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California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939 - Wildlife Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Timber Operations shall be planned and conducted to
						maintain suitable habitat for wildlife Species as specified by the provisions
						of this Article. These provisions are in addition to those directly or
						indirectly provided in other Rules of the Board.
1.
						Repealer of former section
						939, and renumbering and amendment
						of former section
						939.1 to section
						939 filed 6-16-83; designated
						effective 7-1-83 pursuant to Government Code section
						11346.2(d)
						(Register 83, No. 25).
2. Repealer of section filed 8-5-91;
						operative 8-5-91 (Register 91, No. 50).
3. Renumbering of former
						section 939 to section
						937.9 filed 8-12-91; operative
						9-11-91 (Register 92, No. 13).
4. New section filed 8-12-91;
						operative 9-11-91 (Register 92, No. 13).
5. Change without
						regulatory effect amending section filed 12-20-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited: Sections
						  4551
						  and
						  4551.5,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513 and and 4713, 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 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.1 - Snag Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within the Logging Area all Snags shall be retained to
						provide wildlife habitat except as follows:
(a) If required by the Director during the
					 review of a THP, Snags over 20 feet in height and 16 inches dbh shall be felled
					 in the following locations:
(1) Within 100
					 feet of main ridge tops that are suitable for fire suppression and delineated
					 on a THP map.
(2) For hazard
					 reduction within 100 feet of all public roads, permanent roads, seasonal roads,
					 Landings, and railroads.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.3 - Specific Requirements for Protection of Nest Sites

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following requirements shall apply to Nest Sites
						containing Active Nests and not to Nest Sites containing only abandoned
						nests.
(a) Buffer Zones shall be
					 established around all Nest Trees containing Active Nests. The Buffer Zones
					 shall be designed to best protect the Nest Site and nesting birds from the
					 Effects of Timber Operations. In consultation with the CDFW, and as approved by
					 the Director, an RPF or Supervised Designee shall flag the location of the
					 boundaries of the Buffer Zone, and the configuration of the Buffer Zone.
					 Consultation with the CDFW shall be required pursuant to
					 14 CCR
					 §
												898. Consideration shall be given to
					 the specific habitat requirements of the bird Species involved when
					 configuration and boundaries of the Buffer Zone are established.
(b) The size of the Buffer Zone for each
					 Species shall be as follows:
(1) For the Bald
					 eagle and Peregrine falcon, the Buffer Zone shall be a minimum of ten acres in
					 size. The Director may increase the Buffer Zone beyond 40 acres in size so that
					 Timber Operation will not result in a "take" of either Species. The Director
					 shall develop the Buffer Zone in consultation with the CDFW and the
					 RPF.
(2) For the Golden eagle, the
					 Buffer Zone shall be a minimum of eight acres in size.
(3) For the Great blue heron and Great egret,
					 the Buffer Zone shall consist of the area within a 300-foot radius of a tree or
					 trees containing a group of five or more Active Nests in close proximity as
					 determined by the CDFW.
(4) For the
					 Northern goshawk, the Buffer Zone shall be a minimum of five acres in size.
					 When explained and justified in writing, the Director may increase the size of
					 the Buffer Zone to a maximum of 20 acres when necessary to protect nesting
					 birds.
(5) For the Osprey, the
					 Buffer Zone may be up to five acres in size. When explained and justified in
					 writing, the Director may increase the size of the Buffer Zone to a maximum of
					 18 acres when necessary to protect nesting birds.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.4 - Non-Listed Species

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where significant adverse impacts to non-listed Species
						are identified, the RPF and Director shall incorporate Feasible practices to
						reduce impacts as described in
						14 CCR
						§
												898.
1. New
						section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
2.
						Change without regulatory effect amending section filed 12-20-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4513
						  and
						  4551.5,
						  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 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.5 - Alternatives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The RPF may propose alternatives to the requirements of
						this chapter, and the Director may approve such alternatives provided all of
						the following conditions are met:
(a)
					 The RPF develops the alternative in consultation with the CDFW.
