reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1038.6 - Butte County Post-Fire Recovery Exemption. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 2-19-2019 as an emergency; operative 2-19-2019 (Register 2019,
						No. 8). A Certificate of Compliance must be transmitted to OAL by 8-19-2019 or
						emergency language will be repealed by operation of law on the following
						day.
2. New section refiled 8-1-2019 as an emergency; operative
						8-20-2019 (Register 2019, No. 31). A Certificate of Compliance must be
						transmitted to OAL by 11-18-2019 or emergency language will be repealed by
						operation of law on the following day.
3. Repealed by operation of
						Government Code section
						11346.1(g)
						(Register 2019, No. 47).
Note: Authority cited: Sections
						  4551,
						  4553
						  and
						  4584,
						  Public Resources Code. Reference: Sections
						  4290,
						  4291,
						  4527,
						  4584
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1038.9 - Agency Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following types of Timber Operations are exempt from
						the provisions of the Z'berg-Nejedly Forest Practice Act, (PRC division 4, part
						2, chapter 8 - beginning at §
											4511) but not exempt from the
						Professional Foresters Law, PRC §
											750
						et. seq.
(a) Timber Operations on land
					 managed by the California Department of Parks and Recreation, provided the
					 Timber Operations have undergone all CEQA evaluation required pursuant to PRC
					 division 13, beginning at §
											21000.
(b) Timber Operations performed by, or
					 authorized by, federal agencies on private lands where federal easements,
					 either partial interest or in fee, have been acquired, provided such activities
					 are analyzed and conducted pursuant to the National Environmental Policy Act
					 (beginning at 42 U.S.C.
					 4321) and achieve the same level of
					 protection as provided by the Rules of the Board in California Code of
					 Regulations, Title 14, division 1.5 (beginning with §
											895).
1.
						Renumbering of former section
						1038.3 to section
						1038.9 filed 2-19-2019 as an
						emergency; operative 2-19-2019 (Register 2019, No. 8). Pursuant to Statutes
						2018, chapter 626, section
						46 (SB 901), this amendment is
						deemed an emergency and shall remain in effect until revised by the Board of
						Forestry and Fire Protection.
Note: Authority cited: Sections
						  4584
						  and
						  4551,
						  Public Resources Code. Reference: Sections
						  4527
						  and
						  4584,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1039 - Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Amendments proposing Substantial Deviation from an
						original Plan shall be submitted to the Director in writing by the Person who
						submitted the original Plan, or the successor in interest. Substantial
						Deviations shall not be undertaken until such amendment has been filed and
						acted upon by the Director in the manner as required in Article 2 of Subchapter
						7 of these Rules for the original Plan.
1.
						Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No.
						37).
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: Sections
						  4551
						  and
						  4591,
						  Public Resources Code. Reference: Sections
						  4591
						  and
						  4591.1,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1039.1 - Effective Period of the Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The effective period of the Plan within the meaning of
						PRC §§
											4590
						and
						4591
						is the five (5)-year period following the date the Plan is determined to be in
						conformance or otherwise becomes effective pursuant to PRC §
											4582.7.
						Timber Operations shall commence no earlier than the expected date of
						commencement stated in the Plan and shall be completed no later than the
						expected date of completion stated in the Plan except under the following
						conditions:
(a) An amendment to change
					 the completion date stated in a Plan has been submitted to the Director at
					 least ten (10) days before the expected date of completion.
(b) An amendment to extend the effective
					 period of a Plan beyond five (5) years is submitted in compliance with PRC
					 §
											4590,
					 which includes a map showing clearly the area pertaining to the request for
					 extension.
Upon receipt of such amendment, the Director shall
						determine whether the change in date constitutes a Substantial Deviation of the
						Plan. An extension of time is presumed to be a minor deviation, provided the
						extension does not lead to practices that constitute a Substantial Deviation,
						as defined in
						14 CCR
						§
													895.1. If the Director determines that
						such change of date constitutes a Substantial Deviation, then the Director
						shall, prior to the date to be changed, so notify the Person submitting the
						Plan. In this case, an amended Plan shall be submitted and no Timber Operations
						shall be conducted pursuant to such proposed change until such amendment is
						found in conformance with PRC §
												4582.7.
1.
						Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No.
