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California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 3 - Eligibility › Section 1572.1 - Eligible Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following costs are eligible for reimbursement by state
					 or federal funding:
(a) the purchase
				  price of the lands or interests in lands;
(b) the development of the conservation
				  easement;
(c) development of the
				  Forest Stewardship Plan;
(d) the
				  title report;
(e) the survey work
				  necessary to qualify for a certificate of possession and documentation of the
				  presence or absence of hazardous material;
(f) baseline documentation; and
(g) the appraisal costs to the standard
				  dictated by funds used.
If federal funds are used for the project the appraisal
					 must meet Federal Appraisal Standards. Federal funds can not be used for
					 appraisals of outright donations of easements. All Federal Forest Legacy
					 Program funds, regardless of the category to which they are allocated, are
					 subject to a 25% nonfederal match.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Section
						12242,
						Public Resources Code; and 16 U.S.C. Section 2103 et
						seq.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 3 - Eligibility › Section 1572.2 - Ineligible Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The cost of the following activities shall not be financed
					 by funds from the Act:
(a) appraisals
				  of outright donations of conservation easements; and
(b) monitoring.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Sections
						12260(f)
						and
						12276,
						Public Resources Code; and 16 U.S.C. Section 2103 et
						seq.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 4 - Application Procedures › Section 1573 - Applications and Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every application shall provide sufficient information to
					 enable the Director to verify the parcel's eligibility for the Program and to
					 understand the conservation objectives and the parcel's environmental value or
					 potential to protect forest and aquatic resources. Landowners proposing parcels
					 to be considered for inclusion in the Program shall be required to submit an
					 application, provided by the Director, titled "California's Forest Legacy
					 Application" (rev. March 2005), found at
					 http://www.fire.ca.gov/resource_mgt/downloads/2005-06LegacyApplicationForm.pdf,
					 and herein incorporated by reference, that includes, but is not necessarily
					 limited to, the following information:
(a) name and address of landowner;
(b) location, zoning, acreage, and uses of
				  the property;
(c) how title is to
				  be conveyed;
(d) landowner goals
				  and objectives;
(e) an evaluation
				  of the values of the parcel as they pertain to riparian and hydrological areas,
				  vegetation type, recreational opportunities, scenic and cultural resources,
				  forest productivity, fish and wildlife habitat, threatened and endangered
				  species, ecological community and connectivity, conversion threats,
				  acquirability, and manageability;
(f) financial information regarding estimated
				  value of the property, estimated value of the interest to be conveyed to the
				  Program, additional funding sources, liens and encumbrances;
(g) preliminary information on what rights
				  are to be retained or conveyed within the conservation easement; and
(h) the signature of the landowner or legal
				  agent allowing Department personnel or their agents access to the property, at
				  a mutually agreeable time, for purposes of verifying eligibility and/or
				  determining ranking.
1. New
					 article 4 (sections
					 1573-1573.6) and section filed
					 4-29-2011; operative 4-29-2011 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Section
						12250,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 4 - Application Procedures › Section 1573.1 - Applications Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall determine whether the application
					 proposed for inclusion in the Program meets the eligibility criteria prescribed
					 by Section
					 1572. The Director shall determine
					 eligibility of an application within 180 days of the date of receipt, and shall
					 notify the applicant in writing of approval or disapproval of the application
					 within 10 days of the decision of the Director. The written notice regarding a
					 disapproval decision shall state the reason for the disapproval of the
					 application and what changes, if any, can be made to warrant a
					 re-submittal.
Parcels for which applications have been submitted shall
					 require a field review by representatives of CAL FIRE and also may require a
					 field review by representatives of the Department, USDA Forest Service and/or
					 members of the SFSCC and/or representatives of the WCB and/or personnel from
					 other agencies as may be necessary to assess the eligibility and the
					 environmental value of the proposed parcel.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Sections
						12249
						and
						12249.6,
						Public Resources Code. Reference: Sections
						12250
						and
						12263,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 4 - Application Procedures › Section 1573.2 - Disapproval of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director may disapprove an application in any of the
					 following circumstances:
(a) The
				  application does not satisfy the eligibility criteria or selection
				  criteria.