(b) The Director consults with the CDFW and
					 makes findings that the alternative conforms to (c), below, prior to approving
					 the alternative.
(c) The
					 alternative will provide protection for nesting birds and their nesting sites
					 equal to or greater than the protection that would be afforded by the
					 application of the normal Rules set forth in this chapter.
1. New
						section filed 3-21-83; designated effective 7-1-83 (Register 83, No.
						13).
2. Repealer filed 8-12-91; operative 9-11-91 (Register 92, No.
						13).
3. Renumbering and amendment of former section
						939.8 to section
						939.5 filed 8-12-91; operative
						9-11-91 (Register 92, No. 13).
4. Editorial correction of printing
						error in section heading and HISTORYS 2. and 3. (Register 92, No.
						24).
5. Change without regulatory effect amending section filed
						12-20-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4513
						  and
						  4551.5,
						  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 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.6 - General Protection of Nest Sites. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 3-21-83; designated effective 7-1-83 (Register 83, No.
						13).
2. Amendment of subsection (d) filed 7-23-90 as an emergency;
						operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be
						transmitted to OAL by 11-20-90 or emergency language will be repealed by
						operation of law on the following day.
3. Reinstatement of
						subsection (d) as it existed prior to 7-23-90 emergency amendment by operation
						of Government Code section
						11346.1(f)
						(Register 91, No. 4).
4. Amendment of subsection (d) filed 11-21-90
						as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of
						Compliance must be transmitted to OAL by 3-21-91 or emergency language will be
						repealed by operation of law on the following day.
5. Reinstatement
						of subsection (d) as it existed before emergency amendment filed 11-21-91 by
						operation of Government Code section
						11346.1(f)
						(Register 91, No. 16).
6. Amendment of subsection (d) filed 3-25-91
						as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of
						Compliance must be transmitted to OAL by 7-23-91 or emergency language will be
						repealed by operation of law on the following day.
7. Certificate of
						Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91
						(Register 91, No. 28).
8. Editorial correction of printing error
						putting sections
						939.5 and
						939.6 in correct order (Register
						91, No. 32).
9. Renumbering and amendment of former section
						939.6 to section
						939.2 filed 8-12-91; operative
						9-11-91 (Register 92, No. 13).
10. Editorial correction restoring
						NOTE (Register 92, No. 24).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4513,
						  4551.5,
						  4582.75,
						  4583,
						  and
						  4604,
						  Public Resources Code;
						  14 CCR
						  670.5,
						  and
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.7 - Specific Requirements for Protection of Nest Sites. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 3-21-83; designated effective 7-1-83 (Register 83, No.
						13).
2. Renumbering and amendment of former section
						939.7 to section
						939.3 filed 8-12-91; operative
						9-11-91 (Register 92, No. 13).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4513
						  and
						  4551.5,
						  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 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.8 - Alternatives. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 3-21-83; designated effective 7-1-83 (Register 83, No.
						13).
2. Renumbering and amendment of former section
						939.8 to section
						939.5 filed 8-12-91; operative
						9-11-91 (Register 92, No. 13).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4513
						  and
						  4551.5,
						  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 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.10 - Take of Northern Spotted Owl

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall apply the following criteria to the
						information provided by the Plan submitter and obtained during the review
						period to make a finding as to whether the Timber Operations, as proposed, will
						"take" an individual northern spotted owl.
(a) The Director shall determine that the
					 proposed habitat modification would result in "Harm" to an individual spotted
					 owl if any of the following conditions exist:
(1) Feeding habits would be significantly
					 impaired because prey base or ability to catch prey would be adversely
					 altered;
(2) Breeding success would
					 be significantly impaired because of a reduction in surrounding Owl Habitat
					 before the young have had an opportunity to successfully disperse from their
					 nesting site;
(3) Nesting behavior
					 would be significantly impaired because the Nest Site or adjoining area up to
					 500 feet from the Nest Site would be adversely altered; or
(4) Sheltering (which includes roosting,
					 feeding, and nesting) would be significantly impaired because the ability to
					 escape predators, survive severe weather, or find appropriate microclimates
					 would be adversely altered.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.12 - Sensitive Species Classification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board has the responsibility under the FPA to provide
						protection to all Species occurring in the state's forestlands. The procedure
						to identify those Species that warrant special protection during Timber
						Operations is described as follows:
(a) The public or public agencies may
					 petition the Board to classify a Species as a "Sensitive Species." For the
					 Board to consider such a petition, it must contain a discussion of the
					 following topics:
(1) Range and distributional
					 status of the Species which includes an assessment of occurrence in Timberland
					 as defined by the FPA and Rules.
