State Codes and Statutes

Statutes > California > Prc > 4521-4529.5

PUBLIC RESOURCES CODE
SECTION 4521-4529.5



4521.  Unless the context otherwise requires, the definitions set
forth in this article shall govern the construction of this chapter.



4521.3.  "Board" means the State Board of Forestry and Fire
Protection.


4522.  "Committee" means a district technical advisory committee.



4522.5.  "Cutover land" means land which has borne a crop of
commercial timber from which at least 70 percent of the merchantable
original growth timber stand has been removed by logging or destroyed
by fire, insects, or tree diseases and which is now supporting, or
capable of growing, a crop of commercial timber or other forest
products, and which has not been converted to other commercial or
agricultural use.



4523.  "District" means a forest district.



4524.  "License" means a license to engage in timber operations,
issued pursuant to Article 6 (commencing with Section 4571) of this
chapter.


4525.  "Person" includes any private individual, organization,
partnership, corporation, limited liability company, city, county,
district, or the state or any department or agency thereof.



4525.3.  "Resource conservation standards" means the minimum
acceptable condition resulting from timber operations.



4525.5.  "Rules" means the district forest practice rules adopted by
the board.



4525.7.  "Slash" means branches or limbs less than four inches in
diameter, and bark and split products debris left on the ground as a
result of timber operations.



4526.  "Timberland" means land, other than land owned by the federal
government and land designated by the board as experimental forest
land, which is available for, and capable of, growing a crop of trees
of any commercial species used to produce lumber and other forest
products, including Christmas trees. Commercial species shall be
determined by the board on a district basis after consultation with
the district committees and others.



4526.5.  "Timber operator" means any person who is engaged in timber
operations himself or who contracts with others to conduct such
operations on his behalf, except a person who is engaged in timber
operations as an employee with wages as his sole compensation.




4527.  (a) (1) "Timber operations" means the cutting or removal, or
both, of timber or other solid wood forest products, including
Christmas trees, from timberlands for commercial purposes, together
with all the incidental work, including, but not limited to,
construction and maintenance of roads, fuelbreaks, firebreaks, stream
crossings, landings, skid trails, and beds for the falling of trees,
fire hazard abatement, and site preparation that involves
disturbance of soil or burning of vegetation following timber
harvesting activities conducted after January 1, 1988, but excluding
preparatory work such as treemarking, surveying, or roadflagging.
   (2) "Commercial purposes" includes (A) the cutting or removal of
trees that are processed into logs, lumber, or other wood products
and offered for sale, barter, exchange, or trade, or (B) the cutting
or removal of trees or other forest products during the conversion of
timberlands to land uses other than the growing of timber that are
subject to Section 4621, including, but not limited to, residential
or commercial developments, production of other agricultural crops,
recreational developments, ski developments, water development
projects, and transportation projects.
   (b) For purposes of this section, the removal of trees less than
16 inches in diameter at breast height from a firebreak or fuelbreak
does not constitute "timber operations" if the removal meets all of
the following criteria:
   (1) It is located within 500 feet of the boundary of an urban wild
land interface community at high risk of wildfire, as defined on
pages 752, et seq. of Number 3 of Volume 66 (January 4, 2001) of the
Federal Register, as that definition may be amended from time to
time. For purposes of this paragraph, "urban wildland interface
community at high risk of wildfire" means an area having one or more
structures for every five acres.
   (2) It is part of a community wildfire protection plan approved by
the department or part of a department fire plan.
   (3) The trees to be removed will not be processed into logs or
lumber.
   (4) The work to be conducted is under a firebreak or fuelbreak
project that has been subject to a project-based review pursuant to a
negative declaration, mitigated negative declaration, or
environmental impact report in compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)). For projects to be conducted on forested landscapes, as
defined in Section 754, the project and the project-based review
shall be prepared by or in consultation with a registered
professional forester.
   (5) The removal of surface and ladder fuels is consistent with
paragraph (9) of subdivision (k) of Section 4584.



4527.5.  "Timber owner" means any person who owns commercial timber,
timberland, cutover land, or timber rights, including Christmas tree
rights, on lands of another except a federal agency.