(b) Clear title to the
				  specified interest (i.e. conservation easement or fee simple title) in the land
				  cannot be conveyed.
(c) At the time
				  funding was requested, other projects ranked higher.
(d) There is insufficient money allocated
				  through the federal or state process to carry out the acquisition.
(e) The applicant requires a government
				  entity other than the Department of Forestry and Fire Protection to hold title
				  to the easement, when the primary purpose of said easement would be
				  conservation of working forest lands (not applicable to lands primarily
				  conserved for wildlife or recreational purposes).
(f) Other relevant considerations may be
				  established by the Director on a case-by-case basis including, but not limited
				  to, when the parcel cannot be effectively managed or monitored.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: 12249, Public Resources Code.
						Reference: Section
						12264,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 4 - Application Procedures › Section 1573.3 - Priority Ranking of Approved Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each approved application shall be ranked
				  based upon the extent to which it satisfies the following selection criteria:
(1) The nature of the environmental values
				  proposed for protection, and whether they can be managed and monitored
				  efficiently and effectively.
(2)
				  Whether the parcels are likely to become isolated from other areas maintained
				  for key forest resources by development on adjacent parcels.
(3) The parcel's proximity to other protected
				  lands.
(4) Whether the landowner's
				  management goal for his or her parcel is compatible with the resource
				  protections he or she is proposing.
(5) Whether a nonprofit land trust
				  organization, public agency, or other suitable organization has expressed an
				  interest in working with the Department and the landowner to establish and/or
				  monitor the easement.
(6) Whether
				  other sources of funding for easement acquisition, closing costs, monitoring,
				  and other costs, are available.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 4 - Application Procedures › Section 1573.4 - Submitting Ranked Applications to the United States Forest Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Once a year, following written direction from the USDA
					 Forest Service (USFS), the Director shall rank all accepted applications. The
					 list of ranked applications shall be submitted to the USFS.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Sections
						12240
						and
						12260,
						Public Resources Code; and 16 U.S.C. Section 2103 et
						seq.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 4 - Application Procedures › Section 1573.5 - Availability of State Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Projects may be funded with California Forest Legacy
					 Program funds or other State funding sources if sufficient funds are allocated
					 for that purpose.
The Director shall seek a resolution from the Board when
					 necessary to enter into agreements with other government agencies or boards to
					 fund FLP projects.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Section
						12241,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 4 - Application Procedures › Section 1573.6 - Non-Funded or Partially Funded Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants whose projects were on the list of ranked
					 applications submitted to the USFS pursuant to Section
					 1573.4 but did not receive funding
					 shall be notified. Non-funded and partially funded applications will
					 automatically be considered for the next cycle of funding unless the applicant
					 wishes to withdraw the application. Applications may be amended at this time
					 pursuant to Section
					 1573.1.
Held-over applications and amended eligible applications
					 will be ranked each year with new applications according to Section
					 1573.3.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Section
						12241,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 5 - Conservation Easements › Section 1574 - Conservation Easement Terms and Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Recreation projects that perpetually
				  prohibit timber harvest and or grazing are limited to not more than 15% of the
				  timberland and not more than 15% of the grazing land respectively.
(b) Perpetual protections that prohibit
				  timber harvesting are limited to not more than 15% of the property.
(c) Perpetual forest management prescriptions
				  on all of the timberland on the property, except that timberland preserved
				  pursuant to (a) or (b) above, will provide for the long term optimization of
				  MSP.
(d) Perpetual forest
				  management prescriptions that provide for the long term optimization of MSP
				  shall also contribute to the long term protection and rehabilitation of
				  watershed function, hydrologic stability and wildlife habitat.
(e) Perpetual protections shall include the
				  prohibition of the building of structures and roads in any capacity other than
				  for the potential purposes of:
(1) Owner and
				  on-property management & labor housing.
(2) Open-space based commercial
				  recreation.
(3) Production,
				  processing or value added manufacturing of forest or rangeland derived products
				  produced on the property.
(4) The
				  generation or capture of energy from wind, solar, or hydroelectric.
(5) Placement of cell phone towers.
