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California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 3 - Eligibility › Section 1552 - Eligible Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Practices that may be financed by the Urban Forestry Grant
					 program include but are not limited to the following:
(a) Planting of street and neighborhood trees
				  and other vegetation.
(b) Designing
				  and implementing vegetation maintenance programs.
(c) Establishing community forests and urban
				  forestry education centers to restore abandoned urban land and to develop
				  community awareness of the benefits of managing our urban forests.
(d) Preparing and implementing
				  community-supported urban forestry management plans, inventories, and
				  ordinances.
(e) Developing and
				  establishing urban forestry educational material to support community urban
				  forestry programs.
(f) Designing
				  and implementing urban and community forest management plans for urbanized
				  forests.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Section
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 3 - Eligibility › Section 1552.1 - Ineligible Costs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Costs of completing the following activities or conditions
					 shall not be financed by grants authorized by the Act:
(a) Purchasing mechanical equipment if
				  similar surplus mechanical equipment can be made available and acquired by the
				  Department.
(b) Undertaking or
				  completing any practice designed to supplant rather than supplement existing
				  local agency activities. Such ineligible practices shall consist of any request
				  that the Director furnish grants to take the place of a regular or ongoing
				  fiscal commitment to a program or project by a local government.
(c) Planting or landscaping with trees or
				  vegetation that requires maintenance such as: watering, fertilizing,
				  exterminating, or controlling plant pests and diseases in order to survive, if
				  no public or private entity has agreed in writing to provide such maintenance
				  measures for at least two years after planting is completed.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Section
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 3 - Eligibility › Section 1552.2 - Eligible Participants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following local agencies are eligible to participate in
					 the program and receive grants authorized by the Act:
(a) Cities (city and county).
(b) Counties.
(c) Districts, including but not limited to:
				  school, park, recreation, water, and local taxing districts.
(d) Nonprofit organizations including, but
				  not limited to, those established for the purpose of improving urban life
				  through citizen involvement, schools, and civic groups.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Section
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 3 - Eligibility › Section 1552.3 - Eligibility and Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All of the following conditions must be met for a proposed
					 urban forestry project to be eligible for a grant authorized by the Act:
(a) A project must be located in an urban
				  area or immediately adjacent to an urban area if substantial benefits of the
				  project are to accrue to residents of the urban area.
(b) The project has a commitment for active
				  participation from one or more of the following: local residents, local
				  business, or local government as described in Section
				  1554.1(h).
(c) The applicant has complied in all
				  respects with all applicable local and county ordinances.
(d) The applicant has entered into an
				  agreement with the owners of the land for access to the land for three years by
				  using the form supplied by the Department of Forestry.
(e) The applicant has complied with all
				  applicable state and federal laws and regulations, including CEQA.
(f) The application has been approved,
				  project priority is high enough to qualify for available funds, and an
				  agreement is executed before the project is begun.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Sections
						4799.08
						and
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 4 - Guidelines for Awarding Grants › Section 1553 - Grant Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director may make grants to share the cost of eligible
					 urban forestry projects. The proportion of the project cost financed by the
					 Director shall be determined as follows:
(a) The Director will finance at least 25
				  percent of the costs of eligible planting projects if the maintenance necessary
				  for survival is guaranteed by the applicant to be provided for two (2) years
				  from the completion of planting.
(b) The Director will finance at least 50
				  percent of the costs of eligible planting projects where the required
				  maintenance is guaranteed by the applicant to be provided for three (3) years
				  or more from the completion of planting.
(c) The Director will finance at least 50
				  percent of the costs of eligible projects which do not involve
				  planting.
(d) Additional funds are
				  available at the rate of 15 percent of the projects cost for each criterion
				  listed in 14 CAC 1554.3(a) except for (2) and (4) of that subsection provided
				  that the cost-share rate for projects with a two (2) year maintenance
				  commitment does not exceed 70 percent of the project cost, and 90 percent for
				  all other projects.
(e) The
				  Director may waive the cost share requirement when the state's funding source
				  for a grant prohibits cost share requirements.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
2. New subsection (e) filed 10-27-2009; operative 11-26-2009
					 (Register 2009, No. 44).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Section
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 5 - Application Procedures › Section 1554 - Acceptance for Review and Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall mail to persons upon request and publish
					 in the California Regulatory Notice Register a request for proposals for urban
					 forestry projects at least once each year. The Director shall accept for review
					 and filing applications for grants to finance urban forestry projects if there
					 is reasonable assurance that funds will be available to finance such grants.