(2) Indices of population trends describing
					 the abundance of the Species.
(3)
					 Biotic and abiotic factors affecting the population viability or status of the
					 Species. Specific attention should be given to factors related to forest
					 management and harvesting. This should include threats to population and
					 habitat viability, including direct, indirect, and cumulative effects from
					 these and other threats.
(4)
					 Habitat availability and trends that include, but are not limited to, an
					 assessment of the following as appropriate:
A.
					 Dependence on general habitat conditions altered by typical forest management
					 activities and projected time for habitat recovery,
B. Dependence on special habitat elements
					 adversely impacted by Timber Operations,
C. Habitat continuity and juxtaposition
					 requirements as an evaluation of sensitivity to habitat
					 fragmentation.
(5)
					 Suggested Feasible protective measures required to provide for Species
					 protection.
(6) Other information
					 specific to the Species proposed that the petitioner believes to be relevant in
					 assisting the Board to evaluate the petition.
(7) Sources of information relied upon to
					 complete the petition.
(8)
					 Recommended forest practice Rules to provide guidance to RPF's, LTO's,
					 landowners and the Director on Species protection.
(9) The potential economic impacts of
					 classifying a Species sensitive.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.15 - Protection of Wildlife Habitat. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
2.
						Amendment filed 11-22-2006; operative 12-22-2006 (Register 2006, No. 47). For
						additional history, see Register 92, No. 40.
3. Repealer filed
						10-6-2011; operative 1-1-2012 pursuant to Public Resources Code section
						4551.5
						(Register 2011, No. 40).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4512,
						  4551.5,
						  4561
						  and
						  4561.1,
						  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 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.16 - Late Succession Forest Stands

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When Late Succession Forest Stands are
					 proposed for harvesting and such harvest will significantly reduce the amount
					 and distribution of Late Succession Forest Stands or their Functional Wildlife
					 Habitat value so that it constitutes a Significant Adverse Impact on the
					 Environment as defined in
					 14 CCR
					 §
												895.1, the RPF shall provide habitat
					 Structure information for such stands.
A statement of objectives over time shall be included for
						Late Succession Forest Stands on the ownership. The THP, SYP, or NTMP shall
						include a discussion of how the proposed harvesting will affect the existing
						Functional Wildlife Habitat for Species primarily associated with Late
						Succession Forest Stands in the Plan or the Planning Watershed, as appropriate,
						including impacts on vegetation Structure, connectivity, and fragmentation. The
						information needed to address this subsection shall include, but is not limited
						to:
(1) -- A map(s) showing:
A) Late Succession Forest Stands within the
					 Planning Watershed and any other stands that provide Functional Wildlife
					 Habitat for Species primarily associated with Late Succession Forest Stands
					 that are on the ownership, B) those stands which are currently proposed to be
					 harvested, and C) known stands on other ownerships.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.17 - Protection of Old Growth Forest Components. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No.
						25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealer of emergency adoption filed 11-25-91 by operation
						of Government Code section
						11346.1(g)
						(Register 92, No. 40).
Note: Authority cited: Sections
						  4551
						  and
						  21160,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513
						  and
						  21001,
						  Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744
						  (Sept. 23, 1991 Rehg. granted Oct. 23,
						  1991).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 9 - Forest Insect and Disease Protection Practices › Section 939.18 - Protection of Ancient Forest Components. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No.
						25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or
						emergency language will be repealed by operation of law on the following
						day.