(6) The Director may place restrictions, such
				  as to size and location, for any or all of the purposes described in (1)
				  through (5) above and may require the grantor to seek grantee's prior written
				  approval. When such written approval is required, grantee shall consider the
				  cumulative impact of all structures and improvements, and shall not approve
				  such structures or improvements that cumulatively violate the conservation
				  purpose or materially impair the conservation values.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 6 - Project Administration › Section 1575 - Funded Applications (Projects)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For those projects which have been fully or partially
					 funded, the Director shall notify the applicant that he/she has been awarded
					 funding for the project.
1. New
					 article 6 (sections
					 1575-1575.3) and section filed
					 4-29-2011; operative 4-29-2011 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Section
						12262,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 6 - Project Administration › Section 1575.1 - Responsibilities of the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall send to each approved applicant a
					 Preliminary Purchase Agreement outlining what, in general, is to be purchased
					 and the tasks to be completed, and stating that the specific terms will not be
					 known until the appraisal is complete (if the project is not a donated
					 easement).
The purpose of the Preliminary Purchase Agreement is to
					 define the nature of the work to be done and who will do it. The Department
					 shall work with the landowner and/or their representative to obtain items
					 necessary to complete the project; these may include, but are not limited to,
					 the preliminary title report, survey for certificate of possession, hazardous
					 materials assessment, and, where applicable, development of the conservation
					 easement and appraisal.
Except in the case of a full and complete donation of land
					 or interest in land the following shall apply with regard to land or interest
					 in land subject to inclusion into the Program:
(a) the landowner must be informed of the
				  fair market value of that sale of the property and that the sale is strictly
				  voluntary;
(b) the landowner must
				  be informed that Federal and/or State appraisal standards must be
				  met;
(c) the landowner must be
				  notified in writing that the property will not be purchased if negotiations do
				  not result in amicable agreement; and
(d) the landowner must be informed that
				  payment for lands or interests in lands shall be no more than fair market value
				  as determined by the appraisal.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Section
						12249,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 6 - Project Administration › Section 1575.2 - Landowner Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants whose projects are fully funded (i.e., funds
					 allocated to the project sufficient to satisfy the landowner's "asking" price,
					 but not in excess of the appraised value) must complete their project within
					 two years of the state receiving grant funds for their project and will be
					 required to:
(a) Work with the state
				  to obtain those items necessary to complete the project; these may include, but
				  are not limited to, the preliminary title report, survey for certificate of
				  possession, hazardous materials assessment, and, where applicable, development
				  of the conservation easement and appraisal.
(b) Except in cases of a full and complete
				  donation of land or interest in land, select and retain an independent real
				  estate appraiser to determine the value of the lands or interests in lands
				  which shall be calculated by determining the difference between the fair market
				  value and the restricted value of the property. This appraisal must be to State
				  and/or Federal Appraisal Standards and will be subject to review by a qualified
				  review appraiser. CAL FIRE approval of the appraiser and the agreement on the
				  land to be appraised is required prior to commencement of appraisal.
(c) Convey interest in lands to achieve the
				  land conservation objectives of the Program.
(d) Convey those interests in
				  perpetuity.
(e) Prepare and
				  periodically update a management plan, equivalent to, or better than, a Forest
				  Stewardship Plan.
(f) Manage
				  property in a manner consistent with the purposes for which the land was
				  entered into the Program with no conversion to other uses unless such uses are
				  specifically allowed within the terms of the conservation easement, furthermore
				  hunting, fishing, hiking and similar recreational uses shall be considered to
				  be consistent with the purposes of the Program.
(g) Endow or secure funding for monitoring
				  costs.
1. New
					 section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code. Reference: Section
						12262,
						Public Resources Code; and 16 U.S.C. Section 2103 et
						seq.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 6 - Project Administration › Section 1575.3 - Disbursements of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall not disburse any funds until:
(a) The applicant agrees that any
				  conservation easement acquired shall be used by the applicant only for the
				  purposes for which the funds were requested.
(b) The conservation easement meets the
				  following minimum standards:
(1) Restrictions
				  to timber management shall be limited to those that will continue to provide
				  MSP.
