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 6.75 - Sustained Yield Plan › Section 1091.10 - Review of Sustained Yield Plan (SYP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director shall review and approve or disapprove a
						SYP. The Director's determination shall be based on multi-disciplinary review
						used to determine whether the SYP satisfies the requirements of MSP and, in
						case of watershed and fisheries and wildlife issues, whether the SYP identifies
						potentially significant adverse impacts and includes Feasible measures
						necessary to mitigate or avoid such impacts and is consistent with
						14 CCR
						§
												897 (b). Where
						significant impacts are identified and Feasible mitigation is not available, a
						THP relying upon the SYP shall address these remaining impacts. Reasonable
						Mitigation considered but rejected as infeasible shall be identified.
For purposes of PRC §
											4582.7
						submission of a SYP shall be deemed to constitute agreement by the SYP
						submitter to extend the review and comment periods to the times specified in
						this article.
(a) Within 20 days of
					 receipt of an SYP, the Director shall determine if the SYP is in proper order,
					 and meets the informational requirements of the Rules, and if so, the SYP shall
					 be filed. If the SYP is not acceptable for filing the Director shall return the
					 SYP with written specifications of the deficiencies.
Where the Director does not make this determination
						within 20 days the Plan shall be deemed filed. Once the SYP is accepted for
						filing the Director shall have 45 days or a longer period as mutually agreed to
						by the submitter and the Director to review and determine if the SYP contains
						sufficient and complete information to permit further review by the public and
						other agencies. If it does not, the Director will communicate with the
						submitter with written specification of the deficiencies including any
						information necessary to review and analyze the SYP. When the submitter
						provides adequate written response to each of the deficiencies, the SYP will be
						scheduled for further review. The Director shall deny the SYP if the
						information is not provided or is insufficient.
Once the SYP is ready for public and agency review the
						Director shall schedule a date for the start of a 90 day or longer period as
						mutually agreed to by the submitter and the Director.
(b) The Director shall schedule the SYP for
					 the 90 day review as the SYP is determined to be ready for further review while
					 considering Departmental workload.
(c) Public Notice of SYP.
The Director shall 15 days prior to the start of the 90
						day scheduled review transmit notice to the public and agencies consistent with
						the noticing requirements of
						14 CCR
						§§
													1037.5 and
						1037.1 b(1-5). The notice shall
						advise the public of the name of the submitter, geographic location of the SYP,
						where a copy of the SYP can be reviewed or obtained and when and where the
						public hearing will be held.
(d) Public Hearing.
The Director shall hold a public hearing on the SYP
						within 45 days form the start of the Public Review Period. The SYP submitter
						shall participate with the Director in that hearing.
(e) Determination Period.
At the end of the review and comment period the Director
						shall have 30 days to review public input, consider recommendations and
						mitigation measures of other public agencies, respond in writing to the issues
						raised and determine if the SYP is in conformance with the Rules. Within this
						period, the Director shall make a determination of
						conformance.
(f) SYP
					 Disapproval.
If the Director disapproves a SYP, the Director shall
						provide written reasons for disapproval that conform with
						14 CCR
						§
													1054.
1. New
						section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2.
						Amendment of subsection (a) filed 5-16-94; operative 5-16-94 (Register 94, No.
						20).
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
						  and
						  4561,
						  Public Resources Code. Reference: Sections
						  4551.5,
						  4561,
						  21003
						  and
						  21068.5,
						  Public Resources Code.