2. Repealer of emergency adoption filed 11-25-91 by operation
						of Government Code section
						11346.1(g)
						(Register 92, No. 40).
Note: Authority cited: Sections
						  4551
						  and
						  21160,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513
						  and
						  21001,
						  Public Resources Code; Sierra Club v. Board of Forestry, 285 Cal.Rptr. 744
						  (Sept. 23, 1991 Rehg. granted Oct. 23,
						  1991).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 10 - Violations of Rules Prior to Changes › Section 940 - Violations of Rules Prior to Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Amendment, modification, or repeal of Rules shall not,
						unless otherwise provided, bar action on prior violations of Rules as they
						stood at the time of violation.
1. Change
						without regulatory effect amending section filed 12-20-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited for Article 10 (Section
						  940): Sections
						  4551
						  and
						  4551.5,
						  Public Resources Code. Reference: Sections
						  4512
						  and
						  4513,
						  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 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943 - Intent for Logging Roads, Landings, and Logging Road Watercourse Crossings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All Logging
					 Roads, Landings, and Logging Road Watercourse crossings in the Logging Area
					 shall be planned, constructed, reconstructed, used, maintained, removed,
					 abandoned, and deactivated in a manner that:
(1) Is consistent with long-term enhancement
					 and maintenance of the forest resource.
(2) Accommodates appropriate Yarding
					 systems.
(3) Is economically
					 Feasible.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.1 - Planning for Logging Roads and Landings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Logging Roads and Landings shall be planned and located
						within the context of a systematic layout pattern that considers
						14 CCR
						§
												923(b), uses existing
						Logging Roads and Landings where Feasible and appropriate, and provides access
						for fire and resource protection activities.
(a) Logging Roads and Landings shall be
					 planned and located to minimize the following:
(1) Duplicative roads and total road
					 mileage.
(2) The number of Logging
					 Road Watercourse crossings.
(3)
					 Construction and reconstruction near Watercourses, Lakes, marshes, and Wet
					 Meadows and Other Wet Areas.
(4)
					 Construction and reconstruction across steep areas that lead without flattening
					 to Class I, II, III, or IV Watercourses and Lakes.
(5) Construction and reconstruction on
					 Unstable Areas or in Connected Headwall Swales.
(6) Construction and reconstruction near
					 nesting sites of rare, threatened, or endangered bird Species.
(7) Construction and reconstruction near
					 populations of rare, threatened, or endangered plants.
(8) Ground disturbance and the size of cuts
					 and Fills.
(9) The potential for
					 affecting surface hydrology, including, but not limited to, concentrating or
					 diverting runoff or draining the Logging Road or Landing surface directly into
					 a Watercourse or Lake.
(10)
					 Maintenance needs while being compatible with the Logging Road classification
					 and long-term road usage.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.2 - Design and Location of Logging Roads and Landings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Constructed and Reconstructed Logging Roads and Landings
						shall be designed and located in accordance with their proposed use,
						maintenance requirements, and the approved Plan.
(a) All Logging Roads and Landings shall:
(1) Avoid or mitigate potential impacts to
					 public safety.
(2) Avoid Unstable
					 Areas and Connected Headwall Swales to the extent Feasible and minimize
					 activities that adversely affect them.
(3) Minimize the size of cuts and Fills to
					 the extent Feasible.
(4) Be
					 outsloped where Feasible and drained with Waterbreaks and/or Rolling Dips in
					 conformance with other applicable Forest Practice Rules.
(5) Be hydrologically disconnected from
					 Watercourses and Lakes to the extent Feasible to minimize sediment delivery
					 from road runoff to a Watercourse, and reduce the potential for hydrologic
					 changes that alter the magnitude and frequency of runoff delivery to a
					 Watercourse. Guidance on methods for Hydrologic Disconnection may be found in
					 "Board of Forestry Technical Rule Addendum Number 5: Guidance on Hydrologic
					 Disconnection, Road Drainage, Minimization of Diversion Potential, and High
					 Risk Crossings" (1st Edition, revised 04/21/15), hereby incorporated by
					 reference.