4528.  As used in this chapter:
   (a) "Basal area per acre" means the sum of the cross-sectional
areas at breast height of the tree stems of commercial species per
acre.
   (b) "Countable tree" means a tree that can be used in calculating
the degree of stocking under the following criteria:
   (1) The tree must be in place at least two growing seasons.
   (2) The tree must be live and healthy.
   (3) The tree must have at least one-third of its length in live
crown, except in pure stands of Douglas fir the tree must have at
least one-fourth of its length in live crown.
   (4) The tree must be a commercial species from a local seed source
or a seed source which the registered professional forester
determines will produce commercial trees physiologically suited for
the area involved.
   (c) "Stocking" means a measure of the degree to which space is
occupied by well-distributed countable trees.
   (d) "Site classification" means the classification of productive
potential of timberland into one of five classes by board regulation,
consistent with normally accepted forestry practices. Site I shall
denote sites of highest productivity, site II and site III shall
denote sites of intermediate productivity potential, and site IV and
site V shall denote sites of lowest productivity potential.
   (e) "Fuel break" means a strip of modified fuel to provide a line
from which to work in the control of fire.
   (f) "Stream" means a natural watercourse as designated by a solid
line or dash and three dots symbol shown on the largest scale United
States Geological Survey map most recently published.




4528.5.  This chapter does not apply to any person who engages in
activities herein regulated, as an employee, with wages as his sole
compensation.


4529.  The penalties and remedies which are prescribed in this
chapter are concurrent and alternative to any other civil, criminal,
or administrative rights, remedies, or penalties which are provided
or allowed by law with respect to such violation.




4529.5.  Service of documents where required under this chapter may
be made by registered or certified mail addressed to the respondent's
latest address registered on file with the department. Where other
forms of service are prescribed, personal service is not precluded.


State Codes and Statutes

Statutes > California > Prc > 4521-4529.5

PUBLIC RESOURCES CODE
SECTION 4521-4529.5



4521.  Unless the context otherwise requires, the definitions set
forth in this article shall govern the construction of this chapter.



4521.3.  "Board" means the State Board of Forestry and Fire
Protection.


4522.  "Committee" means a district technical advisory committee.



4522.5.  "Cutover land" means land which has borne a crop of
commercial timber from which at least 70 percent of the merchantable
original growth timber stand has been removed by logging or destroyed
by fire, insects, or tree diseases and which is now supporting, or
capable of growing, a crop of commercial timber or other forest
products, and which has not been converted to other commercial or
agricultural use.



4523.  "District" means a forest district.



4524.  "License" means a license to engage in timber operations,
issued pursuant to Article 6 (commencing with Section 4571) of this
chapter.


4525.  "Person" includes any private individual, organization,
partnership, corporation, limited liability company, city, county,
district, or the state or any department or agency thereof.



4525.3.  "Resource conservation standards" means the minimum
acceptable condition resulting from timber operations.



4525.5.  "Rules" means the district forest practice rules adopted by
the board.



4525.7.  "Slash" means branches or limbs less than four inches in
diameter, and bark and split products debris left on the ground as a
result of timber operations.



4526.  "Timberland" means land, other than land owned by the federal
government and land designated by the board as experimental forest
land, which is available for, and capable of, growing a crop of trees
of any commercial species used to produce lumber and other forest
products, including Christmas trees. Commercial species shall be
determined by the board on a district basis after consultation with
the district committees and others.



4526.5.  "Timber operator" means any person who is engaged in timber
operations himself or who contracts with others to conduct such
operations on his behalf, except a person who is engaged in timber
operations as an employee with wages as his sole compensation.




4527.  (a) (1) "Timber operations" means the cutting or removal, or
both, of timber or other solid wood forest products, including
Christmas trees, from timberlands for commercial purposes, together
with all the incidental work, including, but not limited to,
construction and maintenance of roads, fuelbreaks, firebreaks, stream
crossings, landings, skid trails, and beds for the falling of trees,
fire hazard abatement, and site preparation that involves
disturbance of soil or burning of vegetation following timber
harvesting activities conducted after January 1, 1988, but excluding
preparatory work such as treemarking, surveying, or roadflagging.
   (2) "Commercial purposes" includes (A) the cutting or removal of
trees that are processed into logs, lumber, or other wood products
and offered for sale, barter, exchange, or trade, or (B) the cutting
or removal of trees or other forest products during the conversion of
timberlands to land uses other than the growing of timber that are
subject to Section 4621, including, but not limited to, residential
or commercial developments, production of other agricultural crops,
recreational developments, ski developments, water development
projects, and transportation projects.
   (b) For purposes of this section, the removal of trees less than
16 inches in diameter at breast height from a firebreak or fuelbreak
does not constitute "timber operations" if the removal meets all of
the following criteria:
   (1) It is located within 500 feet of the boundary of an urban wild
land interface community at high risk of wildfire, as defined on
pages 752, et seq. of Number 3 of Volume 66 (January 4, 2001) of the
Federal Register, as that definition may be amended from time to
time. For purposes of this paragraph, "urban wildland interface
community at high risk of wildfire" means an area having one or more
structures for every five acres.
   (2) It is part of a community wildfire protection plan approved by
the department or part of a department fire plan.
   (3) The trees to be removed will not be processed into logs or
lumber.
   (4) The work to be conducted is under a firebreak or fuelbreak
project that has been subject to a project-based review pursuant to a
negative declaration, mitigated negative declaration, or
environmental impact report in compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)). For projects to be conducted on forested landscapes, as
defined in Section 754, the project and the project-based review
shall be prepared by or in consultation with a registered
professional forester.
   (5) The removal of surface and ladder fuels is consistent with
paragraph (9) of subdivision (k) of Section 4584.



