reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.6 - Watershed Assessment and Planning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following watershed issues shall be addressed in an
						SYP:
(a) Assessment Area. The minimum
					 assessment area shall be no less than a Planning Watershed. The assessment area
					 may include multiple watersheds within a Management Unit, and areas outside the
					 ownership may be included.
(b)
					 Impacts Analysis and Mitigation. The Assessment shall include an analysis of
					 potentially significant adverse impacts, including Cumulative Impacts, of the
					 planned operations and other Projects, on water quality, fisheries and aquatic
					 wildlife.
(c) The SYP shall contain
					 a description of the individual Planning Watersheds in sufficient detail to
					 allow a review of the analysis of impacts.
(1)
					 For all Planning Watersheds in the ownership within a forest District
					 descriptions shall include as appropriate:
(A)
					 Estimate of the stand structure type acreage and percent composition of the
					 watershed by decade.
(B) General
					 maps and descriptions of Unstable Areas and Unstable Soils known to the Plan
					 submitter to be actively or potentially discharging sediment, as well as those
					 mapped by public agencies.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.7 - Limitation on Information Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where landowners do not cooperate to develop a watershed
						or fish and wildlife assessment, or where a management unit is adjacent to
						lands operated by landowners or Timber Owners who have not submitted a SYP, the
						information required of a SYP submitter regarding past, present and Reasonably
						Foreseeable Probable Future Projects shall be limited to information regarding
						the same ownership, to matters of public record, readily available to the
						submitter and shall be guided by the principles of practicality and
						reasonableness. The sufficiency of the information provided in a SYP to
						evaluate environmental Effects shall be judged in light of what is reasonably
						Feasible and necessary.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Change without regulatory effect amending section filed 10-31-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.8 - Compliance and Effectiveness Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The SYP shall include provisions for determining the
						compliance with and effectiveness of the measures adopted in the SYP to
						mitigate or avoid significant environmental Effects. Such provisions may
						include evaluation by the SYP submitter and evaluation of affected areas with
						representative conditions. Progress reports shall be provided periodically to
						CAL FIRE at their request. Such evaluations shall be developed in consultation
						with the Director and appropriate review agencies.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Change without regulatory effect amending section filed 10-31-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.9 - SYP Effective Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The effective period of SYP shall be pursuant to PRC
						§
											4551.3(a).
						Renewal of a previously approved SYP may be granted pursuant to PRC §
											4551.3(a)
						following agency and public review and upon approval of the Director pursuant
						to 14 CCR
						§
												1091.15.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Change without regulatory effect amending section and adding new NOTE filed
						9-26-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 39).
3. Amendment filed 10-26-2009;
						operative 1-1-2010 pursuant to Public Resources Code section
						4554.5
						(Register 2009, No. 44).
4. Change without regulatory effect
						amending section filed 1-7-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2020, No. 2).
Note: Authority cited: Sections
						  4551
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  4551.3,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.11 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Appeals of SYP's shall be the same as provided in the FPA
						for THPs. For Head of Agency Appeals, the appealing agency shall have 10 days
						from the Director's determination date to notify the Board of their intent to
						appeal. The other requirements of
						14 CCR
						§
												1056(a) shall be
						submitted to the Board within 30 days after the Director's decision. The 30
						days specified in §
											1056.2 commence when the appeal
						statement meets the requirements of §
											1056(a).
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Change without regulatory effect amending section filed 10-31-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  20168.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.12 - Emergency Departures from SYP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the case of an Emergency as specified in the Rules of
						the Board (14 CCR §
												1052.1), the SYP
						submitter shall notify the Director of such departure in writing and shall
						comply with §
											1091.13. This notice shall
						accompany any notice required by §
											1052 for cutting timber on an
						Emergency basis. If an amendment to the SYP is required pursuant to §
											1091.13, it shall be filed within
						20 days of the filing of the Emergency Notice. The SYP submitter shall comply
						with the Emergency Notice requirements.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Change without regulatory effect amending section filed 10-31-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.13 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except under Emergency circumstances, Substantial
						Deviations from the SYP shall not be undertaken in the THPs unless an amendment
						has been submitted to and approved by the Director following the same
						procedures as for approving an SYP initially. No THPs may be approved which
						rely upon a Substantial Deviation proposed in an amendment to a SYP until such
						a deviation is approved by the Director.
