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 1038.3 - Forest Fire Prevention Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Persons who are engaged in the cutting or removal of
						trees, limited to those trees that eliminate the vertical continuity of
						vegetative fuels and the horizontal continuity of tree crowns for the purpose
						of reducing flammable materials to reduce fire spread, duration and intensity,
						fuel ignitability, or ignition of tree crowns 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. This exemption shall be known
						as the Forest Fire Prevention Exemption. Preparation and submittal of notices
						of exemption under this section, or Timber Operations conducted thereunder,
						shall comply with the following conditions, exceptions, or requirements as
						described.
(a) Comply with the
					 requirements of Title
					 14 CCR
					 §§
												1038.1(c)(5), (6), (7), and (9) through
					 (12) inclusive.
(b) This exemption shall only be used on
					 Timberlands that are within the most recent version of the Department's Fire
					 Hazard Severity Zone Map, which can be found on the Department's website:
					 https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/wildland-hazards-building-codes/fire-hazard-severity-zones-maps/,
					 that shows the exemption will occur in areas determined to be moderate, high,
					 or very high fire threat areas.
(c)
					 The Harvest Area shall not exceed three hundred (300) acres.
(d)
(1)
					 Slash and Woody Debris shall be treated to achieve a maximum post-harvest depth
					 of eighteen (18) inches above the ground except within one hundred fifty (150)
					 feet from any point of an approved and legally permitted structure that
					 complies with the California Standards Building Code.
(2) All surface fuels within
					 one-hundred-fifty (150) feet of an Approved and Legally Permitted Structure,
					 which could promote the spread of wildfire, shall be chipped, burned, or
					 removed within forty-five (45) days from the start of Timber
					 Operations.
(3) All fuel treatments
					 shall be completed within one (1) year from the date the Director receives the
					 notice. This requirement does not apply to burning, which instead shall be
					 completed within two (2) years from the date the Director receives the
					 notice.
(4) The requirements of
					 this subsection shall not supersede the requirements of PRC §
												4291.