP(s) and its impacts on the environment. The review team
						composition, function, tasks and procedures shall be the same as those
						described in
						14 CCR
						§
												1037.5.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.7,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.4
						  and
						  4593.7,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.20 - Nonconformance of NTMP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director determines that a Plan is not in
						conformance with the Rules of the Board the Plan shall be returned in
						accordance with
						14 CCR
						§
												1054. In addition, the Director shall
						state any changes and reasonable conditions that in the Director's professional
						judgment are needed to bring the Plan into conformance with the applicable
						Rules of the Board and offer to confer with the RPF in order to reach agreement
						on the conditions necessary to bring the Plan into
						conformance.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.7,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.4
						  and
						  4593.7,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.21 - Conformance of NTMP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director determines that the Plan is in
						conformance with the Rules, then the Person submitting the Plan shall be
						notified Timber Operations thereunder may only commence after submission of a
						Notice of Timber Operations as prescribed in
						14 CCR
						§
												1090.7.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.7,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.4
						  and
						  4593.7,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.22 - Notice of Conformance of the NTMP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten (10) working days of the date a Plan is found
						in conformance, the Director shall transmit a notice thereof to the agencies
						and Persons referred to in
						14 CCR
						§
												1090.17 and for posting at the places
						named in 14 CCR §
												1090.16. A copy of
						the notice shall be filed with the Secretary for Resources. The notice of
						conformance shall include a written response of the Director to significant
						environmental points raised during the evaluation process.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.7,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.4
						  and
						  4593.7,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.23 - Public Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notices of conformance, pursuant to
						14 CCR
						§
												1090.22 and notices of approval by the
						Board, pursuant to
						14 CCR
						§
												1054, shall be available for public
						inspection, and a list of such notices shall be posted on a weekly basis in the
						Office of the Resources Agency. Each such list shall remain posted for a period
						of thirty (30) days.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4593,
						  4593.4
						  and
						  4593.7,
						  Public Resources Code. Reference: Sections
						  4593
						  and
						  4593.8,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.24 - Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Amendments proposing Substantial Deviation from an
						original Plan shall be submitted to the Director in writing by the Person who
						submitted the original Plan, or the successor in interest. Substantial
						Deviations shall not be undertaken until such amendment has been filed and
						acted upon by the Director in the manner as required in article 6.5 of
						subchapter 6 of these Rules for the original Plan.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.8,
						  Public Resources Code. Reference: Sections
						  4593
						  and
						  4593.8,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.25 - Report Minor Deviations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Minor Deviations may be undertaken by the Person who
						submitted the NTMP or Notice of Timber Operations without submission of an
						amendment to the Plan and shall be reported immediately in writing to the
						Director.
Actions described in
						14 CCR
						§
												1090.14 which are normally presumed to
						be Substantial Deviations may, in a given instance, be Minor Deviations.
						Actions listed as Substantial Deviations in
						14 CCR
						§
												1090.14 but considered to be minor by
						the plan submitter, may be undertaken only if the plan submitter or the
						Designated Agent (if applicable) submits the proposed deviation in writing to
						the Director for review and receives approval.
Approval shall be given if the Director determines that
						the proposed Minor Deviation conforms to the standards provided in
						14 CCR
						§
												1090.14(a). The
						Director shall have five (5) working days to act on the application. If the
						Director or the representative of the Director does not act within five (5)
						working days of receipt of such a deviation, Timber Operations may commence
						pursuant to such amendment.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2.
						Amendment filed 8-7-95; operative 8-7-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 32).
3. Change without regulatory effect amending
						section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
4. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.9,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.8
						  and
						  4593.9,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.26 - Change of Timberland Owner(s)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon a change of ownership of the land
					 described in the NTMP, the transferring Nonindustrial Tree Farmer(s) or the
					 Designated Agent shall provide the acquiring timberland owner(s) with a written
					 transfer of responsibilities notice that discloses the existence of the NTMP
					 and informs the acquiring timberland owner(s) of the need to notify the
					 Department of the acquiring timberland owner's(s') intent to assume the
					 responsibilities of the NTMP. The transferring Nonindustrial Tree Farmer(s)
					 shall also send the Department a copy of the transfer of responsibilities
					 notice provided to the acquiring timberland owner(s).
(b) If the transferring Nonindustrial Tree
					 Farmer(s) fails to provide the notice required in
					 14 CCR
					 §
												1090.26(a) and the
					 Department discovers the change of ownership, the Department shall provide the
					 acquiring timberland owner(s) with the transfer of responsibilities
					 notice.
(c) The acquiring
					 timberland owner(s) shall have one (1) year from the date of receipt of the
					 transfer of responsibilities notice pursuant to either
					 14 CCR
					 §
												1090.26(a) or
					 14 CCR §
											1090.26(b),
					 whichever is applicable, to notify the Department in writing of their intent to
					 assume the responsibilities of the NTMP. If the Department does not receive
					 notification within this period, the Department may cancel the NTMP.
(d) A violation of this section by a
					 timberland owner(s) or Nonindustrial Tree Farmer(s) does not constitute a crime
					 pursuant to PRC §
											4601.
(e) After a Plan is found in conformance with
					 the Rules, the Director may file a notice of stocking requirements on the
					 property with the recorder of the county within which the Plan is located if
					 any area logged under a Notice of Timber Operations has not had a report of
					 satisfactory Stocking issued by the Director.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2.