(6) Include adequate
					 drainage structures and facilities necessary to avoid concentrating and
					 diverting runoff, to minimize erosion of roadbeds, Landing surfaces, drainage
					 ditches, Sidecast and Fills, to minimize the potential for soil erosion and
					 sediment transport, and to prevent Significant Sediment Discharge. Guidance on
					 methods for conformance with this rule section may be found in "Board of
					 Forestry Technical Rule Addendum Number 5: Guidance on Hydrologic
					 Disconnection, Road Drainage, Minimization of Diversion Potential, and High
					 Risk Crossings" (1st Edition, revised 04/21/15), hereby incorporated by
					 reference.
(7) Avoid crossing, or
					 locations on, 100 feet or more of lineal distance over any slopes greater than
					 65% or within 100 feet of the boundary of a WLPZ on slopes greater than 50%
					 that drain toward the zoned Watercourse or Lake. Where Logging Road or Landing
					 construction or reconstruction is proposed in these areas, specific measures to
					 minimize movement of soil and the discharge of concentrated surface runoff
					 shall be incorporated in the Plan. The Director may waive inclusion of such
					 measures where the RPF can show that slope depressions, drainage ways, and
					 other natural retention and detention features are sufficient to control
					 overland transport of eroded material.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.3 - Mapping and Identification of Logging Roads and Landings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following mapping and identification standards shall
						apply to Logging Roads and Landings:
(a) For Logging Road- and Landing-related
					 mapping requirements refer to
					 14 CCR
					 §§
												1034(x)(4)(A)-(E) and
					 (5)(A)-(G),
					 1090.5(w)(4)(A)-(L) and
					 (5)-(6),
					 1090.5(gg),
					 1090.7(n)(4)-(7),
					 1092.09
					 (
l
)(5)(A)(1.-5.) and (6)(A)-(G), 1094.6(e)(4)-(5), (11) and
					 (15)-(16) and 1094.8(u)(4)-(7) and (13)-(14).
(b) The RPF shall identify in the field, for
					 use by the LTO, all Logging Roads and Landings to be constructed or to be
					 reconstructed:
(1) Across slopes greater than
					 sixty-five (65) percent for one hundred (100) lineal feet or more.
(2) Across slopes greater than fifty (50)
					 percent for one hundred (100) lineal feet or more within one hundred (100) feet
					 of the boundary of a WLPZ that drains toward the zoned Watercourse or
					 Lake.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.4 - Construction and Reconstruction of Logging Roads and Landings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Logging Roads and Landings shall be constructed or
						Reconstructed in accordance with the approved Plan and the following
						requirements. If a change in designation of Logging Road classification is made
						after the Plan is approved, the change shall be reported in accordance with
						14 CCR
						§§
												1039,
						1040,
						1090.14,
						1092.26,
						1092.27,
						1094.23 or
						1094.24 as appropriate.
(a) Logging Roads and Landings shall be
					 hydrologically disconnected from Watercourses and Lakes to the extent Feasible
					 to minimize sediment delivery from road runoff to a Watercourse, and reduce the
					 potential for hydrologic changes that alter the magnitude and frequency of
					 runoff delivery to a Watercourse. Guidance on methods for Hydrologic
					 Disconnection may be found in "Board of Forestry Technical Rule Addendum Number
					 5: Guidance on Hydrologic Disconnection, Road Drainage, Minimization of
					 Diversion Potential, and High Risk Crossings" (1st Edition, revised 04/21/15),
					 hereby incorporated by reference.
(b) No Logging Roads or Landings shall be
					 constructed (i) within 150 feet of the Class I Watercourse Transition Line,
					 (ii) within 100 feet of the Class II Watercourse Transition Line on slopes
					 greater than 30%, (iii) within Class I, II, III, or IV Watercourses or Lakes,
					 (iv) within a WLPZ, or (v) in marshes, Wet Meadows and Other Wet Areas, except
					 as follows:
(1) At existing Logging Road
					 Watercourse crossings.