						37).
2. Amendment filed 8-19-86; effective thirtieth day thereafter
						(Register 86, No. 34).
3. Change without regulatory effect amending
						section filed 12-10-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 50).
4. Amendment of first paragraph
						and subsection (b) filed 11-23-2015; operative 1-1-2016 pursuant to Public
						Resources Code section
						4554.5
						(Register 2015, No. 48).
5. 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: Sections
						  4551,
						  4553,
						  4590
						  and
						  4591,
						  Public Resources Code. Reference: Sections
						  4582.7,
						  4590,
						  4591
						  and
						  4591.1,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1040 - Report Minor Deviations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Minor Deviations may be undertaken by the Person who
						submitted the Plan without submission of an amendment to the Plan and shall be
						reported immediately in writing to the Director.
Actions described in
						14 CCR
						§
												895.1 which are normally presumed to
						be Substantial Deviations may, in a given instance, be Minor Deviations.
						Actions listed as Substantial Deviations in
						14 CCR
						§
												895.1 but considered to be minor by
						the submitter, may be undertaken only if the Person who submitted the Plan
						submits the proposed deviation in writing to the Director for review and
						receives approval. Approval shall be given if the Director determines that the
						proposed minor deviation conforms to the standards provided in
						14 CCR
						§
												895.1. The Director shall have 5
						working days to act on the application. If the Director or the Director's
						representative does not act within 5 working days of receipt of such a
						deviation, Timber Operations may commence pursuant to such
						amendment.
1.
						Amendment filed 6-26-78 as an emergency; designated effective 7-6-78.
						Certificate of Compliance included. Issuing agency: Board of Forestry (Register
						78, No. 28).
2. Amendment filed 11-7-96; operative 1-1-97 (Register
						96, No. 45).
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
						  4591.1,
						  Public Resources Code. Reference: Sections
						  4583.2
						  and
						  4591.1,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1041 - Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Plan shall be limited to an area with reasonably
						similar timber, geology, soil, topography, climate, and Stream characteristics
						that would constitute a logical harvesting unit. A Plan should be limited to
						that area on which Timber Operations normally will be completed in one 12-month
						period, but in no case shall it extend beyond five (5) years after the Plan is
						determined to be in conformance or otherwise becomes effective under PRC §
											4582.7.
						Plans shall be limited to lands within a particular forest
						District.
1. Change
						without regulatory effect amending section filed 12-10-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 50).
2. Amendment of first paragraph
						and new NOTE filed 11-23-2015; operative 1-1-2016 pursuant to Public Resources
						Code section
						4554.5
						(Register 2015, No. 48).
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: Sections
						  4551,
						  4551.5,
						  4552
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  4590,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1042 - Change of Ownership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any change in ownership of land or timber must be
						reported to the Director if such a change occurs after a Plan is filed but
						before a report of satisfactory completion of Stocking is issued by the
						Director. It shall be the responsibility of the Timber Owner and/or Timberland
						owner listed in the Plan to notify the Director of the change of either
						ownership. Also, before the passage of title, it shall be the responsibility of
						the seller to notify the purchaser of either the timber or Timberland of their
						responsibility for compliance with the Stocking Standards of the Act and the
						Rules of the Board.
After a Plan is found in conformance with the Rules and
						regulations of the Board, the Director may file a Notice of Stocking
						Requirements on the property with the recorder of the county within which the
						Plan is located. When a report of satisfactory Stocking is issued by the
						Director, a Notice of Compliance will be sent to the Timberland
						owner.
1.
						Amendment filed 8-28-84; effective thirtieth day thereafter (Register 84, No.
						35).
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: Sections
						  4551
						  and
						  4552,
						  Public Resources Code. Reference: Sections
						  4588
						  and
						  4608,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1043 - Cancellation of Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All parties, who submitted Plan or their successors, must
						sign the request to the Director for cancellation of a Plan. Once cutting has
						commenced, the Plan may not be cancelled except as to lands not
						harvested.
1. Change
						without regulatory effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1044 - Regulations to Take Effect. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 11-7-96; operative 1-1-97 (Register 96, No.
