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 1 - Timber Operator Licenses › Section 1030 - Licensee: Change of Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a.
					 The licensee shall:
1. Maintain a California
					 mailing address to which official written communications from the Director
					 shall be sent and received.
2.
					 Provide such address on licensee's application.
3. Notify the Director at the Sacramento
					 office in writing within 15 days of any change of address.
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 2 - Timber Harvesting Plan › Section 1031 - Timber Harvesting Plan Availability. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-1-79; effective thirtieth day thereafter (Register 79, No.
						44).
2. Repealer field 9-26-89; operative 10-26-89 (Register 89, No.
						40).
Note: Authority cited: Sections
						  4551,
						  4552,
						  4582,
						  Public Resources Code. Reference: Section
						  4582.5,
						  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 2 - Timber Harvesting Plan › Section 1032 - Timber Harvesting Plan Filing Locations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Timber Harvesting Plan for proposed Timber Operations
						required by PRC §
											4581
						shall be submitted in writing to the Director on a form that meets these
						regulations at the following CAL FIRE Review Team Offices as
						appropriate:
Review Team Office
								Location
For Timber Operations
								In:
Forest Practice Program Manager
California Department of Forestry
and Fire Protection
Alameda, Colusa, Contra
								Costa, Del
135 Ridgway Ave.
Norte, Humboldt, Lake,
								Marin,
Santa Rosa, California
								95401-4318
Mendocino, Napa, San Mateo, Santa
707-576-2959
Clara, Santa Cruz,
								Solano,
SantaRosaPublicComment@fire.ca.gov
Sonoma,
								western Trinity, and Yolo
counties.
Forest Practice Program Manager
California Department of Forestry
and Fire Protection
Butte, Glenn, Lassen,
								Modoc, Nevada,
6105 Airport Road
Placer, Plumas, Shasta,
								Sierra,
Redding, California 96002
Siskiyou,
								Sutter, Tehama, eastern
530-224-2445
Trinity, and Yuba
								counties.
ReddingPublicComment@fire.ca.gov
Alpine, Amador, Calaveras, El
Dorado, Fresno, Imperial, Inyo,
Kern, Los Angeles, Madera,
Forest Practice Program Manager
Mariposa,
								Merced, Mono, Monterey,
California Department of Forestry
Orange,
								Riverside, San Benito, San
and Fire Protection
Bernardino, San Diego,
								San Luis
1234 E. Shaw Avenue
Obispo, Santa Barbara,
								Stanislaus,
Fresno, California 93710
Tuolumne, Tulare,
								and Ventura
559-243-4100
Counties.
FresnoPublicComment@fire.ca.gov
All
								Counties for Timberland
Conversion Applications, Timberland
Conversion Permit Application Fees,
and Conversion Plans.
Environmental Coordinator
California Department of Forestry
and Fire Protection
P.O. Box 944246
Sacramento, California 94244-2460
or
715 P Street
Sacramento, California 95814
916-902-5090
SacramentoPublicComment@fire.ca.gov
1. Change
						without regulatory effect repealing section and adopting new section filed
						12-17-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 51).
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 section filed 10-12-2021 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 42).
Note: Authority cited: Sections
						  4551
						  and
						  4552,
						  Public Resources Code. Reference: Section
						  4581,
						  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 2 - Timber Harvesting Plan › Section 1032.7 - Plan Submittal and Notice of Intent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Plan shall be submitted by the Person
					 who owns, leases, contracts, or operates on Timberland to harvest timber for
					 commercial purposes.
(b) Where the
					 land or timber is owned or operated by parties other than the Person executing
					 the Plan, the Person submitting the Plan shall give prompt written notice of
					 such Plan to those parties.
(c) The
					 RPF preparing the Plan shall submit to the Director, with the Plan, a Notice of
					 Intent to Harvest Timber (Notice of Intent) if:
(1) any proposed Plan boundary lies within
					 three-hundred (300) feet of any property not owned by the Timberland owner,
					 or
(2) any Plan amendment that
					 changes a Plan boundary so that the new boundary lies within three-hundred
					 (300) feet of property not owned by the Timberland owner, or
(3) any Plan amendment changes the
					 silvicultural method if a Notice of Intent was required for the Plan by
					 condition (1) or (2) above or,
(4)
					 any overhead electrical power line, except a line from a transformer to a
					 service panel, is present within the Plan area or within two-hundred (200) feet
					 outside the Plan boundary, or
(5)
					 any Plan amendment changes a Plan boundary so that any overhead electrical
					 power line, except a line from a transformer to a service panel, is within the
					 new boundary or is within two-hundred (200) feet outside the new Plan
					 boundary.