						Amendment of section heading and section filed 6-2-2017; operative 1-1-2018
						pursuant to Public Resources Code section
						4554.5(a)
						(Register 2017, No. 22).
3. Change without regulatory effect
						amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
4. Amendment filed 11-14-2019;
						operative 1-1-2020 pursuant to Public Resources Code section
						4554.5
						(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Sections
						  4551
						  and
						  4593.10,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.4
						  and
						  4593.10,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.27 - Cancellation of Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All parties, who submitted Plans or their successors,
						must sign the request to the Director for cancellation of a Plan. Once cutting
						has commenced, the Plan may not be canceled except as to lands not
						harvested.
1. New
						section filed 7-11-91; operative 8-12-91 (Register 91, 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).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec.
						  13; and Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4593,
						  4593.4
						  and
						  4593.7,
						  Public Resources Code.
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 6.5 - Nonindustrial Timber Management Plan Administration › Section 1090.28 - State Restoration Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any other law, if a Person with a NTMP
						applies for state restoration grant funding for a restoration Project that has
						a significant public benefit, the application shall not be summarily denied on
						the basis that the Project is a required condition of the
						Plan.
1. New
						section filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code
						section
						4554.5(a)
						(Register 2017, No. 22).
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).
Note: Authority cited: Sections
						  4551,
						  4551.5,
						  4552
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  4597.19,
						  Public Resources Code.
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 1091.2 - Relation to THPs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If submitted, a SYP shall address issues of sustained
						timber production, watershed impacts and fish and wildlife by preparing an SYP
						for a Management Unit. The SYP shall not replace a THP. However, to the extent
						that sustained timber production, watershed impacts and fish and wildlife
						issues are addressed in the approved SYP, these issues shall be considered to
						be addressed in the THP; that is the THP may rely upon the
						SYP.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No.
						1).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.
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 1091.3 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Management Unit" means the part or parts of Timberland
						ownership which are analyzed together as part of an SYP and may include areas
						outside of an ownership when addressing watershed and wildlife issues. The
						Management Unit shall be limited to one forest District. The landowner has the
						option of including within their management unit their entire ownership within
						the forest District and any areas outside the District that the Director agrees
						are part of a logical management unit, or they may divide the ownership into
						management units based on administrative, regulatory and ecological factors
						with concurrence from the Director. The Management Unit must include one or
						more Planning Watersheds, and may include associated resource assessment
						areas.
"Planning Horizon" means the 100 year period over which
						sustained timber production, watershed, and fish and wildlife Effects shall be
						evaluated.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Amendment of "Management Unit" filed 5-16-94; operative 5-16-94 (Register 94,
						No. 20).
3. Amendment of "Management Unit" filed 8-7-95; operative
						8-7-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 32).
4. Change without regulatory effect amending
						section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.
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 1091.4 - Sustained Yield Plan Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contents of SYP. If a SYP is submitted,
					 it shall be prepared under the supervision of and signed by an RPF and shall
					 include the following information:
(1) Name
					 and Address of timber and Timberland owner.
(2) Ownership description and location,
					 including legal descriptions and maps depicting the ownership and Management
					 Units which shall be at a scale sufficient to allow the Director to determine
					 the area covered by the SYP.
(3)
					 Management objectives for resources addressed in the SYP, including timber
					 products.
(4) General narrative
					 description of the forest types, fish and wildlife habitats and Watercourses
					 and Lakes.
(5) Descriptions of
					 Management Units (e.g., Planning Watersheds or larger areas) and rationale for
					 Management Unit selection.
(6)
					 Identification and mapping of Planning Watersheds classified as sensitive
					 watersheds and description of the measures taken to protect resources within
					 those watersheds.
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 1091.5 - Fish and Wildlife Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following fish and wildlife issues shall be addressed
						in an SYP:
(a) Assessment Area. The
					 area for the fish and wildlife impacts assessment shall be at least the
					 Management Unit under the SYP and may include the entire ownership within a
					 forest District. Areas outside the ownership may be included as necessary to
					 assess the potential individual or cumulative effect of Timber Operations.
In areas with multiple ownerships, landowners may
						cooperate to establish a management unit and develop a fish and wildlife
						habitat assessment and management Plan.
(b) Impacts to be addressed. The Assessment
					 shall address threatened, endangered and Sensitive Species and other fish and
					 wildlife Species which Timber Operations could adversely impact, resulting in
					 significant adverse individual or cumulative impacts. The Assessment shall
					 address, as Feasible, such Species' habitat needs and the availability, shapes
					 and distribution of habitats in relation to harvest schedule and growth
					 projections and the impacts of harvesting on such habitats. The SYP shall
					 discuss and include Feasible measures planned to avoid or mitigate potentially
					 significant adverse environmental Effects on such fish and wildlife. The Plan
					 may also discuss positive Effects of the timber or Timberland owner's
					 operations on fish and wildlife.
For the initial ten year period, maps by Management Unit
						showing significant changes to WHR types or stand structure types that are
						likely to result from projected Timber Operations shall be included. For the
						remaining periods within the planning horizon, type changes shall, at a
						minimum, be discussed in a narrative manner (including tabular analyses by
						management unit) and may include maps.
(c) Where significant impacts are identified
					 and Feasible mitigation is not available, a THP relying upon the SYP shall
					 address these remaining impacts. Reasonable Mitigation considered but rejected
					 as infeasible shall be identified.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
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).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.