						45).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1045 - Director Delegation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to expeditiously process Plans, the Director may
						make such delegations deemed to be fit to employees of the Department,
						qualified as RPFs pursuant to Article 3 of Chapter 2.5 of Division 1 of the
						Public Resources Code (commencing with §
											750).
1.
						Amendment of section and new NOTE filed 11-26-97; operative 1-1-98 pursuant to
						Public Resources Code section
						4554.5
						(Register 97, 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: Sections
						  4551
						  and
						  4553,
						  Public Resources Code. Reference: Sections
						  4551
						  and
						  4553,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1051.1 - Contents of Modified THP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Plan submitted under
						14 CCR
						§
												1051 above shall contain all the
						applicable provisions of
						14 CCR
						§
												1034 and the RPF shall:
(a) Identify and map those areas currently
					 understocked and not to be harvested that are at least 3 acres in
					 size.
(b) Use a topographic map
					 base with a minimum scale of 1:12,000.
(c) Certify in the THP that the conditions or
					 facts stated in items 1-16 above exist on the THP area at the time of
					 submission, and that in the preparation, mitigation, and analysis of the THP,
					 no identified potential significant effects remain undisclosed.
(d) Certify that a meeting will be held at
					 the THP site before Timber Operations commence with the RPF responsible for the
					 Plan or Supervised Designee and the licensed Timber Operator who will be
					 operating on the THP where the contents and implementation of the Plan have
					 been reviewed and discussed.
Operations pursuant to this section shall use an
						alternative to the Cumulative Impacts assessment specified in
						14 CCR
						§§
													932.9,
						952.9, and Board Technical Rule
						Addendum No.2. Operations conducted according to this section are presumed to
						be unlikely to cause a significant adverse impact to the environment due to the
						specific restrictive mitigations required in (1) - (15) above.
This presumption of unlikely impacts shall not apply to
						MTHPs for which:
1) the Director
					 determines it does not meet the criteria of subsection
					 14 CCR §
												1051(a),
					 or
2) the Director determines in
					 consultation with trustee or responsible agencies, or upon review of public
					 comments that a fair argument exists that significant individual or Cumulative
					 Impacts will result from Timber Operations. Where issues (a fair argument) are
					 raised the RPF shall complete the appropriate portion of Board Technical Rule
					 Addendum No. 2 and submit that information for the Director's
					 review.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1051.2 - Review of Modified THP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall require a preharvest inspection of
						modified timber harvest Plans when substantial question by Review Team members
						exist on Plan contents or environmental impacts, and where winter operations
						are proposed according to
						14 CCR
						§§
												914.7 (a) and
						(b) [934.7(a) and (b), 954.7 (a) and
						(b)].
1. New
						section filed 7-6-93; operative 7-6-93 pursuant to Government Code section
						11346.2(d)
						(Register 93, No. 28).
2. Expired by its own terms on 7-6-94
						(Register 95, No. 17).
3. New section filed 4-28-95; operative
						4-28-95 pursuant to Government Code section
						11343.4(d)
						(Register 95, No. 17).
4. 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: Sections
						  4551,
						  4551.5,
						  4593,
						  21082
						  and
						  21086,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551,
						  4551.5,
						  4552,
						  4593,
						  21082,
						  21084
						  and
						  21086,
						  Public Resources Code; and Sections
						  15300,
						  15300.3,
						  15300.4 and
						  15304, California Administrative
						  Code (CAC).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1051.3 - Modified THP for Fuel Hazard Reduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of
						14 CCR
						§§
												1051.3-1051.7 is to encourage
						forest landowners to consistently manage vegetation to create fire resilient
						conditions, and reduce the threat, and potentially deleterious effects of
						unmanaged fire. These fire resilient conditions are to be achieved through the
						prescribed reduction and spatial rearrangement of surface and Ladder Fuels as
						well as thinning to reduce Stocking levels and increase vertical and horizontal
						spacing between standing stems. Operations pursuant to
						14 CCR
						§§
												1051.3-1051.7 are expected to
						result in Project area conditions that reduce the rate of fire spread, duration
						and intensity of a fire, fuel ignitability, and ignition of tree crowns.
14 CCR §§
												1051.3-1051.7 provides for the utilization of
						Intermediate Treatments and special prescriptions, and is not intended to
						support even-aged or uneven-aged Regeneration Methods. Surface and ladder fuel
						reduction is the primary focus of
						14 CCR
						§§
												1051.3-1051.7 rather than
						Overstory removal of Dominant and Codominant trees.