					 Applications will not be accepted past the final filing date specified in the
					 Director's request for proposed urban forestry projects.
1.
					 Renumbering and amendment of former Section
					 1554 to Section
					 1554.1, and renumbering and
					 amendment of former Section
					 1554.1 to Section
					 1554 filed 8-2-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
2. Amendment of
					 section and NOTE filed 10-27-2009; operative 11-26-2009 (Register 2009, No.
					 44).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Section
						4799.10,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 5 - Application Procedures › Section 1554.1 - Application and Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Local agencies requesting grants authorized by the Act
					 shall submit an application to the Director.
Information required upon application shall include, but
					 not necessarily be limited to:
(a)
				  Name, address, and telephone number of the local agency and its executive
				  officer making the application.
(b)
				  A form supplied by the Department, signed by the landowner, allowing the
				  applicant access to the land for three years.
(c) A statement signed by the applicant
				  certifying that the applicant will comply with all applicable local, state and
				  federal laws and regulations.
(d) A
				  statement of the applicant's objectives to be achieved by the proposed
				  project.
(e) A brief statement
				  describing how the proposed project will achieve the objectives stated pursuant
				  to (d) above.
(f) A detailed
				  description of any maintenance measures necessary to ensure the survival of any
				  vegetation planted pursuant to the grant agreement, including a statement
				  describing the terms of any commitment(s) made by any public or private entity
				  to provide such maintenance. Said statement shall be signed by the entity
				  agreeing to provide such maintenance.
(g) A description of the project, including a
				  budget, the number and job nature of the people involved in the project and the
				  source of funds, materials, equipment or services to be provided by the
				  applicant. If applicable, a detailed planting plan shall be attached to show
				  the species to be planted, location of the project, and ancillary landscaping
				  work.
(h) Documentation that there
				  shall be active community participation such as a letter from a local service
				  club.
(i) For nonprofit
				  organizations submitting an application, a description of the organization
				  including the purpose, membership and source of funding.
1.
					 Renumbering and amendment of former Section
					 1554.1 to Section
					 1554, and renumbering and
					 amendment of former Section
					 1554 to Section
					 1554.1 filed 8-2-83; effective
					 thirtieth day thereafter (Register 83, No. 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Section
						4799.10,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 5 - Application Procedures › Section 1554.2 - Application Review and Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of an application for an urban forestry
					 project grant, the Director shall review it for conformance with the Act and
					 these guidelines. Such review shall include an inspection of the project
					 area.
(a) If the Director finds that
				  the application is incomplete in a material way or that the proposed project is
				  not eligible for a grant, the application will be returned and the applicant
				  will be informed that the proposed project is ineligible for funds to be
				  allocated during the present period to which the Director's request for
				  proposals applies. The applicant will be informed that there will be an
				  opportunity to apply for funds during the next period in which the Director
				  requests proposals for urban forestry projects. The Director shall also
				  indicate the information required to complete the application or steps
				  necessary to qualify the proposed project for a grant. When an application is
				  complete and the project is eligible for a grant, the Director shall file the
				  application.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Section
						4799.10,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 5 - Application Procedures › Section 1554.3 - Priority Ranking of Filed Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall develop priority lists of proposed
					 projects by ranking all filed applications. The Director may establish separate
					 priority lists for proposed projects that qualify for special funds available
					 for distribution.
(a) The following
				  criteria shall guide the Director in ranking applications to develop priority
				  lists of proposed projects:
(1) The project
				  provides urban forest resources to areas where such resources are absent, or
				  replenishes such resources where they are badly depleted.
(2) The degree of active community
				  participation provided by the project.
(3) The project demonstrates innovative
				  techniques for developing and managing urban forest resources that can be
				  duplicated in other urban areas.
(4) The project application includes a
				  long-term written commitment by a public or private entity to provide
				  maintenance necessary to ensure survival of trees or landscaping.
(5) The project uses trees or other
				  vegetation to reduce consumption of finite energy resources, or to produce
				  energy and other products from urban forests.