(2) At
					 Logging Road Watercourse crossings to be constructed or Reconstructed that are
					 approved as part of the Fish and Game Code process (F&GC §
												1600 et seq.)
(3) At Logging Road Watercourse crossings of
					 Class III Watercourses that are dry at the time of use.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.5 - Erosion Control for Logging Roads and Landings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following Erosion Control standards shall apply to
						Logging Roads and Landings:
(a) All
					 Logging Road and Landing surfaces shall be adequately drained through the use
					 of Logging Road and Landing surface shaping in combination with the
					 installation of drainage structures or facilities and shall be hydrologically
					 disconnected from Watercourses and Lakes to the extent Feasible. Guidance on
					 methods for Hydrologic Disconnection may be found in "Board of Forestry
					 Technical Rule Addendum Number 5: Guidance on Hydrologic Disconnection, Road
					 Drainage, Minimization of Diversion Potential, and High Risk Crossings" (1st
					 Edition, revised 04/21/15), hereby incorporated by reference.
(b) Drainage Facilities and structures shall
					 be installed along all Logging Roads and all Landings that are used for Timber
					 Operations in sufficient number to minimize soil erosion and sediment transport
					 and to prevent Significant Sediment Discharge.
(c) Ditch Drains, associated necessary
					 protective structures, and other features associated with the Ditch Drain
					 shall:
(1) Be adequately sized to convey
					 runoff.
(2) Minimize erosion of
					 Logging Road and Landing surfaces.
(3) Avoid discharge onto unprotected
					 Fill.
(4) Discharge to erosion
					 resistant material.
(5) Minimize
					 potential adverse impacts to slope stability.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.8 - Abandonment and Deactivation of Logging Roads and Landings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All Logging Roads and Landings that are proposed to be
						removed from the Permanent Road Network shall be abandoned. All temporary
						Logging Roads and Landings that are to remain a part of the Permanent Road
						Network shall be deactivated annually prior to the Winter Period or upon
						completion of Timber Operations as specified in an approved Winter Period
						operating Plan pursuant to
						14 CCR
						§
												934.7(b). Other
						Logging Roads and Landings proposed to be deactivated shall comply with the
						standards specified in this section. Where Abandonment or Deactivation is
						required or proposed, specific measures to prevent Significant Sediment
						Discharge that apply the following general requirements shall be described in
						the Plan:
(a) All abandoned and
					 deactivated Logging Roads and Landings shall be left in a condition that
					 provides for long-term, maintenance-free function of drainage and Erosion
					 Controls.
(b) Soil exposed by
					 Abandonment or Deactivation operations shall be removed or stabilized as needed
					 to minimize soil erosion and sediment transport.
(c) Logging Road Watercourse crossings, other
					 drainage structures, and associated Fills shall be removed and stabilized in
					 accordance with
					 14 CCR
					 §
												943.9, subsections
					 (p)(1)-(4).
(d) Logging Roads to be
					 abandoned or deactivated shall be blocked prior to the Winter Period, or upon
					 completion of Timber Operations as specified in an approved Winter Period
					 operating Plan pursuant to
					 14 CCR
					 §
												934.7(b), so that
					 standard production four wheel-drive highway vehicles cannot pass the point of
					 closure at the time of Abandonment or Deactivation. If the Logging Road is to
					 be abandoned, then the blockage design shall be described in the
					 Plan.
1. New
						section filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2.
						Amendment of section heading and repealer and new section filed 6-11-2014;
						operative 1-1-2015 pursuant to Public Resources Code section
						4554.5
						(Register 2014, No. 24).
3. Change without regulatory effect
						amending section filed 12-20-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited: Sections
						  4551,
						  4551.5,
						  4562.7
						  and
						  4562.9,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551,
						  4551.5, 4562.7 and 4562.9, 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 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.9 - Watercourse Crossings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Watercourse crossing drainage structures on Logging Roads
						shall be planned, constructed, reconstructed, and maintained or removed
						according to the standards provided in this rule section.