In addition to the standards prescribed in
						14 CCR
						§§
												1051.3-1051.7, all other Rules
						of the Board adopted pursuant to the Administrative Procedures Act and
						applicable to Timber Harvesting Plans shall likewise apply to operations
						conducted under a Modified THP for Fuel Hazard Reduction.
1. New
						section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code
						section
						4554.5
						(Register 2011, No. 31). For prior history, see Register 97, No.
						41.
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: Sections
						  4551,
						  4551.5
						  and
						  4593,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551,
						  4551.5,
						  4552
						  and
						  4593,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1051.5 - Contents of Modified THP for Fuel Hazard Reduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Plan submitted under section
						14 CCR §
											1051.3 above shall contain all the
						provisions of
						14 CCR
						§
												1034 except
						14 CCR
						§
												1034 (z) and the RPF
						shall:
(a) Use a topographic map base
					 with a minimum scale of 1:12,000.
(b) Certify in the MTHP-FHR that the
					 conditions or facts stated in items
					 14 CCR
					 §
												1051.4 (a) (1)-(13)
					 above exist on the MTHP-FHR area at the time of submission, and that in the
					 preparation, mitigation, and analysis of the MTHP-FHR document, no identified
					 potential significant effects remain undisclosed.
(c) Certify that a meeting will be held at
					 the MTHP-FHR site before Timber Operations commence with the RPF responsible
					 for the Plan, or Supervised Designee, and the licensed Timber Operator who will
					 be operating on the MTHP-FHR area where the contents and implementation of the
					 Plan have been reviewed and discussed.
(d) Certify in writing that in developing the
					 MTHP-FHR, the RPF has completed a Cumulative Impacts assessment as specified in
					 14 CCR
					 §
												898 and Board Technical Rule Addendum
					 No. 2, 14
					 CCR §§
												912.9,
					 932.9, and
					 952.9. Operations conducted
					 pursuant to this section are presumed to be unlikely to cause a significant
					 adverse impact to the environment due to the specific restrictive mitigations
					 required in
					 14 CCR
					 §
												1051.4 (a)(1)-(13)
					 above. This presumption of unlikely impacts shall not apply to MTHP-FHR for
					 which:
1) the Director determines it does not
					 meet the criteria of subsection
					 14 CCR §
												1051.4(a),
					 or
2) the Director determines in
					 consultation with trustee or responsible agencies, or upon review of public
					 comments that a fair argument exists that significant individual or Cumulative
					 Impacts will result from Timber Operations. Where a fair argument is raised,
					 the RPF shall complete the appropriate corresponding portion of Board Technical
					 Rule Addendum No. 2,
					 14 CCR
					 §§
													912.9,
					 932.9, and
					 952.9 and submit that information
					 for the Director's review.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1051.6 - Review of Modified THP for Project Area Fuel Hazard Reduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director may require a pre-harvest inspection of a
						MTHP-FHR when CAL FIRE Review Team members identify questions specific to a
						resource concern pursuant to
						14 CCR
						§
												1037.5(g).
1. New
						section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code
						section
						4554.5
						(Register 2011, No. 31).
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: Sections
						  4551,
						  4551.5
						  and
						  4593,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551,
						  4551.5,
						  4552
						  and
						  4593,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1051.7 - Evaluation of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
14 CCR §§
												1051.3-1051.7 shall be subject to review by
						the Board no later than five years from the effective date. Prior to this
						review, the Board in consultation with the Director shall convene a panel of
						technical experts to evaluate the efficacy of
						14 CCR
						§§
												1051.3-1051.7 and report their
						findings. The Department shall report to the Board at least once annually on
						the use and effectiveness of
						14 CCR
						§§
												1051.3-1051.7 for as long as
						these rule sections remain effective.
1. New
						section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code
						section
						4554.5
						(Register 2011, No. 31).
Note: Authority cited: Sections
						  4551,
						  4551.5
						  and
						  4593,
						  Public Resources Code. Reference: Sections
						  4512,
						  4513,
						  4551,
						  4551.5,
						  4552
						  and
						  4593,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1052.1 - Emergency Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The following are conditions that constitute an Emergency pursuant to
					 14 CCR
					 §
												895.1:
(1) Trees that are dead or dying as a result
					 of insects, disease, parasites, or animal damage.