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 2 - Timber Harvesting Plan › Section 1032.8 - Notice of Intent-Distribution by Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall distribute copies of each Notice of
						Intent within 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.
1. New
						section filed 2-2-82; effective thirtieth day thereafter (Register 82, No.
						6).
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
						  21092,
						  Public Resources Code. Reference: Sections
						  4581,
						  4582,
						  4582.4,
						  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 2 - Timber Harvesting Plan › Section 1032.9 - Request for Notification of Timber Harvesting Plan 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 Plans submitted each
					 day.
(b) When any Person requests
					 notice of submissions of timber harvesting Plans, the Director shall provide
					 the Person, free of charge, with a copy of the list of timber harvesting Plans
					 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.
						Renumbering and amendment of Section
						1037.2 to Section
						1032.9 filed 2-2-82; effective
						thirtieth day thereafter (Register 82, No. 6). For history of former section,
						see Register 78, No. 31.
2. Change without regulatory effect
						amending subsection (a) 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).
Note: Authority cited: Sections
						  4551,
						  4551.5,
						  4552
						  and
						  4582.4,
						  Public Resources Code; and Section
						  14880,
						  Government Code. Reference: Sections
						  4581,
						  4582,
						  4582.4,
						  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 2 - Timber Harvesting Plan › Section 1032.10 - Request for Information on Domestic Water Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The THP submitter shall provide notice by letter to all
						other landowners within 1,000 feet downstream of the THP boundary whose
						ownership adjoins or includes a Class I, II, or IV Watercourse(s) which
						receives surface drainage from the proposed Timber Operations. The notice shall
						request that the THP submitter be advised of surface Domestic Water Use from
						the Watercourse, within the THP or within 1,000 feet downstream of the THP
						boundary. When required to notice by letter publication shall also be given one
						time by the THP submitter in a newspaper of general circulation in the area
						affected by the proposed Project. Such letter and publication shall notify the
						party of the proposed Timber Operation and describe its legal location and
						identify the name, if any, of the Watercourse it may affect. The letter and
						publication shall request a response by the property owner within ten days of
						the post-marked date on the letter or the date of publication as appropriate.
						The RPF may propose, with justification and explanation, an exemption to such
						notification requirements, and the Director may agree. Copies of either notice,
						proof of service and publication, and any responses shall be attached to the
						THP when submitted. If domestic use is noted, the Plan shall contain
						mitigations necessary to protect Domestic Water Use. The Plan shall not be
						submitted until ten days after the above notification(s) have been
						done.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history,
						see Register 92, No. 40.
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. Change without regulatory
						effect amending section filed 12-20-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited: Sections
						  4551
						  and
						  4582.3,
						  Public Resources Code. Reference: Sections
						  4551,
						  4581,
						  4582.3,
						  21080
						  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 2 - Timber Harvesting Plan › Section 1033 - Filing Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The filing date is the date on which the Plan is found by
						the Director to be accurate, complete, and in proper order.
1. 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
						  4552,
						  Public Resources Code. Reference: Sections
						  4582
						  and
						  4583,
						  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 2 - Timber Harvesting Plan › Section 1034 - Contents of Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Plan shall serve two functions: to provide
						information the Director needs to determine whether the proposed Timber
						Operation conforms to the Rules of the Board; and to provide information and
						direction to Timber Operators so that they comply with the Rules of the Board.
						For the Plan to serve these functions, it shall, as a minimum, contain the
						following information:
(a) Name,
					 address, and telephone number of the Timber Owner(s).
(b) Name, address, and telephone number of
					 the Timberland owner(s).
(c) Name,
					 address, telephone number, and License number of the Timber
					 Operator(s).
(d) Name, address, and
					 telephone number of a Person to be contacted on the operation who will be
					 responsible for the conduct of the Timber Operation. If unknown at the time of
					 Plan submission, it shall be provided prior to the start of Timber
					 Operations.