(a) Substantial Deviations. For purposes of
					 the sustained timber production portion of any SYP, any deviation from the
					 average harvesting projections in any ten-year period which exceeds 10%,
					 including a deviation caused by changes of ownership and catastrophic events,
					 shall be considered a Substantial Deviation. For purposes of watershed and fish
					 and wildlife issues, any deviation from the Plan which could result in
					 significant adverse Effects to watershed or fish and wildlife values shall be
					 considered a Substantial Deviation.
(b) Minor Deviations shall be reported to the
					 Director immediately in writing but shall not require amendment of the
					 Plan.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Change without regulatory effect amending section filed 10-31-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.75 - Sustained Yield Plan › Section 1091.14 - Timber Harvest Plans Submitted Within a SYP Management Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each timber harvest Plan submitted for an area within an
						ownership subject to and relying upon an approved SYP shall demonstrate
						consistency with the SYP and reference the SYP in response to THP questions
						addressing subjects covered in the SYP. Each THP shall contain Feasible
						mitigation included in the SYP to address identified impacts. Responses to
						significant environmental issues raised during THP review on subjects addressed
						in the SYP shall refer to the SYP. Where new issues or potentially significant
						adverse Effects not addressed in the SYP exist, they shall be identified in the
						THP or a substantial or minor deviation shall be submitted for the SYP as
						appropriate. Additional Feasible mitigation measures to address new issues
						identified shall be discussed and included in the THP or
						amendment.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Change without regulatory effect amending section filed 10-31-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092 - Rule Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Where the abbreviation "THP", the term "Timber Harvesting Plan", or the word
					 "Plan" is used in Chapter 4, Subchapters 1 through 6 and Chapter 4.5 it shall
					 also mean "PTHP". In Subchapter 7, this equivalency will occur for all sections
					 except §§
											1032 through
					 1042.
(b) Within 14 CCR Division 1.5, Chapter 4,
					 Subchapters 4-6, Articles 2,3,4,5,6,7,8,9,11,12,13, and 14, the operational
					 (specific prescriptive) standards of the Rules shall apply to all Timber
					 Operations conducted under a PTHP. However, as necessary for site-specific
					 Project level management, alternate standards can be developed which provide
					 equal or better protection to the resource which may be impacted. These
					 alternate standards may only be accepted by the Director when the PTEIR
					 provides an analysis demonstrating that implementation will result in impacts
					 which are below the level of significant effect on the environment as defined
					 in the State CEQA Guidelines (14 CCR §
												15382)
					 and other applicable state laws.
(c) Where the PTEIR has adequately addressed
					 an environmental impact, the PTHP need only include reference to the PTEIR
					 provisions. Alternate standards may only be used in a PTHP where the analysis
					 of potential impacts and mitigations in the PTEIR is of such detail that a
					 reasonable Person could reach a conclusion that the resulting impacts would be
					 less than significant.
(d) Within
					 14 CCR Division 1.5, Chapter 4, Subchapters 1, and 3-6, the planning
					 (performance) standards which are to be incorporated into a THP under the
					 Functional equivalent process shall be addressed within the PTEIR to achieve
					 the performance objectives set forth in the intent language of the regulation.
					 The PTEIR shall demonstrate how resource protection set forth in the intent of
					 the Act is provided for on the area encompassed by the PTEIR.
1. New
						section filed 8-10-98; operative 1-1-99 pursuant to Public Resources Code
						section
						4554.5(b)
						(Register 98, No. 33).
2. Change without regulatory effect amending
						section heading and removing pre-1999 version of section filed 4-20-2010
						pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 17). For prior history, see Register 96, No. 48
						and Register 98, No. 33.
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
						  4553,
						  Public Resources Code. Reference: Sections
						  4551
						  and
						  4553,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092.01 - PTEIR and PTHP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 Program Timber Harvesting Plan (PTHP) may be filed for ownerships where a PTEIR
					 has been certified by the Director.
(b) The PTEIR shall assess impacts and
					 provide mitigation for those on and off-site impacts resulting from Timber
					 Operations involved with an ownership, portion of an ownership, or multiple
					 ownerships. Use of the PTEIR establishes the need for a separate THP process
					 which is provided in this Article. The PTHP relies upon the environmental
					 analysis contained in the PTEIR. All PTHPs shall be accompanied by a checklist
					 which will demonstrate that the proposed operations are within the scope of the
					 PTEIR. The PTHP fulfills the requirements of CEQA by being written within the
					 scope of the analysis contained in the PTEIR. The PTHP also must meet the
					 requirements of the Forest Practice Act and the Rules of the Board.
(c) The checklist which accompanies a PTHP
					 must be developed in each PTEIR to address the site specific impacts and
					 practices for each ownership, portion of an ownership, or multiple ownerships.