(2) The property-wide purpose
				  of the easement is to maintain the property's capacity for producing natural
				  resources and supporting a range of associated economic activities including
				  traditional uses such as agriculture, forestry, and
				  recreation.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 7 - Easement Monitoring and Management › Section 1576 - Responsibilities for Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department, or other government entity, or nonprofit
					 land trust organization acquiring an easement pursuant to this chapter shall
					 monitor, in perpetuity, that easement in order to assess the condition of the
					 resources being protected and to ensure that the terms of the easement are
					 being followed. Entities acquiring easements may also enter into cooperative
					 agreements for monitoring responsibilities with another qualified
					 entity.
The Department shall ensure that any entity acquiring a
					 conservation easement acquired pursuant to this chapter has adequate funding
					 for, or otherwise adequately provides for, easement monitoring pursuant to this
					 chapter, and is able to enforce the easement if its provisions are not
					 satisfied.
Monitoring shall occur no less than once a year and include
					 at a minimum: evaluation of overall condition of the property compared to the
					 condition documented in the Baseline Conditions Report, including a comparison
					 of observed conditions to both the baseline photos and the aerial photos;
					 observations of any violations of terms of the conservation easement; and
					 review of pertinent documentation, e.g., timber harvesting documents,
					 inspection reports, mill receipts, etc.
A written report with a qualitative assessment of
					 compliance with the terms of the conservation easement shall be sent by the
					 monitoring entity to the easement holder within 30 days of visual inspection;
					 any significant differences from the baseline conditions should be noted. The
					 easement holder should immediately address any violation of the conservation
					 easement with the landowner. The landowner should have an opportunity to
					 correct the breach. After a reasonable time period, if the breach is not
					 corrected, enforcement action may be taken, including but not limited to legal
					 action. The entity holding the conservation easement has the responsibility to
					 enforce the conservation easement.
1. New
					 article 7 (section
					 1576) and section filed 4-29-2011;
					 operative 4-29-2011 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 17).
Note: Authority cited: Section
						12249,
						Public Resources Code; and 16 U.S.C. Section 2103 et seq.
						Reference: Sections
						12242,
						12275
						and
						12276,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1600 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of the rules and regulations contained in
					 this chapter, the term:
"Board" means the State Board of Forestry and Fire
					 Protection.
"Certified Specialist" refers to a person who holds a valid
					 certification in a specialty created by the Board.
"Code" or "PRC" refers to the Public Resources Code, unless
					 otherwise specified.
"Committee" or "PFEC" means the Professional Foresters
					 Examining Committee.
"Executive Officer" refers to the Executive Officer,
					 Foresters Licensing.
"Forest Resources" means those uses and values associated
					 with, attainable from, or closely tied to, forested landscapes, and includes
					 but is not limited to aesthetics, fish, forage, recreation, soil, timber, water
					 and watersheds, wilderness, and wildlife.
"Registered Professional Forester" or "RPF" refers to a
					 person who holds a valid license as a professional forester pursuant to the
					 provisions of the code.
1.
					 Redesignation from chapter 9 (sections
					 1601-1650, not consecutive) to
					 chapter 10 (sections
					 1601-1650, not consecutive) filed
					 5-19-78 as procedural and organizational; designated effective 7-6-78 (Register
					 78, No. 20). For prior history, see Registers 77, Nos. 14 and 32; and 73, Nos.
					 10 and 23.
2. Renumbering and amendment of former section
					 1604 to section
					 1600 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41).
3. Amendment filed
					 4-28-94; operative 5-30-94 (Register 94, No. 17).
4. Amendment of
					 definition of "Board" filed 2-28-2020; operative 4-1-2020 (Register 2020, No.
					 9).
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Sections
						752,
						760.5,
						762,
						763
						and
						730,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1601 - Board of Forestry and Fire Protection Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All correspondence relating to Professional Foresters
					 Registration, including remittances and renewal fees, shall be directed to the
					 principal offices of the State Board of Forestry and Fire Protection located in
					 the Resources Building, 715 P Street, Sacramento, California 95814, or by mail
					 to P.O. Box 944246, Sacramento, California 94244-2460.
1.
					 Renumbering and amendment of former Sections
					 1601 and
					 1602 to Section
					 1601 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41). For prior history, see
					 Registers 78, No. 32 and 78, No. 20.