(a) The planning for and use of Logging Road
					 Watercourse crossings shall include the evaluation and documentation of
					 significant existing and potential erosion sites consistent with
					 14 CCR
					 §
												943.1(e).
(b) The number of crossings shall be kept to
					 a Feasible minimum. Existing Logging Road Watercourse crossing locations shall
					 be utilized where Feasible and appropriate.
(c) All new drainage structures and
					 facilities on Watercourses that support fish or listed aquatic Species shall
					 allow for unrestricted passage of all life stages that may be present, and
					 allow for the natural movement of bedload to form a continuous bed through the
					 crossing. Such structures and facilities shall be fully described in the Plan
					 in sufficient clarity and detail to allow evaluation by the review team and the
					 public, provide direction to the LTO for implementation, and provide
					 enforceable standards for the inspector.
(d) In Watersheds with Listed Anadromous
					 Salmonids, a description of all existing permanent Class I Watercourse
					 crossings shall be provided, where fish are always or seasonally present or
					 where fish passage is restorable. Where it is determined that current crossing
					 conditions may be adversely affecting fish passage at any life stage, the RPF
					 shall disclose such conditions in the Plan and propose measures, if Feasible,
					 to address these conditions subject to the Director's review and
					 determination.
(e) The location of
					 all new permanent constructed and reconstructed, and temporary Logging Road
					 Watercourse crossings, including those crossings to be abandoned or
					 deactivated, shall be shown on a map. If the structure is a culvert intended
					 for permanent use, the minimum Diameter of the culvert and the method(s) used
					 to determine the culvert Diameter shall be specified in the Plan.
(1) The location of all Logging Road
					 Watercourse crossings to be constructed or Reconstructed shall be flagged or
					 otherwise identified on the ground prior to the pre-harvest inspection, if
					 necessary, or prior to Logging Road Watercourse crossing construction or
					 reconstruction. Exceptions may be explained and justified in the Plan and
					 agreed to by the Director if flagging is unnecessary as a substantial aid to
					 examining possible significant adverse effects of the crossing location on the
					 factors listed under
					 14 CCR
					 §
													943(b).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.9.1 - Licensed Timber Operator Responsibility for Roads and Landings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The LTO who is responsible for the implementation or
						execution of the Plan shall not be responsible for the construction and
						maintenance of roads and Landings, unless the LTO is employed for that
						purpose.
1. New
						section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code
						section
						4554.5(a);
						operative the date Department of Fish and Game regulations
						14 CCR
						sections 787.0-787.9 become effective
						(Register 2007, No. 48).
2. Amendment filed 12-1-2009; operative
						1-1-2010 (Register 2009, No. 49).
3. Amendment of section heading,
						repealer and new section and amendment of NOTE filed 6-11-2014; operative
						1-1-2015 pursuant to Public Resources Code section
						4554.5
						(Register 2014, No. 24).
4. Change without regulatory effect
						amending section filed 12-20-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 51).
Note: Authority cited: Section
						  4551,
						  Public Resources Code. Reference: Sections
						  4512
						  and
						  4513,
						  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 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 943.9.2 - Measures to Facilitate Incidental Take Authorization in Watersheds with Coho Salmon. [Effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective] [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code
						section
						4554.5(a);
						operative the date Department of Fish and Game regulations
						14 CCR
						sections 787.0-787.9 become effective
						(Register 2007, No. 48).
2. Change without regulatory effect
						repealing section filed 8-11-2010 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2010, No. 33).
Note: Authority cited: Sections
						  4551,
						  4551.5,
						  4553,
						  4562.7
						  and
						  21000(g),
						  Public Resources Code. Reference: Sections
						  751,
						  4512,
						  4513,
						  4551,
						  4551.5,
						  4562.5,
						  4562.7,
						  21000(g),
						  21001(b)
						  and
						  21002.1,
						  Public Resources Code; Sections
						  100,
						  1243 and
						  13050(f),
						  Water Code; Sections
						  1600
						  and
						  5650(c),
						  Fish and Game Code; and Natural Resources Defense Council, Inc. v. Arcata Natl.