(e) Name, address, and
					 telephone number of the Plan submitter. If the submitter is not a Person
					 indicated in (a), (b), or (c) above, an explanation of his/her authority to
					 submit the Plan shall be provided.
(f) Name, address, telephone number, and
					 registration number of RPF who prepared the Plan. The Plan required for
					 Timberland conversion does not have to be prepared by an RPF.
(g) A description of the Plan area within
					 which Timber Operations are to be conducted. The description shall include the
					 following:
(1) U.S. Geological Survey (USGS)
					 Quadrangle name(s) and date(s),
(2)
					 township, range, and section number(s),
(3) county name(s),
(4) CALWATER 2.2 Planning Watershed
					 number(s), and
(5) approximate
					 acreage.
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 2 - Timber Harvesting Plan › Section 1034.1 - Plan Submittal. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of Section
						1034.1 to Section
						1032.7 filed 2-2-82; effective
						thirtieth day thereafter (Register 82, No. 6).
Note: Authority cited: Sections
						  4551,
						  4551.5,
						  21080
						  and
						  21092,
						  Public Resources Code; NRDC v. Arcata National Corp. (1976), 59 Cal. App. 3d
						  959; Horn v. Ventura County (1979), 24 Cal. 3d 605. Reference: Sections
						  4551,
						  4581,
						  4582,
						  4582.5,
						  4592,
						  21080
						  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 2 - Timber Harvesting Plan › Section 1034.2 - 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, the
						parties, at the request of either party shall confer on the Plan area during
						the initial pre-harvest inspection provided for by law to reach agreement if
						possible on the conditions and standards to be included in the
						Plan.
1. 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
						  4552,
						  Public Resources Code. Reference: Sections
						  4582.7
						  and
						  4582.75,
						  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 2 - Timber Harvesting Plan › Section 1035 - 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 THP certifying knowledge of the
					 Plan contents and the requirements of this section.
(d)
(1)
					 Retain an RPF who is available to provide professional advice to the LTO and
					 Timberland owner upon request throughout the active Timber Operations
					 regarding:
(A) the Plan,
(B) the Forest Practice Rules, and
(C) other associated regulations pertaining
					 to Timber Operations.
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 2 - Timber Harvesting Plan › Section 1035.1 - Registered Professional Forester Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon submission of a THP, the Registered
					 Professional Forester (RPF) who prepares and signs a Plan is responsible for
					 the accuracy and completeness of its contents.
(1) The RPF preparing the Plan shall state in
					 the THP the work which will be performed by the RPF plan preparer (beyond
					 preparation of the THP and attending the pre-harvest inspection if requested by
					 the Director), and any additional work requiring an RPF which the plan preparer
					 does not intend to perform. This may include, but is not limited to, field work
					 in identifying WLPZs or Special Treatment Areas, marking trees, or other
					 activities. The RPF is only responsible for the activities set forth in the
					 Plan when employed for that purpose, or required by Board rules. The RPF shall
					 state whether or not they have been retained to provide professional advice
					 throughout the Timber Operations.
(2) The RPF preparing the Plan shall, in
					 writing, inform the plan submitter(s) of their responsibility pursuant to
					 14 CCR
					 §
													1035, and the timberland owner(s) of
					 their responsibility for compliance with the requirements of the Act and where
					 applicable, Board rules regarding site preparation, stocking, and maintenance
					 of roads, landings, and erosion control facilities.
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 2 - Timber Harvesting Plan › Section 1035.2 - Interaction Between RPF and LTO

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After approval of the Plan, but before
					 commencement of Timber Operations by each LTO assigned to the Plan, 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 Timber
					 Operations. The purpose of the meeting shall be for the RPF to familiarize the
					 LTO with the Plan, the Plan area, and specific applicable requirements of the
					 Plan. The meeting shall be on-site if requested by either the RPF or LTO. An
					 on-site meeting is required between the RPF or Supervised Designee familiar
					 with on-site conditions and LTO to discuss protection of any archaeological or
					 historical sites requiring protection if any such sites exist within the site
					 survey area pursuant to Section
					 929.2 [949.2, 969.2](b).