(2) Trees that are fallen, damaged, dead or
					 dying as a result of wind, snow, freezing weather, drought, fire, flood,
					 landslide or earthquake.
(3) Trees
					 that are dead or dying as a result of air or water pollution.
(4) Cutting or removing trees required for
					 Emergency construction or repair of roads.
(5) Where high, very high or extreme fuel
					 hazard conditions, the combination of combustible fuel quantity, type,
					 condition, configuration and terrain positioning, pose a significant fire
					 threat on private Timberlands. Cutting and removal of hazardous fuels,
					 including trees, shrubs and other woody material, is needed to eliminate the
					 vertical and horizontal continuity of Understory fuels, Surface Fuels, and/or
					 crown fuels, for the purpose of reducing the rate of fire spread, fire duration
					 and intensity, and fuel ignitability.
(6) An isolated infestation of Sudden Oak
					 Death (SOD) (caused by
Phytophthora ramorum
), in the locations
					 listed below, where such treatments are intended to eradicate the infestation
					 or significantly slow the spread of the disease. For the purpose of this rule
					 an isolated infestation is:
(A) An
					 infestation located in a Planning Watershed where SOD had not previously been
					 noted; or
(B) An infestation
					 located in a Planning Watershed that is greater than 1 mile from a known SOD
					 infestation; or
(C) A new
					 infestation within a Planning Watershed where all known previous SOD
					 infestations within the ownership have been or will be subject to control or
					 eradication efforts; or
(D) A
					 location where landowners seek to contain an infestation, even though some
					 landowners have not made proactive efforts within a Planning Watershed, and the
					 Department's Pest Specialist determines that control efforts may be
					 effective.
(E) An isolated
					 infestation is limited to locations in the following counties: Alameda, Contra
					 Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Mateo,
					 San Luis Obispo, Santa Clara, Santa Cruz, Solano, and
					 Sonoma.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1052.2 - Emergency Substantiated by RPF

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The RPF preparing the Notice of Emergency Timber
						Operations shall describe the nature of the Emergency and the need for
						immediate cutting in sufficient detail so that the reason for the Emergency is
						clear. An Emergency is presumed to exist where:
(a) Trees or vegetation have been confirmed
					 to be infected with the pathogen that causes Sudden Oak Death through testing
					 by a lab certified by the United States Department of Agriculture, and the RPF
					 has determined that the pathogen is likely to spread to adjacent trees or
					 vegetation, or
(b) Tree killing
					 insects have killed and are likely to kill trees within one year on Timberland.
					 Trees will be considered likely to die when they are determined, by an RPF, to
					 be high risk by either:
(1) Risk
					 classification systems including Smith et al., 1981; The California pine
					 risk-rating system: its development, use, and relationship to other systems; In
					 Hazard-Rating Systems in Forest Insect Pest Management, Hedden et al., eds.
					 USDA Forest Service General Technical Report WO-27, pp. 53-69; Ferrell. 1989;
					 Ten-year risk-rating systems for California Red Fir and White Fir: development
					 and use; USDA Forest Service General Technical Report PSW-115, 12p.; or similar
					 risk-rating systems recognized by the profession; or
(2) Where evidence of a current beetle attack
					 exists (i.e. existence of boring dust, woodpecker feeding, or recent top kill)
					 and these trees are within 100 feet of multiple tree kills. Such trees shall be
					 marked by an RPF or the Supervised Designee before felling.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1052.3 - Emergency Notice for Insect Damaged Timberlands

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Emergency Timber Operations, under the presumed Emergency
						standard of
						14 CCR
						§
												1052.2, may be commenced provided a
						RPF is responsible for an on-site inspection, and tree Marking when required by
						subsection (a):
(a) The Emergency
					 notice used with this section is to be used only for the harvesting of dead
					 trees and those dying because of insect attack. Trees with green crowns that
					 are to be harvested must be under insect attack which is likely to lead to
					 mortality within one year, and shall be stump marked or otherwise designated by
					 an RPF prior to cutting.