					 The checklist shall indicate mitigation to be applied in all areas of resource
					 protection addressed in the PTEIR for individual and cumulative Effects,
					 including but not limited to air, wildlife, water, soil, recreation, hazard
					 reduction, pest protection, noise, aesthetics, cultural resources, areas
					 regulated by the Board in §§
											4513,
					 4551,
					 4551.5,
					 4561,
					 and
					 4581
					 of the Public Resources Code.
(d)
					 Where a PTHP is found by the Director not to be within the scope of the PTEIR,
					 the PTHP submitter has the following alternatives:
1) the PTHP may be modified to be within the
					 scope of the PTEIR,
2) the PTHP may
					 be withdrawn and submitted as a THP under the Functional equivalent process,
					 or
3) an addendum supplement or
					 subsequent PTEIR may be prepared and certified which addresses any remaining
					 impacts identified in the PTHP.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092.02 - Director's Guidance for Review of PTEIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In certifying the PTEIR and adopting the CEQA findings
						the Director shall certify that the Timberland management described in the
						PTEIR will achieve the resource protection goals in PRC §§
											4513,
						4551,
						4561,
						and
						4581
						and any goals that may be required by CEQA.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Change without regulatory effect amending
						section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4553,
						  Public Resources Code. Reference: Sections
						  4551
						  and
						  4553,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092.03 - Program Timber Harvesting Plan Filing Locations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The PTHP shall be submitted in writing to the Director at
						the appropriate CAL FIRE Review Team Offices listed in
						14 CCR
						§
												1032.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Change without regulatory effect amending
						section filed 12-17-2008 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2008, No. 51).
3. Change without regulatory
						effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
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 6.8 - Program Timberland Harvesting Plan › Section 1092.04 - Program Timber Harvesting Plan (PTHP) Submittal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A PTHP shall be submitted by the Person
					 who owns, leases, contracts, or operates on Timberland and Plans to harvest
					 timber for commercial purposes.
(b)
					 Where the land or timber is owned or operated by parties other than the Person
					 executing the PTHP the Person submitting the PTHP shall give prompt written
					 notice of such PTHP to those parties.
(c) The RPF preparing the PTHP shall submit
					 to the Director, with the PTHP, a copy of a Notice of Intent to Harvest:
(1) if any proposed boundary lies within 300
					 feet of any property not owned by the Timberland owner, or
(2) any PTHP amendment that changes a PTHP
					 boundary so that the new boundary lies within 300 ft. of property not owned by
					 the Timberland owner.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092.05 - Notice of Intent Distribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall distribute copies of each Notice of
						Intent within two 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 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
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,
						  4582.4,
						  21080.5,
						  21081
						  and
						  21092,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092.06 - Request for Notification of PTHP 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 PTHPs submitted that month.
(b) When any Person requests notice of
					 submissions of PTHPs, the Director shall provide the Person, free of charge,
					 with a copy of the list of PTHPs submitted on the date or dates requested. If
					 no specific date is requested, a copy of the list for the preceding month shall
					 be provided.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
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 subsection (b) filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  451,
						  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 6.8 - Program Timberland Harvesting Plan › Section 1092.07 - Request for Information on Domestic Water Supplies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The PTHP submitter shall provide notice by letter to all
						other landowners within 1,000 feet downstream of the PTHP 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 PTHP submitter be advised of surface Domestic Water Use from
						the Watercourse, within the PTHP or within 1,000 feet downstream of the PTHP
						boundary. When required to notice by letter, the PTHP submitter shall also
						publish the notice one time 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 effect. 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.
						Copies of either notice, proof of service and publication, and any response
						shall be attached to the PTHP when submitted. If domestic use is noted, the
						PTHP shall contain mitigations necessary to protect Domestic Water Use. The
						PTHP shall not be submitted until ten days after the above notification(s) have
						been done. The RPF may propose, with justification and explanation, an
						exemption to such notification requirements, and the Director may
						agree.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Change without regulatory effect amending
						section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  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 6.8 - Program Timberland Harvesting Plan › Section 1092.08 - Filing Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The fili0ng date is the date on which the PTHP is found
						by the Director to be accurate, complete, and in proper
						order.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
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 6.8 - Program Timberland Harvesting Plan › Section 1092.09 - PTHP Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the PTHP is to provide guidance for
						implementation of the standards and protective measures in the certified PTEIR.