(b) The RPF shall notify the LTO of any
					 amendment to the Plan affecting Timber Operations. An on-site meeting to review
					 amendments affecting Timber Operations shall occur if requested by either the
					 RPF or LTO.
1.
						Repealer and new section filed 9-26-89; operative 10-26-89 (Register 89, No.
						40). For prior history, see Registers 88, No. 32 and 79, No. 44.
2.
						Amendment filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
3. Amendment first paragraph filed 11-26-97;
						operative 1-1-98 pursuant to Public Resources Code section
						4554.5
						(Register 97, No. 48).
4. Amendment filed 11-14-2017; operative
						1-1-2018 pursuant to Public Resources Code section
						4554.5
						(Register 2017, No. 46).
Note: Authority cited: Sections
						  4551
						  and
						  4552,
						  Public Resources Code. Reference: Sections
						  4581
						  and
						  4582,
						  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 2 - Timber Harvesting Plan › Section 1035.3 - Licensed Timber Operator Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each affected LTO shall:
(a) Sign the Plan and major amendments to the
					 Plan, or sign and file with the Director a facsimile of such Plan or
					 amendments, agreeing to abide by the terms and specifications of the Plan. This
					 shall be accomplished prior to implementation of the following; which the
					 affected LTO has responsibility for implementing:
(1) those operations listed under the Plan
					 and
(2) those operations listed
					 under any amendments proposing substantial deviations to the approved
					 Plan.
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 2 - Timber Harvesting Plan › Section 1035.4 - Notification of Commencement of Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each calendar year, within fifteen days before, and not
						later than the day of the start up of a Timber Operation, the Timber Harvesting
						Plan Submitter, unless the THP 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 7-28-88; operative 8-27-88 (Register 88, No. 32).
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,
						  4553
						  and
						  4604,
						  Public Resources Code. Reference: 4551, 4551.5 and 4582, 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 2 - Timber Harvesting Plan › Section 1036 - Deviations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-26-78 as an emergency; designated effective 7-6-78.
						Certificate of Compliance included. Issuing agency: Board of Forestry (Register
						78, No. 28).
2. Relocation of definitions in former section
						1036 to section
						895.1 and repealer of section
						1036 filed 11-7-96; operative
						1-1-97 (Register 96, No. 45).
Note: Authority cited: Section
						  4591.1,
						  Public Resources Code. Reference: Sections
						  4583.2
						  and
						  4591.1,
						  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 2 - Timber Harvesting Plan › Section 1036.1 - Murrelet Protection Before Notice of Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For any THP which has been found to be in conformance
						with THP filing and review procedures and approved by the Director, but as to
						which no Notice of Completion (PRC §
											4586)
						has been filed, when there is evidence that the THP area contains an active
						murrelet site or possesses a potential impact to a murrelet, the THP submitter
						shall immediately request a conference with CDFW or USFWS (in the event of
						Federal listing) to determine appropriate measures for protection of the
						Species. Any additional mitigations for Species protection which are developed
						through consultation with CDFW or USFWS after initial submittal of the THP
						shall be submitted to the Director in the form of an amendment to the THP
						pursuant to
						14 CCR
						§
												1036.
1. New
						section filed 11-1-91 as an emergency; operative 11-1-91 (Register 92, No. 25).
						A Certificate of Compliance must be transmitted to OAL 3-2-92 or emergency
						language will be repealed by operation of law on the following
						day.
2. Repealed by operation of law and new section filed 5-19-92;
						operative 6-18-92 (Register 92, No. 26).
3. Editorial correction of
						HISTORY 1 (Register 95, No. 41).
4. Change without regulatory effect
						amending section filed 2-17-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 7).
5. 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: Section
						  4591.1,
						  Public Resources Code. Reference: Sections
						  4583.2
						  and
						  4591.1,
						  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 2 - Timber Harvesting Plan › Section 1037 - THP Preharvest Inspection-Filing Return

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten (10) days of the receipt of a Plan, or within
						twenty (20) days of the receipt of a Plan to which a Road Management Plan is
						appended, the Director shall determine if the Plan is accurate, complete and in
						proper order, and if so, the Plan shall be filed. During this same period, the
						Director shall determine if a preharvest inspection is necessary. When the
						Director finds a Plan inaccurate, incomplete, or otherwise not in proper order,
						the Plan shall be returned to the submitter with written specifications of the
						deficiencies.