(6) The project is located in an area with an
				  unemployment rate in the relevant census tract that exceeds the average
				  unemployment rate for urban areas in California and provides jobs for currently
				  unemployed persons.
(7) The project
				  is educational in nature and develops public awareness of the need for managing
				  urban forest resources.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 6 - Project Administration › Section 1555 - Notification of Application Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall notify each applicant whose application
					 has been filed pursuant to Section
					 1554.2 and reviewed of the status
					 of its application within ten working days of the completion of review.
(1) For those applications which have been
				  approved and funded, the Director shall notify the applicant that he/she has
				  been awarded a grant for the project. The Director shall forward to the
				  applicant a proposed grant agreement indicating that the final agreement is to
				  be developed through negotiations to represent the interests of both parties
				  and that the funds will be encumbered when a final agreement has been reached.
				  The applicant may then either withdraw its application or complete the
				  negotiations and execute a grant agreement. When the grant agreement is
				  executed, the Director will make the grant funds available to the recipient in
				  the manner and at the times specified in the agreement.
(2) For those applications which have been
				  approved but for which there are no existing funds, the Director shall notify
				  the applicant that he/she will be awarded a grant if funds become available
				  during the fiscal year. If no funds become available during the fiscal year,
				  the Director shall notify the applicant of this and shall encourage him/her to
				  apply for funds during the next period in which the Director requests proposals
				  for urban forestry projects.
(3)
				  For those applications which have not been approved, the Director shall notify
				  the applicant that the application is not high enough on the priority list to
				  receive a grant during this period and shall encourage him/her to apply for
				  funds during the next period in which the Director requests proposals for urban
				  forestry projects.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Sections
						4799.10
						and
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 6 - Project Administration › Section 1555.1 - Grant Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Agreements setting forth the conditions under which an
					 urban forestry project grant is made shall conform to applicable federal and
					 state laws and administrative regulations adopted pursuant thereto. The
					 agreement shall also state that the Director may inspect the project area at
					 any time to assure compliance with the agreement. If upon inspecting the
					 project the Director, or a representative, finds that the project is not
					 progressing in accordance with the agreement, the Director may withhold
					 payments provided that the Director promptly notifies the participant of the
					 reasons for so doing.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Sections
						4799.10
						and
						4799.12,
						Public Resources Code. Reference: Section
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 7 - Appeal Procedures › Section 1556 - Request for Record Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten days of the receipt of notice that the
					 application has been denied pursuant to 14 CAC 1555, the applicant may request
					 that the Director personally reconsider his/her decision of rejection. The
					 request shall identify the applicant and the proposed project, and shall
					 briefly state the applicant's reasons for requesting reconsideration. The
					 Director shall consider the application and all of the correspondence from
					 interested parties in reviewing the decision.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Sections
						4799.10
						and
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.7 - Urban Forestry Program Procedures › Article 7 - Appeal Procedures › Section 1556.1 - Final Decision by the Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director finds that the decision to reject the
					 application conforms to these guidelines and the Act, the Director shall uphold
					 the decision. If the Director finds that the decision to reject the application
					 does not conform to these guidelines or the Act, the Director may approve the
					 application.
1. Amendment
					 filed 8-2-83; effective thirtieth day thereafter (Register 83, No.
					 32).
Note: Authority cited: Section
						4799.12,
						Public Resources Code. Reference: Sections
						4799.10
						and
						4799.12,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 1 - Introduction › Section 1560 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of these regulations is to implement and make
					 specific provisions of Chapter 525, Statutes of 1980 found in Sections of the
					 Public Resources Code relating to prescribed burning and chaparral
					 management.
1. New
					 Chapter 9.8 (Articles 1-6, Sections
					 1560-1569.6) filed 9-16-81;
					 effective thirtieth day thereafter (Register 81, No.
					 38).
Note: Authority cited: Sections
						4475
						and
						4475.5(b),
						Public Resources Code. Reference: Sections
						4464,
						4475,
						4475.5
						and
						4476,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 1 - Introduction › Section 1561 - Abbreviations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following abbreviations apply throughout the
					 Chapter.
APCD means Air Pollution Control District
APCO means Air Pollution Control Officer
CAC California Administrative Code
CEQA California Environmental Quality Act of 1970, as
					 amended, and administrative regulations pertaining thereto.