1. New
						section filed 5-3-89 as an emergency; operative 5-3-89 (Register 89, No. 19). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 8-31-89.
2. Repealed by
						operation of law (Register 90, No. 10).
3. New section filed 3-2-90
						as an emergency; operative 3-2-90 (Register 90, No. 10). A Certificate of
						Compliance must be transmitted to OAL within 120 days or emergency language
						will be repealed on 7-2-90.
4. New section filed 7-19-90 as an
						emergency; operative 7-19-90 (Register 90, No. 37). A Certificate of Compliance
						must be transmitted to OAL within 120 days or emergency language will be
						repealed on 11-16-90.
5. Repealed by operation of Government Code
						section
						11346.1(g)
						120 days from effective date (Register 91, No. 40).
6. New section
						filed 8-5-91; operative 8-5-91 (Register 91, No. 50).
7. Amendment
						filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section
						4554.5
						(Register 97, No. 48).
8. Change without regulatory effect repealing
						subsection (b) filed 2-17-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 7).
9. 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: Sections
						  4551,
						  4552
						  and
						  4554,
						  Public Resources Code. Reference: Section
						  4592,
						  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 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1052.4 - Emergency Notice for Fuel Hazard Reduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The RPF preparing the Notice of Emergency Timber
						Operations for Fuel Hazard Reduction shall describe the nature of the Emergency
						and the need for immediate cutting in sufficient detail so that the reason for
						the Emergency is clear. Emergency Timber Operations, under the presumed
						Emergency standard of
						14 CCR
						§
												1052.1, may be commenced and conducted
						when in conformance with the following:
(a) RPF develops and documents the vegetative
					 treatments necessary to meet the goals of
					 14 CCR
					 §
												1052.1(a)(5), and
					 ensures postharvest conditions are in accordance with all subsections in
					 14 CCR
					 §
												1052.4. Such documentation shall
					 include the following:
(1) A description of
					 the preharvest stand structure, statement of the postharvest stand Stocking
					 levels, and description of postharvest stand structure.
(2) A description of the criteria to
					 designate trees to be harvested or trees to be retained, including those trees
					 harvested pursuant to
					 14 CCR
					 §
													1052.4(d)(1)(A) and
					 (d)(2).
(3) All trees that are harvested or all trees
					 that are retained shall be marked or sample marked by, or under the supervision
					 of, an RPF before felling operations begin. When trees are sample marked, the
					 designation prescription for unmarked areas shall be in writing and the sample
					 mark area shall include at least 10% of the Harvest Area to a maximum of twenty
					 (20) acres per stand type which is representative of the range of conditions
					 present in the Harvest Area.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 2 - Timber Harvesting Plan › Section 1052.5 - Emergency Notice for Outbreaks of Sudden Oak Death Disease

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The RPF
					 preparing the Emergency Notice shall do all of the following:
(1) provide as part of the Emergency Notice
					 the certified lab testing results validating that trees or vegetation in the
					 infestation area are infected with
Phytophthora ramorum
, the
					 pathogen responsible for SOD;
(2)
					 seek to encompass the entire infestation area and landownership(s) necessary to
					 undertake effective control or eradication in the area covered by the Emergency
					 Notice, however, the Emergency Notice is not required to encompass these
					 areas;
(3) obtain written
					 concurrence from a Department Forest Pest Specialist or Department designee
					 regarding tree and vegetation treatments or removal and strategies to control
					 or suppress the SOD infestation pursuant to
					 14 CCR
					 §
													1052.5(c);
(4) designate for treatment or removal the
					 host hardwood Species in the infested areas and within 330 feet of the
					 infestation area to control the spread of SOD consistent with Forest Pest
					 Specialist concurrence in (3) above;
(5) avoid designation of conifer trees for
					 treatment or removal except as necessary to facilitate the removal of host
					 hardwood Species, the salvage of conifer trees accidentally damaged during
					 Timber Operations, or as specified by a Department Forest Pest Specialist for
					 purposes of controlling the spread of SOD.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1053 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in this article govern
						procedures affecting appeals to the Board on return of Plans by the Director
						pursuant to the provisions of PRC §
											4582.7.