If a preharvest inspection is to be held, the LTO who
						will operate under the Plan, if known, shall be invited to
						participate.
1.
						Amendment filed 2-2-82; effective thirtieth day thereafter (Register 82, No.
						6).
2. New final paragraph filed 11-30-2000; operative 1-1-2001
						pursuant to Public Resources Code section
						4554.5
						(Register 2000, No. 48).
3. Amendment of first paragraph and NOTE
						filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section
						4554.5(a)
						(Register 2007, No. 48).
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,
						  4551.5,
						  4552,
						  4582.7
						  and
						  21080.5,
						  Public Resources Code; and NRDC v. Arcata National Corp. (1976), 59 Cal. App.
						  3d 959, 131 Cal.Rptr. 172. Reference: Sections
						  4581,
						  4582,
						  4582.5,
						  4582.6,
						  4582.75,
						  4592,
						  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 2 - Timber Harvesting Plan › Section 1037.1 - Notice 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 Intent (14 CCR §
												1032.7) plus the assigned timber harvesting
					 Plan number.
(b) Within 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 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 91.44
					 meters (300 feet).
(6) Anyone else,
					 as required by PRC §§
												4582.4
					 and
					 4582.6.
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 2 - Timber Harvesting Plan › Section 1037.2 - Request for Notices. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of Section
						1037.2 to Section
						1032.9 filed 2-2-82; effective
						thirtieth day thereafter (Register 82, No. 6).
Note: Authority cited: Sections
						  4551,
						  4551.5,
						  4552
						  and
						  4582.4,
						  Public Resources Code; Section
						  14880,
						  Government Code. Reference: Sections
						  4581,
						  4582,
						  4582.4,
						  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 2 - Timber Harvesting Plan › Section 1037.4 - Director's Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall have 30 days from the date the initial
						inspection is completed (ten of these days shall be after the final interagency
						review), or in the event the Director determines that such inspection need not
						be made, 15 days from the date of filing of an accepted Plan in accordance with
						14 CCR
						§
												1037, or such longer period as may be
						mutually agreed upon by the Director and the Person submitting the Plan, to
						review the Plan and take public comment. After the initial review and public
						comment period has ended, the Director shall have up to fifteen working days,
						or a longer period mutually agreed upon by the Director and the Person
						submitting the Plan, to review the public input, to consider recommendations
						and mitigation measures of other agencies, to respond in writing to the issues
						raised and 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. The Director shall
						review and consider the recommendations made on each Plan by the
						interdisciplinary review team before determining if the Plan conforms to the
						Rules of the Board. The Director shall consider all written comments regarding
						the Plan.
1.
						Amendment filed 8-3-78; effective thirtieth day thereafter. Issuing agency:
						Board of Forestry (Register 78, No. 31).
2. Amendment filed 8-9-83;
						designated effective 10-1-83 (Register 83, No. 37).
3. Amendment
						filed 9-17-90; operative 10-17-90 (Register 90, No. 43).
4.
						Editorial correction of printing error in HISTORY 3. (Register 91, No.
						31).
5. Change without regulatory effect amending section filed
						5-22-2002 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2002, No. 21).
6. 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
						  4552,
						  Public Resources Code. Reference: Sections
						  4582.7
						  and
						  4582.75,
						  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 2 - Timber Harvesting Plan › Section 1037.6 - Nonconformance of Plan

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.
						Renumbering of Section
						1037.5 to Section
						1037.6 filed 2-2-82; effective
						thirtieth day thereafter (Register 82, No. 6).
2. Amendment of
						section and new NOTE 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).
Note: Authority cited: Sections
						  4551
						  and
						  21080.5,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551.5,
						  4582.6,
						  21000(g),
						  21002
						  and
						  21080.5,
						  Public Resources Code; and Natural Resources Defense Council, Inc. v. Arcata
						  Nat. Corp. (1976) 59 Cal.App.3d 959; 131 Cal.Rptr.
						  172.
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 2 - Timber Harvesting Plan › Section 1037.7 - Conformance of Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director determines that the Plan is in
						conformance with the Rules of the Board, then the Person submitting the Plan
						shall be notified, and Timber Operations thereunder may
						commence.