2. Amendment filed 8-4-89;
					 operative 9-3-89 (Register 89, No. 32).
3. Amendment of section
					 filed 2-28-2020; operative 4-1-2020 (Register 2020, No. 9).
4.
					 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: Section
						759,
						Public Resources Code. Reference: Section
						761,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1601.1 - Determination of Deadlines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any due dates or time frames for submission of fees,
					 completed forms, or correspondence is determined by date of personal delivery
					 at Board office or date of postmark by commercial carrier.
1. New
					 section filed 8-4-89; operative 9-3-89 (Register 89, No.
					 32).
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Sections
						761
						and
						763,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1602 - Professional Forestry Practice Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The phrase "act in the capacity of ... a
				  professional forester ..." pursuant to Public Resources Code (PRC), Section
				  766 refers to any person who is
				  working in a responsible position as an individual or through the supervision
				  of others, and performs services on forested landscapes applicable to
				  "forestry" as defined in PRC, Section
				  753
				  and clarified herein. Forestry requires specific knowledge of forestry
				  principles for providing advice to, or management for, employers, clients, or
				  others, through consultation; through conduct of investigations in forestry
				  matters which have potential environmental effects, or are for site-specific
				  purposes; through evaluation of forest properties; and through the planning or
				  execution of forest programs, management, operations, and/or
				  treatment.
(b) A Registered
				  Professional Forester (RPF) shall perform forestry services only in those
				  subjects in which he or she is competent by training or experience. Thus, for
				  an RPF to accomplish a site-specific forestry project where the RPF's prudent
				  level of expertise is surpassed, that RPF may need to utilize the services of
				  other qualified experts including but not limited to geologists, landscape
				  architects, engineers and land surveyors, archaeologists, botanists,
				  ecologists, fisheries biologists, stream restorationists, wildlife biologists,
				  hydrologists, range scientists, soil scientists, and certified specialists
				  established pursuant to PRC
				  772.
(c) In carrying out PRC, Section
				  772, a Certified Specialist shall
				  perform only those services in his or her specialty, as described in Chapter
				  10, Division 1.5, Title 14 of the California Code of Regulations. Nothing in
				  this section shall preclude certified specialists or the other environmental
				  professionals in subsection (b) from the application of scientific knowledge in
				  their field of expertise outside the practice of forestry.
1.
					 Renumbering and amendment of former section
					 1602 to section
					 1601, and renumbering and
					 amendment of former section
					 1605.1 to section
					 1602 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41). For prior history, see Register
					 77, No. 32.
2. Amendment filed 4-28-94; operative 5-30-94 (Register
					 94, No. 17).
3. Amendment of subsection (c) filed 2-28-2020;
					 operative 4-1-2020 (Register 2020, No. 9).
Note: Authority cited: Sections
						759
						and
						766,
						Public Resources Code. Reference: Sections
						752,
						753
						and
						766,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1602.1 - Identity Required of Registered Professional Forester in Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any letter or document which offers to perform or implies
					 the performance of any professional forestry work must identify by name and
					 license number the forester (RPF) who will be in charge of such work when it is
					 performed. An unregistered assistant acting in the capacity of a professional
					 forester, as defined in 14 CAC 1602 other than on federally owned lands shall
					 be supervised by a forester (RPF). Work plans and documents reporting work done
					 by or under the supervision of a forester (RPF) shall bear the signature and
					 license number of the forester (RPF) responsible for said plans, work and
					 reports.
1.
					 Renumbering and amendment of former Section
					 1605.2 to Section
					 1602.1 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41). For prior history, see Register
					 79, No. 37.
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Section
						756,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1603 - Seal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A seal may be used by a registrant. It shall be of the
					 design shown here and shall not be less than one and one-half (1 ½
					 )inches in diameter.
Click
					 here to view image
1. Repealer
					 of former Section
					 1603, and renumbering and
					 amendment of former Section
					 1613 to Section
					 1603 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41). For prior history, see Register
					 77, No. 32.
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Section
						751,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1604 - Registration Limited to Natural Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Registration shall be determined on the basis of individual
					 personal qualifications. No firm, company, partnership, or corporation will be
					 issued a professional foresters license or specialty
					 certificate.
