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 7 - Conversion of Timberland › Section 1104.1 - Conversion Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Timber Operations conducted under this subsection shall
						be exempt from Conversion Permit and timber harvesting Plan requirements of
						this article except no tree that existed before 1800 A.D. and is greater than
						sixty (60) inches in Diameter at stump height for Sierra or Coastal Redwoods,
						and forty-eight (48) inches in Diameter at stump height for all other tree
						Species shall be harvested unless done so under the conditions or criteria set
						forth in subsection
						1104.1(i). Timber
						Operations shall comply with all other applicable provisions of the
						Z'berg-Nejedly Forest Practice Act, regulations of the Board and currently
						effective provisions of county general plans, zoning ordinances and any
						implementing ordinances. The Notice of Conversion Exemption Timber Operations
						shall be considered synonymous with the term "Plan" as defined in
						14 CCR
						§
												895.1 when applying the operational
						Rules and regulations of the Board.
(a) This conversion exemption is applicable
					 to a conversion of Timberland to a non-timber use only, of less than three
					 acres in one contiguous ownership, whether or not it is a portion of a larger
					 land parcel and shall not be part of a THP. This conversion exemption may only
					 be used once per contiguous land ownership. If all or a portion of the
					 contiguous land ownership has been subject to prior, unpermitted timberland
					 conversion, a conversion exemption hereunder shall not be accepted unless the
					 Director determines that it would be consistent with the purposes of the Act.
					 No Person, whether acting as an individual, acting as a member of a
					 partnership, or acting as an officer or employee of a corporation or other
					 legal entity, may obtain more than one exemption pursuant to this section in a
					 five-year period. If a partnership has as a member, or if a corporation or any
					 other legal entity has as an officer or employee, a Person who has received
					 this exemption within the past five years, whether as an individual or as a
					 member of a partnership, or as an officer or employee of a corporation or other
					 legal entity, then that partnership, corporation, or other legal entity is not
					 eligible for this exemption. "Person," for purposes of this section, means an
					 individual, partnership, corporation, or any other legal entity.
(1) A Notice of Conversion Exemption Timber
					 Operations (notice) must be prepared by an RPF and submitted to the Director.
					 The notice shall contain the following:
(A)
					 the names, addresses, and telephone numbers of the Timber Owner, owner of the
					 Timberland to be converted, RPF, Timber Operator, and the submitter of the
					 Notice of Conversion Exemption Timber Operations;
(B) legal description of the area where the
					 Timber Operation is to be conducted, showing section, township, range, county
					 and assessor parcel number;
(C)
					 maps showing the ownership boundaries, the location of the Timber Operation,
					 boundaries of the conversion, access routes to operation, location and
					 classification of all Watercourses, and Landing locations;
(D) incorporation of a signed and dated
					 statement from the authorized designee of the County Board of Supervisors
					 stating that the conversion is in conformance with all county regulatory
					 requirements, including county public notice requirements. When counties do not
					 have an authorized designee, the RPF shall certify that the county has been
					 contacted and the conversion is in conformance with county regulatory
					 requirements (this may be incorporated into the notice);
(E) incorporation of a statement by the owner
					 of the Timberland to be converted:
1.
					 certifying that this is a one-time conversion to non-Timberland use,
2. certifying that after considering the
					 owner's own economic ability to carry out the proposed conversion and the
					 feasibility evaluation required by
					 14 CCR
					 §
															1104.1(a)(6) that
					 there is "bona fide intent", as defined in
					 14 CCR
					 §
															1100(b), to
					 convert,
3. specifying what the
					 non-Timberland use will be after conversion, and
4. certifying and declaring under penalty of
					 perjury that he/she whether acting as an individual, acting as a member of a
					 partnership, or acting as an officer or employee of a corporation or other
					 legal entity, has not obtained an exemption pursuant to this section in the
					 last five years unless a waiver has been granted pursuant to §
														1104.1(a)(9);
					 and
(F) signature of the
					 submitter, Timberland owner responsible for the conversion, the Timber
					 Operator, and the RPF.