1.
						Amendment filed 8-3-78; effective thirtieth day thereafter. Issuing agency:
						Board of Forestry (Register 78, No. 31).
2. Renumbering of Section
						1037.6 to Section
						1037.7 filed 2-2-82; effective
						thirtieth day thereafter (Register 82, No. 6).
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: Sections
						  4551
						  and
						  4552,
						  Public Resources Code. Reference: Sections
						  4582.7
						  and
						  4582.75,
						  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 2 - Timber Harvesting Plan › Section 1037.8 - Notice of Conformance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time the Director notifies the Plan submitter that
						the Plan has been found in conformance, as described in
						14 CCR
						§
												1037.7, the Director shall transmit a
						notice thereof to the agencies and Persons referred to in
						14 CCR
						§
												1037.3, and for posting at the places
						named in 14 CCR §
												1037.1. 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 issues raised during the evaluation process.
1.
						Renumbering of section
						1037.7 to section
						1037.8 filed 2-2-82; effective
						thirtieth day thereafter (Register 82, No. 6).
2. Amendment and new
						NOTE filed 4-29-92; operative 5-29-92 (Register 92, No. 18).
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: Sections
						  4551,
						  4552
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  4552,
						  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 2 - Timber Harvesting Plan › Section 1037.9 - Public Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notices of Conformance, pursuant to
						14 CCR
						§
												1037.7 and notices of approval by the
						Board, pursuant to
						14 CCR
						§
												1037.6, 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 30 days.
1.
						Renumbering of Section
						1037.8 to Section
						1037.9 filed 2-2-82; effective
						thirtieth day thereafter (Register 82, No. 6).
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).
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 2 - Timber Harvesting Plan › Section 1037.10 - Review Period Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In counties for which Rules and regulations have been
						adopted pursuant to PRC §
											4516.5,
						no timber harvesting Plan shall be approved by the Director until 35 days from
						the date of filing of the Plan unless the Director finds that the proposed
						Timber Operations will cause no significant environmental damage or threat to
						public health and safety or the environment or that the Timber Operations are
						necessary to reduce such a threat. The Director may waive or shorten the time
						period for approval:
(a) If all of the
					 following are true of the Plan.
(1) No new
					 road construction;
(2) No road
					 reconstruction that involves substantial change in the original Road
					 Prism;
(3) No Timber Operations on
					 slopes in excess of 60%;
(4) No
					 Timber Operations in Special Treatment Areas;
(5) No Timber Operations within Watercourse
					 and Lake Protection Zones;
(6) No
					 Timber Operations on Unstable Soils;
(7) No Timber Operations within 500 feet of
					 an Active Nesting site rare or endangered bird Species;
(8) No Timber Operations on areas with high
					 or extreme Erosion Hazard Rating;
(9) The Harvest Area will be stocked at
					 completion of Timber Operations;
(10) No threat to public safety is involved;
					 and
(11) No public hearing has been
					 requested by the county.
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 2 - Timber Harvesting Plan › Section 1037.11 - Notice of Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director decides to waive or shorten the time
						period for Plan review pursuant to
						14 CCR
						§
												1037.10, he or she shall give notice
						within three working days of that determination to all Persons or agencies to
						whom a Notice of Intent was sent.
1. New
						section filed 9-6-85; effective thirtieth day thereafter (Register 85, No.
						36).
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: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5,
						  4516.6,
						  4582.4
						  and
						  4582.6,
						  Public Resources Code; and Sections
						  1032.7,
						  1032.8 and
						  1037.10, Title 14, California
						  Administrative 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 2 - Timber Harvesting Plan › Board Technical Rule Addendum NO. 4

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
						here to view image
Click
						here to view image
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 2 - Timber Harvesting Plan › Section 1038.1 - Additional Exceptions or Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Preparation or submittal of a notice of exemption
						described in
						14 CCR
						§
												1038, or Timber Operation thereunder,
						shall comply with the additional exceptions or requirements as
						described.
(a) A notice of exemption,
					 pursuant to
					 14 CCR
					 §
												1038, shall be submitted to the
					 Director, on a form provided by the Department, prior to the commencement of
					 Timber Operations. The form shall contain the following information:
(1) The type of exemption.