						  Corp. (1976) 59 Cal.App. 3d 959, 131 Cal.Rptr.
						  172.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 945 - Lake County Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to forest practice Rules applying in the
						Northern Forest District, these Rules shall apply within the areas of Lake
						County designated as Scenic Combining District except as provided by subsection
						(f) PRC §
											4516.5.
						Where the general Rules conflict with the Lake County Rules, the Lake County
						Rules shall apply.
1. New
						section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code
						section
						4554.5
						(Register 2000, 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: Section
						  4516.5,
						  Public Resources Code. Reference: Section
						  4516.5,
						  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 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 945.1 - Statement of Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of these Rules is to:
(a) ensure that the visual and aesthetic
					 sites identified within the Scenic Combining District are adequately identified
					 and protected,
(b) provide
					 direction to RPFs preparing Plans which, for the purposes of this section,
					 include THPs, MTHPs, NTMPs, WFMPs, PTEIRs, Notices of Emergency Timber
					 Operations, and any Exemptions Notices pursuant to
					 14 CCR
					 §§
												1038 and
					 1104.1,
(c) provide direction to the Timber Operator
					 conducting Timber Operations,
(d)
					 provide direction to the Department in its review, approval, and inspection
					 programs.
1. New
						section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code
						section
						4554.5
						(Register 2000, No. 48).
2. Amendment of subsections (a) and (b) and
						amendment of NOTE filed 6-2-2017; operative 1-1-2018 pursuant to Public
						Resources Code section
						4554.5(a)
						(Register 2017, No. 22).
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: Section
						  4516.5,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4597,
						  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 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 945.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Scenic Combining District" means a zone of varying
						widths adjacent to county and state maintained roadways and certain state and
						county roads as adopted by county ordinance. The Scenic Combining District is
						administered by the Community Development Department of Lake County.
Scenic Combining District width is measured from the edge
						of the roadway and may extend on both sides of the road. The width of the
						Scenic Combining District is identified, mapped, and administered by the
						Community Development Department.
1. New
						section filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code
						section
						4554.5
						(Register 2000, No. 48).
Note: Authority cited: Section
						  4516.5,
						  Public Resources Code. Reference: Section
						  4516.5,
						  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 5 - Northern Forest District Rules › Article 11 - Logging Roads, Landings, and Logging Road Watercourse Crossings › Section 945.3 - Timber Harvest Prescriptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following Rules shall be applied to all areas
						designated Scenic Combining District. Limited timber harvesting may be allowed
						within the Scenic Combining Districts using the following criteria:
(a) Selection. In the areas designated as
					 Scenic Combining Districts, only the selection Regeneration Method and
					 commercial thinning shall be used. The group selection method (14 CCR §
												933.2(a)(2)(B)) shall not be
					 used.
(1) A map that clearly defines the
					 location and extent of the Scenic Combining District occurring on the site to
					 be harvested shall be submitted with the Plan.
(2) Trees to be harvested shall be marked by
					 or under the supervision of an RPF. All trees to be harvested shall be marked
					 within the Scenic Combining District prior to a preharvest inspection for
					 evaluation.
(3) In all areas
					 designated as Scenic Combining Districts, at least 75 square feet per acre of
					 conifer basal area shall be retained.
(4) Post harvest stand Stocking levels of
					 conifers shall be stated in the Plan. The level of residual Stocking shall be
					 consistent with maximum sustained production for high quality timber products.
					 In no case shall conifer Stocking levels per acre be reduced below the
					 following standards:
(A) Within the first 150
					 feet of the Scenic Combining District, at least 50% of the trees 18 to 24
					 inches dbh, and 50% of the trees 26 inches dbh and larger, shall be
					 retained.
(B) Between 150 and 300
					 feet of the Scenic Combining District, at least 50% of the trees less than 18
					 inches dbh, 40% of the trees 18-24 inches dbh, and 33% of the trees 26 inches
					 dbh and larger shall be retained.
(C) Between 300 feet and the outermost
					 boundary of the Scenic Combining District, 75 square feet of Basal Area Per
					 Acre shall be retained.