EIR Environmental Impact Report
m Meter (a metric unit of measure)
PRC Public Resources Code
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Sections
						4462,
						4467(b)
						and
						4476,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 2 - Project Eligibility for Contract › Section 1562 - General Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director may enter into agreements to do prescribed
					 burning or other hazardous fuels reduction projects if all of the following
					 conditions are met:
(a) The applicant
				  is the owner of, or has legal control of, the property on which the project is
				  proposed.
(b) The project is
				  located on wildlands as defined in PRC 4464(f).
(c) The applicant agrees to pay for that
				  portion of the cost, as determined by the Director, to be the private
				  share.
(d) Before any work begins,
				  the participant deposits in a California-licensed financial institution funds
				  equal to the Director's estimate of the private share, or agrees in writing to
				  provide materials, services, equipment, or some combination thereof, in an
				  amount equal to the private share.
(e) The purpose of the agreement includes one
				  or more of the purposes described in PRC 4475(a)(1)-(7).
(f) Notwithstanding other sections of this
				  chapter, the director may waive the landowner cost share requirement where the
				  state's funding source for the project prohibits cost share
				  requirements.
1. Amendment
					 filed 10-27-2009; operative 11-26-2009 (Register 2009, No.
					 44).
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Sections
						4464,
						4475
						and
						4476,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 3 - Contract Application and Cost Sharing Procedures › Section 1563 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A landowner applying for a cost sharing contract to finance
					 a project should submit, with the assistance of a local CDF officer, an
					 application on a form approved by the Director to the appropriate Department
					 office. The completed application form shall include the following:
(a) the information necessary to identify the
				  applicant as the owner or controller of the property;
(b) the information necessary to specifically
				  identify the proposed project area;
(c) the zoning and intended use of the
				  proposed project area;
(d) a
				  description of the proposed project including, but not limited to, the number
				  of acres to be treated by each method;
(e) a proposed project budget including, but
				  not limited to, a description of the landowner's participation in terms of
				  contributed materials, services, equipment by type and hours of use, and/or
				  amount of direct cost payments;
(f)
				  the environmental information required by the Director as part of the
				  application;
(g) an erosion control
				  and land management plan approved by the Director. The management plan shall
				  include maps and descriptive material necessary to:
(1) determine if the proposed project will
				  achieve the landowner's objectives and the purposes of the Act, CEQA, and other
				  state laws; and
(2) evaluate the
				  potential of the project to improve the management of the environment and
				  natural resources including, but not limited to, recreation, esthetics, soils,
				  timber, water, fish, and wildlife.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 3 - Contract Application and Cost Sharing Procedures › Section 1564 - Cost Sharing Schedules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to PRC 4475.5, the Director may enter into
					 agreements with eligible landowners whereby the Director may share the cost of
					 eligible practices.
(a) The State may
				  assume a proportionate share of the cost of site preparation and prescribed
				  burning, and other hazardous fuel reduction not to exceed 90% of the total
				  costs, except as provided in section
				  1562(f). The
				  state's share of such costs shall bear the same ratio to the total costs of the
				  operation as the public benefits bear to all public and private benefits from
				  the operation as estimated and determined by the Director.
(b) In estimating and determining the public
				  and private benefits, the Director shall be guided by the following standards:
(1) use of the formula:
X
=
( B1
					 )
T B1 + B2
X = state's share of cost
T = total project cost
B1 = estimate of public benefits
B2 = estimate of private benefits
and
X/T is not > 0.9
(2) benefits shall be limited to benefits
				  occurring within ten years of the completion of the contract;
(3) benefits shall be divided into two
				  classes: public and private. Public and private classes shall be further
				  subdivided into seven categories: fire hazard reduction; water yields;
				  watershed stabilization; wildlife habitat improvement; fisheries habitat
				  improvement; air quality improvement; and range forage improvement;
(4) benefits shall be described qualitatively
				  under each of these classes and categories, and, where feasible, shall be
				  quantified and valued by department employees consistent with procedures to be
				  enumerated in the Department's administrative manual;
(5) the Director shall arrange the projects
				  in order of their priority for funding as money is available, consistent with
				  Section 1566;
(6) all or part of the total costs to prepare
				  the site and conduct the burn or other hazardous fuels reduction action, and
				  which is the participant's share, may be met by the value of necessary
				  materials, services, or equipment time and use. The above costs shall be
				  determined by the Department, using the prevailing costs. (14 CAC
				  1564.1)
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 3 - Contract Application and Cost Sharing Procedures › Section 1564.1 - Prevailing Cost

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall submit annually to the Board a schedule
					 of the prevailing costs to perform work eligible for cost sharing payments. The
					 schedule shall apply to all cost sharing contracts signed in the next fiscal
					 year. Amendments to prevailing costs schedules may be submitted to the Board by
					 the Director at any time.