1.
					 Renumbering and amendment of former Section
					 1604 to Section
					 1600, and renumbering of former
					 Section 1615 to Section
					 1604 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41). For prior history, see
					 Registers 77, No. 32, and 73, No. 23.
Note: Authority cited: Sections
						755
						and
						759,
						Public Resources Code. Reference: Section
						755,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1605.1 - Professional Forestry Practice Defined. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 8-1-77; effective thirtieth day thereafter (Register 77, No.
					 32).
2. Renumbering and amendment of Section
					 1605.1 to Section
					 1602 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41).
Note: Authority cited: Sections
						753,
						759
						and
						766,
						Public Resources Code. Reference: Section
						766,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1605.2 - Identity Required of Registered Professional Forester in Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-12-79; effective thirtieth day thereafter (Register 79, No.
					 37).
2. Renumbering and amendment of Section
					 1605.2 to Section
					 1602.1 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41).
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Section
						756,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1606 - Address Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants for registration or holders of a certificate of
					 registration and license, shall notify the Board in writing at its Sacramento
					 office within ten days of any address changes, giving both the old and new
					 address.
1.
					 Renumbering and amendment of former Section
					 1606 to Section
					 1610, and renumbering and
					 amendment of former Section
					 1614 to Section
					 1606 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41). For prior history, see Register
					 77, No. 32.
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Sections
						761
						and
						767,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1607 - Issuance, Expiration and Renewal of Licenses and Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Professional
				  Foresters Licenses and Specialty Certificates shall be renewed on alternating
				  years with odd-numbered licenses and certificates expiring on July 1 of
				  odd-numbered years and even-numbered licenses and certificates expiring on July
				  1 of even-numbered years.
(b) Newly
				  issued Professional Foresters Licenses and Specialty Certificates shall be
				  valid, on payment of the appropriate fee, from the date of issuance to July 1
				  of odd-numbered years for odd-numbered licenses and certificates and July 1 of
				  even-numbered years for even-numbered licenses and certificates. The
				  appropriate fee for a newly issued license or certificate shall be based on
				  proration of the annual rate for the license as provided in §
										1605(b)(2) or
				  certificates as provided in §
										1605(b)(4)
				  against the term of the newly issued license or certificate. Individuals
				  reinstating their license or certificate from withdrawal shall pay the full
				  renewal fee regardless of the actual length of time remaining in the applicable
				  two year renewal cycle.
(c)
				  Licenses and specialty certificates are not valid unless fees are paid prior to
				  the expiration date. Written notification of delinquency shall be mailed no
				  later than September 1 to those persons whose license or specialty
				  certificate(s) expired. Individuals have sixty (60) days from the date of
				  mailing the delinquency notice to reinstate the license or certificate by
				  paying renewal fees and penalties, after which the Board shall revoke the
				  license or certificate. By paying all renewal fees and penalties within one
				  year of the renewal date, the individual may reinstate a license or
				  certificate(s) revoked because of delinquency.
1. Repealer
					 of former Section
					 1607, and renumbering and
					 amendment of former Section
					 1609 to Section
					 1607 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41). For prior history, see Register
					 77, No. 32.
2. Amendment filed 8-4-89; operative 9-3-89 (Register
					 89, No. 32).
3. Amendment of section heading and section filed
					 10-21-96; operative 11-20-96 (Register 96, No. 43).
4. Amendment of
					 subsections (b) and (c) filed 9-13-99; operative 10-13-99 (Register 99, No.
					 38).
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Sections
						773
						and
						783,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1608 - Withdrawals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may,
				  upon written request of a currently paid up licensee, grant a withdrawal of a
				  forester's license or specialty certificate for a period not to exceed five
				  years at any one time without penalty. The request shall state the reason for
				  withdrawal, and the length of time for which withdrawal is requested. During
				  withdrawal, the person shall not call him or herself a "professional forester"
				  or provide professional forester services of any kind for pay or otherwise in
				  California, or use their registration number anywhere.
(b) Withdrawals shall be granted only for
				  good and sufficient reasons, including, but not limited to the following:
(1) Active duty in the armed services of the
				  United States.
(2) Professional
				  service exclusively outside the State of California.