(2) Name(s), address, and telephone number(s)
					 of the Timber Owner(s), timberland owner(s), and Timber Operator.
(3) Name, address, and telephone number and
					 license number of the RPF, if applicable.
(4) Legal description of the location of the
					 Timber Operation.
(5) The tentative
					 date of commencement of Timber Operations.
(6) A signature of the landowner certifying
					 that they are the landowner and have read and understand the information
					 contained within the notice of exemption.
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 2 - Timber Harvesting Plan › Section 1038.4 - Mapping Standards for the Forest Fire Prevention Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An exemption pursuant to this
						14 CCR
						§
												1038.4 will be mapped on a USGS 7
						½ minute quadrangle map, or equivalent topographic maps, and shall
						contain all required information stated within this section. Additional maps,
						which may be topographic or planimetric, may be used to provide the information
						required in this section, to show specific details, and to improve map clarity.
						Appurtenant Roads may be shown on a separate map which may be planimetric with
						a scale as small as one-half inch equals one mile. Color coding may not be
						used. A legend shall be included indicating the meaning of symbols used.
(a) Boundaries of the Logging Area.
(b) Boundaries of Yarding (logging) systems,
					 if more than one system is used.
(c) Location of all roads to be used for, or
					 potentially impacted by, Timber Operations. This shall include:
(1) The classification of all roads as
					 proposed, Permanent, Seasonal, Temporary, Deactivated, or proposed for
					 Abandonment.
(2) Roads and Landings
					 located in Watercourses, Lakes, WLPZs, marshes, Wet Meadows and Other Wet
					 Areas, other than at road Watercourse crossings.
(3) Logging Roads that provide access to rock
					 pits and water drafting sites, and the location of water drafting
					 sites.
(4) Public Roads within
					 one-quarter ( ¼ ) mile of the Harvest Area.
(5) The location of Significant or Existing
					 Potential Erosion Sites on all Roads and Landings pursuant to
					 14 CCR
					 §
													923.1(e).
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 2 - Timber Harvesting Plan › Section 1038.5 - Post-Fire Recovery Exemption. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering of former section
						1038, subsections (n)-(n)(7)(A) to
						new section
						1038.5, including amendments,
						filed 2-19-2019 as an emergency; operative 2-19-2019 (Register 2019, No. 8).
						Pursuant to Statutes 2018, chapter 626, section
						46 (SB 901), this action is deemed
						an emergency and shall remain in effect until revised by the Board of Forestry
						and Fire Protection.
2. Editorial correction of HISTORY 1 (Register
						2019, No. 13).
3. Readoption of 10-29-2018 order (amending former
						section 1038, subsections (n)-(n)(7)(A),
						subsequently renumbered to new section
						1038.5 on 2-19-2019) filed
						3-29-2019 as an emergency, including further amendments; operative 3-29-2019
						(Register 2019, No. 13). A Certificate of Compliance must be transmitted to OAL
						by 6-27-2019 or emergency language will be repealed by operation of law on the
						following day.
4. Readoption of 3-29-2019 order (amending former
						section 1038, subsections (n)-(n)(7)(A),
						subsequently renumbered to new section
						1038.5 on 2-19-2019) filed
						6-27-2019 as an emergency; operative 6-27-2019 (Register 2019, No. 26). A
						Certificate of Compliance must be transmitted to OAL by 9-25-2019 or emergency
						language will be repealed by operation of law on the following
						day.
5. Reinstatement of section as it existed prior to 3-29-2019
						emergency amendment by operation of Government Code section
						11346.1(f)
						(Register 2019, No. 39).
6. Repealer filed 11-14-2019; operative
						1-1-2020 pursuant to Public Resources Code section
						4554.5(a)
						(Register 2019, No. 46).
Note: Authority cited: Sections
						  4551,
						  4553
						  and
						  4584,
						  Public Resources Code. Reference: Sections
						  4290,
						  4291,
						  4516,
						  4527,
						  4527.5,
						  4584
						  and
						  4597,
						  Public Resources Code; and EPIC v. California Department of Forestry and Fire
						  Protection and Board of Forestry (1996) 43 Cal.App.4th
						  1011.