4527.5.  "Timber owner" means any person who owns commercial timber,
timberland, cutover land, or timber rights, including Christmas tree
rights, on lands of another except a federal agency.



4528.  As used in this chapter:
   (a) "Basal area per acre" means the sum of the cross-sectional
areas at breast height of the tree stems of commercial species per
acre.
   (b) "Countable tree" means a tree that can be used in calculating
the degree of stocking under the following criteria:
   (1) The tree must be in place at least two growing seasons.
   (2) The tree must be live and healthy.
   (3) The tree must have at least one-third of its length in live
crown, except in pure stands of Douglas fir the tree must have at
least one-fourth of its length in live crown.
   (4) The tree must be a commercial species from a local seed source
or a seed source which the registered professional forester
determines will produce commercial trees physiologically suited for
the area involved.
   (c) "Stocking" means a measure of the degree to which space is
occupied by well-distributed countable trees.
   (d) "Site classification" means the classification of productive
potential of timberland into one of five classes by board regulation,
consistent with normally accepted forestry practices. Site I shall
denote sites of highest productivity, site II and site III shall
denote sites of intermediate productivity potential, and site IV and
site V shall denote sites of lowest productivity potential.
   (e) "Fuel break" means a strip of modified fuel to provide a line
from which to work in the control of fire.
   (f) "Stream" means a natural watercourse as designated by a solid
line or dash and three dots symbol shown on the largest scale United
States Geological Survey map most recently published.




4528.5.  This chapter does not apply to any person who engages in
activities herein regulated, as an employee, with wages as his sole
compensation.


4529.  The penalties and remedies which are prescribed in this
chapter are concurrent and alternative to any other civil, criminal,
or administrative rights, remedies, or penalties which are provided
or allowed by law with respect to such violation.




4529.5.  Service of documents where required under this chapter may
be made by registered or certified mail addressed to the respondent's
latest address registered on file with the department. Where other
forms of service are prescribed, personal service is not precluded.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 4521-4529.5

PUBLIC RESOURCES CODE
SECTION 4521-4529.5



4521.  Unless the context otherwise requires, the definitions set
forth in this article shall govern the construction of this chapter.



4521.3.  "Board" means the State Board of Forestry and Fire
Protection.


4522.  "Committee" means a district technical advisory committee.



4522.5.  "Cutover land" means land which has borne a crop of
commercial timber from which at least 70 percent of the merchantable
original growth timber stand has been removed by logging or destroyed
by fire, insects, or tree diseases and which is now supporting, or
capable of growing, a crop of commercial timber or other forest
products, and which has not been converted to other commercial or
agricultural use.



4523.  "District" means a forest district.



4524.  "License" means a license to engage in timber operations,
issued pursuant to Article 6 (commencing with Section 4571) of this
chapter.


4525.  "Person" includes any private individual, organization,
partnership, corporation, limited liability company, city, county,
district, or the state or any department or agency thereof.



4525.3.  "Resource conservation standards" means the minimum
acceptable condition resulting from timber operations.



4525.5.  "Rules" means the district forest practice rules adopted by
the board.



4525.7.  "Slash" means branches or limbs less than four inches in
diameter, and bark and split products debris left on the ground as a
result of timber operations.



4526.  "Timberland" means land, other than land owned by the federal
government and land designated by the board as experimental forest
land, which is available for, and capable of, growing a crop of trees
of any commercial species used to produce lumber and other forest
products, including Christmas trees. Commercial species shall be
determined by the board on a district basis after consultation with
the district committees and others.