1. 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 for Article 3 (Sections
						  1053-1059): Sections
						  4551,
						  4552
						  and
						  4571,
						  Public Resources Code. Reference: Section
						  4582.7,
						  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 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054 - Return of Plan by Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the Director determines that a Plan is not in conformance with the Rules
					 of the Board, the Plan shall be returned to the Person submitting the Plan with
					 a statement including the following:
(1) The
					 reasons for returning the Plan;
(2)
					 Notice that the Person submitting the Plan has a right to a public hearing
					 before the Board, providing the Person submitting the Plan requests such
					 hearing within 10 days from receipt of such Plan as set forth in
					 14 CCR
					 §
													1055; and
(3) Notice that Timber Operations under the
					 Plan shall not commence.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054.1 - Right to Request Public Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Person submitting a Plan to whom such Plan is
						returned by the Director on the grounds that it is not in conformance with the
						Rules of the Board, may within 10 days of receipt of the Plan request a public
						hearing before the Board consistent with
						14 CCR
						§§
												1055.2 and
						1055.4.
1.
						Renumbering former section
						1055 to section
						1054.1 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 83, No.
						37.
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: Sections
						  4551 and
						  4582.75,
						  Pubic Resources Code. Reference: Sections
						  4582.7 and
						  4582.75,
						  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 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054.2 - Form of Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The request for hearing shall be in writing and shall
						contain the following:
(a) A statement
					 requesting a hearing before the Board;
(b) Identification of the Plan; and
(c) The name and address of the Person making
					 the request.
1.
						Renumbering former section
						1055.2 to section
						1054.2 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 90, No.
						10.
2. Change without regulatory effect amending subsections (b)-(c)
						filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054.3 - Filing of Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Such request shall be deemed to be filed on the date,
						whichever is earlier, upon which it is postmarked or the date upon which it is
						otherwise received at the office of the State Board of Forestry and Fire
						Protection at the State of California Resources Building, 715 P Street
						Sacramento, CA 95814 or P.O. Box 944246, Sacramento, CA
						94244-2460.
1.
						Renumbering former section
						1055.4 to section
						1054.3 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 90, No.
						10.
2. Change without regulatory effect amending section filed
						2-17-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 7).
3. Change without regulatory
						effect amending section and adding NOTE filed 10-12-2021 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 42).
Note: Authority cited: Sections
						  4551
						  and
						  4582.75,
						  Public Resources Code. Reference: Sections
						  4582.7
						  and
						  4582.75,
						  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 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054.4 - Public Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall schedule and hold a public hearing on
						such request no later than 30 days from the filing of the request for hearing,
						or at such later time as may be mutually agreed upon by the Board and the
						Person submitting the Plan and filing the request. The hearing may be scheduled
						as part of a regular meeting of the Board, or as part of any special meeting,
						provided that sufficient time is provided for the notice of hearing in
						accordance with
						14 CCR
						§
												1056.2.
1.
						Renumbering of former section
						1056 to section
						1054.4 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 90, No.
						10.
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).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054.5 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
					 least 15 days prior to the hearing, the Board shall give public notice as
					 follows:
(1) Mailing the notice to the
					 applicant, and mailing such notice to the Director for distribution as provided
					 in subsections (2)-(5) below;
(2)
					 Mailing the notice to any Person who has submitted written comment on the Plan
					 and to any Person requesting notice of the appeal or hearing;
(3) Posting such notice in a conspicuous
					 location available to the public in the appropriate CAL FIRE Review Team
					 Office;
(4) Posting of the notice
					 at the place where notices are customarily posted at the county courthouse of
					 the county within which the proposed Timber Operations are to take
					 place;
(5) Any other dissemination
					 of the notice determined to be appropriate by the Director to provide full
					 participation in the hearing by the interested public.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054.6 - Hearing Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record before the Board upon the public hearing shall
						be as follows:
(a) The timber
					 harvesting Plan;
(b) All reports,
					 findings, communications, correspondence, and statements in the file of the
					 Department relating to the Plan.
1.
						Renumbering former section
						1057 to section
						1054.6 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 90, No.
						10.
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).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054.7 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The public hearing should normally proceed in the following manner:
(1) Identification of the record;
(2) Statements on behalf of Person submitting
					 the Plan;
(3) Statements of members
					 of the public;
(4) Motion to close
					 public hearing.