(3) Ill health or disability.
(4) Registration as a full time student in a
				  college or university.
(5)
				  Retirement may be used as a reason only one time.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1609 - Meetings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 8-1-77; effective thirtieth day thereafter (Register 77, No.
					 32).
2. Renumbering and amendment of former Section
					 1609 to Section
					 1607, and renumbering of former
					 Section 1612 to Section
					 1609 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41).
3. Repealer filed
					 8-4-89; operative 9-3-89 (Register 89, No. 32).
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Sections
						736
						and
						763,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1610 - Delegation of Certain Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The power and discretion conferred by law
				  upon the Board to receive and file accusations; issue notices of hearings,
				  statements to respondent and statements of issues; receive and file notices of
				  defense; determine the time and place of hearings under Section
				  11508 of
				  the Government Code, issue subpoenas and subpoenas duces tecum, set and
				  calendar cases for hearing and perform other functions necessary to the
				  dispatch of the business of the Board in the Government Code prior to the
				  hearing of such proceeding; and the certification and delivery of mailing of
				  copies of decisions under Section
				  11518 of said Code are hereby
				  delegated to and conferred upon the Executive Officer, or, if absent from the
				  office of the Board, another person designated by the Executive
				  Officer.
(b) Nothing herein
				  prohibits the Executive Officer from redelegating duties to their subordinates
				  as provided in Section
				  18572 of
				  the Government Code.
(c) Unless
				  otherwise directed by the Board, the Executive Officer may work directly with
				  the Committee on those matters which are pertinent to the Professional
				  Foresters Law, Section
				  750 et seq. of the Code. The
				  Executive Officer may be designated by the Committee to report to the Board on
				  its behalf.
1.
					 Renumbering and amendment of former Section
					 1610 to Section
					 1608, and renumbering and
					 amendment of former Section
					 1606 to Section
					 1610 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41).
2. Amendment filed
					 8-4-89; operative 9-3-89 (Register 89, No. 32).
3. Amendment filed
					 2-28-2020; operative 4-1-2020 (Register 2020, No.
					 9).
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Section
						763,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1610.1 - Committee Meeting and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Committee shall meet and report to
				  the Board at least once every six months, or more frequently as necessary to
				  fulfill its responsibilities to the Board under Section
				  763 of the Code, and shall refer
				  to the Board all matters requiring Board approval.
(b) Reports and recommendations made by the
				  Committee to the Board for approval or rejection by the Board and any action
				  recommended or approved by the Board shall be carried out by the chairperson or
				  a member of the Committee or by the Executive Officer in the manner approved by
				  the Board.
1.
					 Renumbering and amendment of former Section
					 1610(d) to
					 Section 1610.1 filed 8-4-89; operative
					 9-3-89 (Register 89, No. 32). For prior history, see Register 87, No.
					 9.
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Sections
						739
						and
						763,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1611 - Reciprocity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Professional forester who is licensed in another state
					 which maintains requirements and qualifications which are equal to or superior
					 to those of the State of California may, upon successfully passing a special
					 examination prescribed by the Board and payment of the required fees be
					 registered as a professional forester, provided that said state observes these
					 same rules of reciprocity.
1. Repealer
					 of former Section
					 1611, and renumbering of former
					 Section 1616 to Section
					 1611 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41).
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Sections
						767,
						768,
						769
						and
						770,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 10 - Registration of Professional Foresters › Article 1 - General Provisions › Section 1612 - Discipline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Committee may, upon its own motion, and shall upon
					 motion of the Board or upon the verified complaint in writing of any person,
					 cause investigation to be made of the actions of any person licensed as a
					 professional forester or Certified Specialist. The committee shall make
					 recommendations to the Board for any action provided by law.
1.
					 Renumbering of former Section
					 1612 to Section
					 1609, and renumbering of former
					 Section 1617 to Section
					 1612 filed 9-27-85; effective
					 thirtieth day thereafter (Register 85, No. 41).
2. Amendment filed
					 2-28-2020; operative 4-1-2020 (Register 2020, No.
					 9).
Note: Authority cited: Section
						759,
						Public Resources Code. Reference: Sections
						775
						and
						777,
						Public Resources Code.