4526.5.  "Timber operator" means any person who is engaged in timber
operations himself or who contracts with others to conduct such
operations on his behalf, except a person who is engaged in timber
operations as an employee with wages as his sole compensation.




4527.  (a) (1) "Timber operations" means the cutting or removal, or
both, of timber or other solid wood forest products, including
Christmas trees, from timberlands for commercial purposes, together
with all the incidental work, including, but not limited to,
construction and maintenance of roads, fuelbreaks, firebreaks, stream
crossings, landings, skid trails, and beds for the falling of trees,
fire hazard abatement, and site preparation that involves
disturbance of soil or burning of vegetation following timber
harvesting activities conducted after January 1, 1988, but excluding
preparatory work such as treemarking, surveying, or roadflagging.
   (2) "Commercial purposes" includes (A) the cutting or removal of
trees that are processed into logs, lumber, or other wood products
and offered for sale, barter, exchange, or trade, or (B) the cutting
or removal of trees or other forest products during the conversion of
timberlands to land uses other than the growing of timber that are
subject to Section 4621, including, but not limited to, residential
or commercial developments, production of other agricultural crops,
recreational developments, ski developments, water development
projects, and transportation projects.
   (b) For purposes of this section, the removal of trees less than
16 inches in diameter at breast height from a firebreak or fuelbreak
does not constitute "timber operations" if the removal meets all of
the following criteria:
   (1) It is located within 500 feet of the boundary of an urban wild
land interface community at high risk of wildfire, as defined on
pages 752, et seq. of Number 3 of Volume 66 (January 4, 2001) of the
Federal Register, as that definition may be amended from time to
time. For purposes of this paragraph, "urban wildland interface
community at high risk of wildfire" means an area having one or more
structures for every five acres.
   (2) It is part of a community wildfire protection plan approved by
the department or part of a department fire plan.
   (3) The trees to be removed will not be processed into logs or
lumber.
   (4) The work to be conducted is under a firebreak or fuelbreak
project that has been subject to a project-based review pursuant to a
negative declaration, mitigated negative declaration, or
environmental impact report in compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)). For projects to be conducted on forested landscapes, as
defined in Section 754, the project and the project-based review
shall be prepared by or in consultation with a registered
professional forester.
   (5) The removal of surface and ladder fuels is consistent with
paragraph (9) of subdivision (k) of Section 4584.



4527.5.  "Timber owner" means any person who owns commercial timber,
timberland, cutover land, or timber rights, including Christmas tree
rights, on lands of another except a federal agency.



4528.  As used in this chapter:
   (a) "Basal area per acre" means the sum of the cross-sectional
areas at breast height of the tree stems of commercial species per
acre.
   (b) "Countable tree" means a tree that can be used in calculating
the degree of stocking under the following criteria:
   (1) The tree must be in place at least two growing seasons.
   (2) The tree must be live and healthy.
   (3) The tree must have at least one-third of its length in live
crown, except in pure stands of Douglas fir the tree must have at
least one-fourth of its length in live crown.
   (4) The tree must be a commercial species from a local seed source
or a seed source which the registered professional forester
determines will produce commercial trees physiologically suited for
the area involved.
   (c) "Stocking" means a measure of the degree to which space is
occupied by well-distributed countable trees.
   (d) "Site classification" means the classification of productive
potential of timberland into one of five classes by board regulation,
consistent with normally accepted forestry practices. Site I shall
denote sites of highest productivity, site II and site III shall
denote sites of intermediate productivity potential, and site IV and
site V shall denote sites of lowest productivity potential.
   (e) "Fuel break" means a strip of modified fuel to provide a line
from which to work in the control of fire.
   (f) "Stream" means a natural watercourse as designated by a solid
line or dash and three dots symbol shown on the largest scale United
States Geological Survey map most recently published.




4528.5.  This chapter does not apply to any person who engages in
activities herein regulated, as an employee, with wages as his sole
compensation.


4529.  The penalties and remedies which are prescribed in this
chapter are concurrent and alternative to any other civil, criminal,
or administrative rights, remedies, or penalties which are provided
or allowed by law with respect to such violation.




4529.5.  Service of documents where required under this chapter may
be made by registered or certified mail addressed to the respondent's
latest address registered on file with the department. Where other
forms of service are prescribed, personal service is not precluded.


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