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Sections
						4464,
						4475.5
						and
						4476(f),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 4 - Project Review Procedures and Evaluation Criteria › Section 1565 - Application Review and Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director shall continuously accept
				  and review, subject to available resources, applications for cost sharing
				  contracts.
(b) Only when an
				  application is complete and a project is eligible for cost sharing shall the
				  Director file that application.
Note: Authority cited: Section
						4475.5,
						Public Resources Code. Reference: Sections
						4475
						and
						4475.5,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 4 - Project Review Procedures and Evaluation Criteria › Section 1565.1 - Notice of Project Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director may provide notice above and beyond that
					 already required by CEQA by sending copies of filed applications to owners of
					 contiguous land, the Department of Fish and Game, the Department of Parks and
					 Recreation, the appropriate county planning agency, the California Regional
					 Water Quality Control Board, or any other agency with responsibilities related
					 to the project, and the interested public.
Note: Authority cited: Section
						4475.5
						and
						21092,
						Public Resources Code. Reference: Sections
						4475.5
						and
						21092,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 4 - Project Review Procedures and Evaluation Criteria › Section 1565.2 - Preliminary Project Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of an application, the
				  Department shall conduct a preliminary review of the project and shall:
(1) inspect such land in the presence of the
				  applicant to determine whether a cost sharing contract shall be prepared and
				  executed;
(2) determine the manner
				  in which the site for each prescribed burn shall be prepared;
(3) determine the necessary precautions to
				  prevent damage to the property of others by reason of such burning;
				  and
(4) determine whether the plans
				  are consistent with the Program EIR, or whether an additional environmental
				  evaluation is required by CEQA to determine if the applicant, the parcel, and
				  the specific practices proposed for the project satisfy the purposes and
				  criteria set forth in the Act, these procedures, CEQA, and all other applicable
				  state laws, regulations, and administrative procedures.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 4 - Project Review Procedures and Evaluation Criteria › Section 1566 - Ranking and Approval of Filed Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall periodically rank all filed applications
					 for cost sharing contracts by considering, but not being limited to the
					 following criteria: Projects having highest total scores, when all benefits are
					 added, consistent with the provisions of 14 CAC 1564(b); determination that
					 project location is of highest regional priority for fire hazard reduction. The
					 Director shall then approve filed applications in order of priority, giving
					 consideration to administrative constraints such as seasonal variations in
					 applications and the availability of funds that might apply to different types
					 of projects.
Note: Authority cited: Section
						4475(b),
						Public Resources Code. Reference: Section
						4475,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 5 - Request for Reconsideration of Rejected Applications › Section 1567 - Rejection of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Director rejects an application for a project,
					 or establishes conditions following a Preliminary Review that are unacceptable
					 to the applicant, the Director shall return the application to the applicant
					 and state the reasons for rejecting the application.
1. Amendment
					 filed 10-27-2009; operative 11-26-2009 (Register 2009, No.
					 44).
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Section
						4475,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 5 - Request for Reconsideration of Rejected Applications › Section 1568 - Director's Decision Final

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within ten days of receipt of he returned
				  application the applicant may request that the Director personally reconsider
				  his/her decision of rejection. The request shall identify the applicant and the
				  proposed project, and shall briefly state the applicant's reason for requesting
				  reconsideration. The Director shall consider the application and all of the
				  correspondence from interested parties in reviewing his/her decision.
(b) If the Director finds that his/her
				  decision to reject the application conforms to these regulations, the Director
				  shall uphold the decision. If the Director finds that his/her decision to
				  reject the application does not conform to these regulations, the Director may
				  approve the application.