						For the PTHP to serve these functions it shall contain the following:
(a) Identification number of the PTEIR and
					 where it can be reviewed;
(b) The
					 name and address and phone number of the Timberland owner, the Timber Owner,
					 the RPF, the LTO and License number and the Person responsible for on the
					 ground supervision of the Timber Operations. If the LTO is not known at the
					 time of Plan submission, this information shall be provided prior to the start
					 of Timber Operations.
(c) Expected
					 dates of commencement and completion of Timber Operations.
(d) A legal description of the area of the
					 PTHP on which Timber Operations will 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 6.8 - Program Timberland Harvesting Plan › Section 1092.10 - PTHP 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 RPF or the Director, and there is a
						disagreement the parties shall confer on the PTHP area, if requested by either
						party, during the PTHP review and reach agreement, if possible, on the
						conditions and standards to be included in the PTHP to maintain consistency
						with the PTEIR.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Change without regulatory effect amending
						section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4553,
						  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 6.8 - Program Timberland Harvesting Plan › Section 1092.11 - PTHP Submitter Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The PTHP submitter, or successor in interest,
						shall:
(a) Ensure that an RPF conducts
					 any activities which require an RPF.
(b) Provide the RPF preparing the PTHP 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 PTHP certifying knowledge of its
					 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 6.8 - Program Timberland Harvesting Plan › Section 1092.13 - Interaction Between RPF and LTO on the PTHP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
From the start of the PTHP preparation process but before
						commencement of operations, the responsible RPF, shall meet with either the
						LTO, or Supervised Designee who will be on the ground and directly responsible
						for the harvesting operation. The meeting shall be on site if requested by
						either the RPF or LTO. If any amendment is incorporated into the PTHP by an RPF
						after the first meeting, the RPF shall comply with the intent of this section
						by explaining relevant changes to the LTO; if requested by either the RPF or
						LTO, another on-site meeting shall take place. The intent of any such meeting
						is to assure that the LTO:
(a) Is
					 advised of any sensitive on-site conditions requiring special care during
					 operations.
(b) Is advised
					 regarding the intent and applicable provisions of the approved PTHP including
					 amendments.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Change without regulatory effect amending
						first paragraph 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
						  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 6.8 - Program Timberland Harvesting Plan › Section 1092.14 - 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 from the
					 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 6.8 - Program Timberland Harvesting Plan › Section 1092.15 - Notification of Commencement of Operations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For each calendar year, within fifteen days before, and
						not later than the day of the start up of a Timber Operation, the PTHP
						Submitter, or designee 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 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
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: Sections
						  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 6.8 - Program Timberland Harvesting Plan › Section 1092.16 - PTHP Review Inspection-Filing Return

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten (10) days of the receipt of a PTHP, the
						Director shall determine if the PTHP is accurate, complete and in proper order,
						and if so, the PTHP shall be filed. During this same period, the Director shall
						determine if a preharvest inspection is necessary. If a preharvest inspection
						is needed, the Department will notify the submitter, the CDFW, the CGS, the
						appropriate RWQCB, and the LTO who will operate under the Plan, if known, to
						determine if they want to attend and schedule a mutually agreeable time and
						date of the inspection. When the Director finds a PTHP inaccurate, incomplete,
						or otherwise not in proper order, the PTHP shall be returned to the submitter
						with written specifications of the deficiencies.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Amendment of section and NOTE filed
						5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
3. Amendment
						filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section
						4554.5
						(Register 2000, No. 48).
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: Sections
						  4551,
						  4551.5,
						  4552
						  and
						  21080.5,
						  Public Resources Code; and NRDC v. Arcata National Corp. (1976), 50 Cal. App.
						  3d 959. 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 6.8 - Program Timberland Harvesting Plan › Section 1092.17 - Notice of PTHP 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 §
												1092.04).
(b) Within two working days of the date the
					 PTHP is filed, the Director shall transmit copies of the Notice of Filing to:
(1) The Person submitting the PTHP.
(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 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 300 ft. of the PTHP
					 boundary.
(6) Anyone else, as
					 required by Public Resources Code §§
												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 6.8 - Program Timberland Harvesting Plan › Section 1092.19 - Time Periods for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall have 30 days from the date the
						preharvest or initial inspection is completed, or in the event the Director
						determines that such inspection is not needed, 15 days from the date of PTHP
						filing in accordance with
						14 CCR
						§
												1092.16 or such longer period as may
						be mutually agreed upon by the Director and the Person submitting the PTHP, to
						review the PTHP and to take written comment.
