California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1038 - Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Timber Operations conducted pursuant to this section are
						exempt from the Plan preparation and submission requirements (PRC §
											4581)
						and from the completion report and Stocking report requirements (PRC
						§§
											4585
						and
						4587)
						of the FPA. Timber Operations conducted under any notice of exemption described
						herein shall be limited to one (1) year from the date of receipt by the
						Director, and shall comply with all operational provisions of the FPA and
						District Forest Practices Rules applicable to "Timber Harvest Plan", "THP", and
						"Plan" definitions per
						14 CCR
						§
												895.1. In-lieu practices within WLPZs
						as specified under Article 6 of these Rules, exceptions to the Rules, and
						alternative practices are not allowed. The following types of Timber Operations
						are exempt:
(a) Harvesting Christmas
					 trees.
(b) Harvesting dead trees,
					 Dying Trees, or Diseased Trees of any size, fuelwood or split products in
					 amounts less than ten (10) percent of the average volume per acre, or the
					 removal of Slash and Woody Debris that is not located within a WLPZ.
(c) The cutting or removal of trees in
					 compliance with PRC §§
											4290
					 and
					 4291,
					 which eliminates the vertical continuity of vegetative fuels and the horizontal
					 continuity of tree crowns for the purpose of reducing flammable materials and
					 maintaining a fuelbreak to reduce fire spread, duration and intensity. The
					 requirements of this subsection shall not supersede the requirements of PRC
					 §
											4291.
(1) Only trees within one-hundred-fifty (150)
					 feet from any point of an Approved and Legally Permitted Structure that
					 complies with the California Building Standards Code may be harvested, except
					 as specified in
					 14 CCR
					 §
													1038(c)(6).
(2) The following Silvicultural Methods may
					 not be used: clearcutting, Seed Tree removal step, shelterwood removal
					 step.
(3) All surface fuels created
					 by Timber Operations, within one-hundred-fifty (150) feet of an Approved and
					 Legally Permitted Structure, that could promote the spread of wildfire,
					 including Slash or Woody Debris, exceeding one (1) inch in diameter, and brush,
					 shall be chipped, burned, or removed within forty-five (45) days from the start
					 of Timber Operations.
(4) In
					 addition to the surface fuel treatment described in
					 14 CCR
					 §
													1038(c)(3), the
					 Harvest Area must meet the vegetation treatment standards in PRC §
												4584(i)(1) to
					 (2)(A) illustrated in Board Technical Rule
					 Addendum No.4 within one (1) year from the receipt of issuance of notice of
					 acceptance. This paragraph does not apply to
					 14 CCR
					 §
													1038(c)(6).
(5) Timber Operations conducted under this
					 subsection shall conform to the applicable city or county general plans, city
					 or county implementing ordinances, and city or county zoning ordinances within
					 which the notice of exemption is located. The LTO, timberland owner, or if
					 applicable the RPF, shall certify that the city or county has been contacted
					 and the notice of exemption conforms with all city or county regulatory
					 requirements.
(6) Trees that are
					 located from one-hundred-fifty (150) feet up to three-hundred (300) feet from
					 any point of an Approved and Legally Permitted Habitable Structure that
					 complies with the California Building Standards Code may also be cut and
					 removed for the purpose of reducing flammable materials and maintaining a
					 fuelbreak provided the following conditions are met:
(A) The post-harvest stand shall be primarily
					 comprised of healthy and vigorous Dominant and Codominant trees
					 well-distributed throughout the treated area and meet the stocking standards
					 consistent with
					 14 CCR
					 §
														913.2 [933.2, 953.2].
(B) The QMD of trees greater than eight (8)
					 inches dbh in the pre-harvest Harvest Area shall be increased in the
					 post-harvest stand.
(C) All Slash
					 shall be lopped, removed, chipped, piled and burned, or otherwise treated to
					 achieve a maximum post-harvest depth of eighteen (18) inches above the ground
					 within forty-five (45) days from the start of Timber Operations except for the
					 burning of piles, which shall be accomplished not later than April 1 of the
					 year following their creation, or for piles created on or after September 1,
					 not later than April 1 of the second year following creation. Treatment of
					 surface fuels by burning shall be exempt from the one-year time limitations on
					 Timber Operations described under
					 14 CCR
					 §
														1038.
(D) The notice of exemption shall include
					 site class, an estimate of pre- and post-harvest QMD and certification by the
					 RPF that, in their professional judgment, post-harvest Slash treatment and
					 stand conditions will lead to more moderate fire behavior.
(E)
													14 CCR
					 §
														1038(c)(6) shall
					 expire pursuant to PRC 4584(m)(3).