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Section
						4475,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 6 - Resource Protection › Section 1569 - Resource Protection Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Resource Protection Guidelines (14 CAC 1569.1, 1569.6) have
					 been established for chaparral management in order to minimize damage from
					 chaparral management practices. These guidelines shall be a part of the
					 management plan submitted by an applicant. The management plan should
					 demonstrate compliance with applicable sections of this
					 article.
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Section
						4475,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 6 - Resource Protection › Section 1569.1 - Wildlife Protection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Riparian vegetation found along streams and lakes and within marshes, wet
				  meadows, and other wet areas, shall be retained and protected except when
				  managed as part of a fish and wildlife habitat improvement practice, and
				  necessary measures to minimize damage from these practices have been
				  implemented.
(b) All live trees and
				  snags with visible evidence of use as nesting and roosting sites by rare,
				  endangered, or threatened bird species, shall be left undisturbed. Participants
				  are encouraged to leave all snags near streams, lakes and meadows
				  undisturbed.
(c) No projects shall
				  be performed on lands known to support populations of state-listed rare and
				  endangered animals or plants unless an environmental review conducted according
				  to 1565.2(a)(4) indicates that the proposed project(s) will improve such
				  habitat.
(d) Participants are
				  encouraged to retain some older, acorn-producing oaks, to create deer forage
				  lanes in brushfields, and to plant other vegetation to promote species
				  diversity and improve wildlife habitat when such practices are not in conflict
				  with program goals.
(e) If existing
				  vegetation, other than riparian species, is necessary to maintain stream
				  temperatures, such vegetation shall not be removed.
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Sections
						4462,
						4467,
						4475,
						21001(a), (b), (c),
						(f),
						21002,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 6 - Resource Protection › Section 1569.2 - Watercourse and Lake Protection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Throughout the course of the project, the
				  applicant shall keep the watercourse and lake protection zone free of slash,
				  debris, and other material that will harm fish, wildlife, or other beneficial
				  uses of water. Accidental deposits shall be removed immediately.
(b) No tractors, trucks, cars, or other
				  machinery shall be serviced adjacent to lakes or watercourses, or within wet
				  meadows and other wet areas, or in other areas where such servicing will permit
				  grease, oil, fuel, or other toxic substances to enter lakes, watercourses, or
				  wet areas.
(c) Except when
				  performing fish and wildlife habitat improvement practices or forest land
				  conservation practices, heavy earth-moving equipment working on the project
				  area shall be prohibited from working within 15.24m (50 feet) slope distance
				  above the watercourse or lake protection zone. Wider protection zones may be
				  required following an environmental review of the project conducted according
				  to 14 CAC 1565.2(a)(4).
(d) The
				  participant shall be responsible for complying with applicable sections of the
				  Fish and Game Code and local ordinances.
(e) The project's impact on domestic water
				  supplies shall be considered during the project design stage.
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Sections
						4462,
						4467,
						4475,
						21001(a), (b), (c),
						(f),
						21002,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 6 - Resource Protection › Section 1569.3 - Wet Meadows, Marshes, and Other Wet Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No activities shall be permitted in wet meadows, marshes,
					 and other wet areas unless such activities are forest land conservation
					 practices or fish and wildlife habitat improvement practices, and necessary
					 measures to minimize damage from these practices have been
					 implemented.
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Sections
						4462,
						4467,
						4475,
						21001(a), (b), (c),
						(f),
						21002,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 6 - Resource Protection › Section 1569.4 - Erosion Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Activities on identified geologic hazard areas shall be avoided.
(b) Brush removed from slopes with a
				  bulldozer shall be windrowed along the contour. Windrowed brush may be disposed
				  of by burning or any other appropriate methods prior to planting or
				  seeding.
(c) Heavy equipment shall
				  not be operated on the project area when soils are approaching field capacity,
				  or when such activity would cause excessive soil damage.
(d) Heavy equipment shall not be operated on
				  known potential or active slide areas.
(e) Planned type conversions from shrub
				  species to grass shall be limited to situations that will neither cause
				  accelerated erosion, nor contribute to landslides or other mass wasting, and
				  that are edaphically appropriate.
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Sections
						4462,
						4467,
						4475,
						21001(a), (b), (c),
						(f),
						21002,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 6 - Resource Protection › Section 1569.5 - Use of Chemicals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant shall assure that all chemicals used for site
					 preparation and follow-up work shall be applied in accordance with all federal,
					 state, and local laws and regulations.