After the public review 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 PTHP, to review the public and
						agency comments, to respond in writing to issues regarding the conformance of
						the PTHP to the PTEIR and compliance with the Rules of the Board and to
						determine if the PTHP is in conformance with the PTEIR, Forest Practice Act and
						Board Rules.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Change without regulatory effect amending
						section filed 5-22-2002 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2002, No. 21).
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 6.8 - Program Timberland Harvesting Plan › Section 1092.20 - Director's Guidance for Review of PTHP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In reviewing a PTHP the Director shall
					 determine if the PTHP is in compliance with the Rules of the Board specified in
					 14 CCR Article 6.8 and whether the proposed activity is within the scope of the
					 PTEIR, and that the PTEIR adequately describes the proposed activity for the
					 purposes of CEQA.
(b) In
					 determining if a PTHP is within the scope of the PTEIR the Director shall
					 determine if one or more of the following conditions exist which requires
					 action under
					 14 CCR
					 §
												1092.01(d):
(1) Where activities are proposed in the PTHP
					 that could result in significant environmental impacts not considered in the
					 PTEIR.
(2) Where substantial
					 changes have occurred with respect to the circumstances under which the PTHP is
					 undertaken that could result in significant environmental impacts not
					 previously covered; or
(3) Where
					 new relevant information regarding impacts or mitigation measures becomes
					 available that shows any of the following:
(A)
					 the PTHP would have one or more significant Effects not disclosed in the
					 PTEIR.
(B) Effects previously
					 examined would be substantially more intensive or extensive than shown in the
					 PTEIR.
(C) mitigation measures or
					 alternatives previously determined to substantially reduce one or more
					 significant impacts but found to be infeasible would in fact be Feasible,
					 or
(D) Feasible mitigation measures
					 or alternatives not previously considered in the PTEIR were identified that
					 would substantially reduce one or more significant
					 Effects.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092.21 - Special Conditions Requiring Disapproval of a PTHP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall disapprove a PTHP as not conforming to
						the Rules of the Board if any one of the following conditions exist:
(a) Boundaries of the area to be harvested
					 are not clearly delineated in the PTHP.
(b) Public acquisition of the parcel for
					 purposes which would be impaired by timber harvesting, is legislatively
					 authorized, funded and imminent,
(c) There is evidence that the information
					 contained in the PTHP is incorrect, incomplete or misleading in a material way,
					 or is insufficient to evaluate significant environmental Effects. The
					 sufficiency of the information provided in the PTHP to evaluate significant
					 environmental Effects shall be judged in light of what is reasonable and
					 necessary.
(d) Implementation of
					 the PTHP as proposed would result in either a "taking" or finding of jeopardy
					 of Species listed as rare, threatened or endangered under the state or federal
					 Endangered Species Acts, or would cause significant, long-term damage to Listed
					 Species. The Director is not required to disapprove a Plan if incidental "take"
					 is authorized by a wildlife agency acting within its authority under state or
					 federal endangered Species acts.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Amendment of subsection (d) and NOTE filed
						5-21-98; operative 1-1-99 pursuant to Public Resources Code section
						4554.5
						(Register 98, No. 21).
3. Editorial correction of subsection (d)
						(Register 98, No. 33).
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,
						  4555
						  and
						  4582,
						  Public Resources Code. Reference: Sections
						  2053,
						  2080.1,
						  2090-
						  2097,
						  2830
						  and
						  2835,
						  Fish and Game Code; Sections
						  4555,
						  4582.7
						  and
						  4582.75,
						  Public Resources Code; Section
						  51115.1,
						  Government Code; the federal Endangered Species Act of 1973, 16 U.S.C. et seq.;
						  and Laupheimer v. State (1988) 200 Cal. App. 3d 440; 246 Cal. Rptr.
						  82.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 6.8 - Program Timberland Harvesting Plan › Section 1092.22 - Nonconformance of PTHP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director determines that a PTHP is not within the
						scope of the PTEIR or is not in conformance with the applicable Rules of the
						Board the PTHP 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 PTHP within the scope of the PTEIR or 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 PTHP
						into conformance.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Change without regulatory effect amending
						section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  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 6.8 - Program Timberland Harvesting Plan › Section 1092.23 - Conformance of PTHP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director determines that the PTHP is within the
						scope of the PTEIR and is in conformance with the Forest Practice Act and
						applicable Rules of the Board, then the Person submitting the PTHP shall be
						notified and Timber Operations may commence.
1. New
						section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code
						section
						4554.5
						(Register 96, No. 48).
2. Change without regulatory effect amending
						section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551
						  and
						  4552,
						  Public Resources Code. Reference: Sections
						  4582.7
						  and
						  4582.75,
						  Public Resources Code.