Note: Authority cited: Section
						4475.5(b),
						Public Resources Code. Reference: Sections
						21001(a), (b), (c),
						(f),
						21002,
						Public Resources Code; Sections
						14006
						and
						14011,
						Food and Agricultural Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.8 - Chaparral Management › Article 6 - Resource Protection › Section 1569.6 - Smoke Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each project plan shall include a Smoke Management Plan. The Plan shall make
				  provisions to prevent the significant deterioration of air quality through
				  prescribed burning and to direct smoke away from smoke sensitive
				  areas.
(b) The Plan shall follow
				  the guideline and checklist of the Chaparral Management Environmental Impact
				  Report.
(c) Local Air Pollution
				  Control District rules with respect to smoke emissions will be
				  followed.
(d) Each permit shall
				  include the statement: "This permit is valid only on those days during which
				  agricultural burning is not prohibited by the State Air Resources Board or by a
				  district pursuant to Section
				  41855
				  of the Health and Safety Code."
(e)
				  Burning shall only be allowed on Burn Days as determined by the Air Resources
				  Board, except on areas declared to be fire hazards.
(f) A permit to burn on No-Burn days may be
				  obtained from an Air Pollution Control District when denial to burn would
				  threaten imminent and substantial economic loss.
(g) On burns prescribed to improve the
				  wildlife habitat, a written statement shall first be obtained by the permittee
				  from the Department of Fish and Game certifying that the burning is desirable
				  and proper for the improvement of land for wildlife or game habitat. This
				  statement shall be provided by the local Fish and Game Officer assigned to the
				  project and will be filed with the local air pollution control
				  officer.
(h) On completion of a
				  burn, a report shall be submitted to the local district or APCO stating the
				  following information:
(1) Date of the
				  burn
(2) Type of vegetation
				  burned
(3) Estimated acreage or
				  tonnage of vegetation burned.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 9.9 - Forest Legacy Program › Article 1 - Introduction › Section 1570 - Purpose of Chapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this chapter is to define rules and
					 procedures necessary for implementation of the California Forest Legacy
					 Program, hereinafter called the "Program." The Program is a combination of the
					 requirements of the California Forest Legacy Program Act of 2007 and the
					 Federal Forest Legacy Program that provides funding and general guidelines for
					 projects purchased with federal funds.
1. New
					 chapter 9.9 (articles 1-7, sections
					 1570-1576), article 1 (section
					 1570) 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
						12249,
						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 - Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  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.
(b) Proposed projects shall meet the
				  eligibility criteria set forth in this section prior to review pursuant to the
				  ranking criteria set forth in Section
				  1573.3. To be eligible for
				  participation, private forest land parcels proposed for inclusion in the
				  Program shall comply with all of the following:
(1) Be threatened by potential
				  conversion.
(2) Be owned by
				  landowners who are willing and interested in selling or donating lands or
				  interests in lands.
(3) Be forested
				  with at least 10-percent canopy cover by conifer or hardwood species, or be
				  capable of being so forested under natural conditions.
(4) Possession of one or more environmental
				  values of great concern to the public and the state:
(A) Important fish and wildlife
				  habitat.
(B) Areas that can help
				  maintain habitat connectivity across landscapes.
(C) Rare plants.
(D) Biodiversity.
(E) Riparian habitats.
(F) Oak woodlands.
(G) Ecological old growth forests.
(H) Other key forest types and seral stages
				  that are poorly represented across California.
(I) Lands that directly affect water quality
				  and other watershed values.
(5) Provision for continuity of one or more
				  traditional forest uses, such as timber harvesting and rangeland livestock
				  production which is utilized for economic purposes, or habitat maintenance and
				  restoration that addresses fire hazard, mortality from pests and disease,
				  carbon storage, restocking of underutilized forests, and reduction of
				  non-native invasive species.
(6)
				  Possession of environmental values that can be protected and managed
				  effectively through conservation easements at reasonable costs.
(7) Be at least partially within or adjacent
				  to a Forest Legacy Area.
(8) Be
				  available for future timber harvesting, grazing or recreation (e.g. hunting,
				  fishing, hiking and other similar uses) and not be prohibited from these
				  activities by any statute, previous conservation easement, or other regulatory
				  requirements.