4581. No person shall conduct timber operations unless a timber
harvesting plan prepared by a registered professional forester has
been submitted for such operations to the department pursuant to this
article. Such plan shall be required in addition to the license
required in Section 4571.
4582. The timber harvesting plan shall be filed with the department
in writing by a person who owns, leases, or otherwise controls or
operates on all or any portion of any timberland and who plans to
harvest the timber thereon. If the person who files the plan is not
the owner of the timberland, the person filing the plan shall notify
the timberland owner by certified mail that the plan has been
submitted and shall certify that mailing to the department. The plan
shall be a public record and shall include all of the following
information:
(a) The name and address of the timber owner.
(b) The name and address of the timber operator if known at the
time of filing. If the timber operator is not known at the time of
filing, the plan submitter shall notify the department as soon as the
timber operator is known, but in any case before timber operations
begin.
(c) A description of the land on which the work is proposed to be
done, including a United States Geological Survey quadrangle map or
equivalent indicating the location of all streams, the location of
all proposed and existing logging truck roads, and indicating
boundaries of all site I classification timberlands to be stocked in
accordance with subdivision (b) of Section 4561 and any other site
classifications if the board establishes specific minimum stocking
standards for other site classifications.
(d) A description of the silvicultural methods to be applied,
including the type of logging equipment to be used.
(e) An outline of the methods to be used to avoid excessive
accelerated erosion from timber operations to be conducted within the
proximity of a stream.
(f) Special provisions, if any, to protect any unique area within
the area of timber operations.
(g) The expected dates of commencement and completion of timber
operations.
(h) A certification by the registered professional forester
preparing the plan that he or she or a designee has personally
inspected the plan area.
(i) Any other information the board provides by regulation to meet
its rules and the standards of this chapter.
(j) This section shall become operative on January 1, 1996.
4582.3. The board shall, on or before May 1, 1985, adopt
regulations regarding notice of intent to harvest timber, to be given
within two working days following submission of a timber harvesting
plan, which it determines to be appropriate and which are consistent
with law and Horn v. County of Ventura, 24 Cal. 3d 605. In adopting
the regulations, the board shall take account of the extent of the
administrative burden involved in giving the notice. The method of
notice shall include, but not be limited to, mailed notice. The
regulations may require the person submitting the timber harvesting
plan to provide to the department a list of the names and addresses
of persons to whom the notice was mailed and a written declaration
that the mailing has been completed.
4582.4. Notice of the filing of timber harvesting plans shall be
made by the department to any person who requests, in writing, such
notification.
4582.5. Timber harvesting plans shall be applicable to a specific
piece of property or properties and shall be based upon such
characteristics of the property as vegetation type, soil stability,
topography, geology, climate, and stream characteristics.
4582.6. (a) Upon receipt of the timber harvesting plan, the
department shall place it, or a true copy thereof, in a file
available for public inspection in the county in which timber
operations are proposed under the plan, and, for the purpose of
interdisciplinary review, shall transmit a copy to the Department of
Fish and Game, the appropriate California regional water quality
control board, the county planning agency, and, if the area is within
its jurisdiction, the Tahoe Regional Planning Agency, as the case
may be. The department shall invite, consider, and respond in writing
to comments received from public agencies to which the plan has been
transmitted and shall consult with those agencies at their request.
(b) Within the public comment period, any responsible agency, as
defined in Section 21069, shall provide the department with specific
comments or recommendations, or both, on any significant
environmental issues and proposed mitigation measures raised by the
timber harvesting plan. The responsible agency shall also identify
its statutory authority for any requests for mitigation measures that
it may determine to be necessary. If the responsible agency fails to
respond by the end of the public comment period, the department may
assume that the responsible agency has no comments or recommendations
concerning the timber harvesting plan, but the failure of the
responsible agency to make comments or recommendations shall not be
used as the basis for a determination or presumption that the timber
harvesting plan will have no significant effect on the environment.
The department shall consider all comments and recommendations
received from responsible agencies and from the public during the
public comment period. If a responsible agency fails to respond
within the public comment period, it may request additional time to
respond. The director may grant an extension of the time to respond
of up to 14 calendar days if he or she determines, after consultation
with the person submitting the timber harvesting plan, that an
extension is necessary.
(c) To ensure that all public comments and concerns are considered
by the department, each responsible agency shall maintain a list of
written information it disseminates on the timber harvesting plan
under review prior to the close of the public comment period.
(d) On and after July 1, 1983, the board of supervisors or
planning commission of any county for which rules have been adopted
pursuant to Section 4516.5 may request a public hearing on any timber
harvesting plan submitted for lands within the county, and the
department shall hold a hearing for the purpose of public comment, if
requested, prior to taking any action on the timber harvesting plan
pursuant to Section 4582.7. The hearing shall be held in the county
in which the proposed harvest is located at a time and place
convenient to the public. The hearing shall be held in county offices
if made available by the county for that purpose. The chairperson of
the hearing shall be a representative of the department, shall
receive both oral and written testimony from members of the public,
local government officials, persons submitting the plans, and others,
and shall provide for the hearing to be electronically recorded. The
department shall prepare and make available written responses to
significant issues raised at the hearing. The requirements of this
subdivision shall not be construed as extending the time within which
any action is required to be taken pursuant to Section 4582.7.
4582.7. (a) The director shall have 30 days from the date that the
initial inspection is completed (10 of these days shall follow the
date of final interagency review) or, if the director determines that
the inspection need not be made, 15 days from the date of filing, as
specified in Section 4604, or a longer period mutually agreed upon
by the director and the person submitting the timber harvesting plan,
to review the plan and take public comments. After the final review
and public comment period has ended, the director shall have up to 15
working days, or a longer period mutually agreed upon by the
director and the person submitting the plan, to review the public
input, to consider recommendations and mitigation measures of other
agencies, to respond in writing to the issues raised, and to
determine if the plan is in conformance with the rules and
regulations of the board and with this chapter.
(b) If the director determines that the timber harvesting plan is
not in conformance with the rules and regulations of the board or
with this chapter, the director shall return the plan, stating his or
her reasons in writing, and advising the person submitting the plan
of the person's right to a hearing before the board, and timber
operations may not commence.
(c) A person to whom a timber harvesting plan is returned may,
within 10 days from the date of receipt of the plan, request of the
board a public hearing before the board. The board shall schedule a
public hearing to review the plan to determine if the plan is in
conformance with the rules and regulations of the board and with this
chapter. Timber operations shall await board approval of the plan.
Board action shall occur within 30 days from the date of the filing
of the appeal, or a longer period mutually agreed upon by the board
and the person filing the appeal.
(d) If the timber harvesting plan is not approved on appeal to the
board, the plan may be found to be in conformance by the director
within 10 days from the date of the board action, provided that the
plan is brought into full conformance with the rules and regulations
of the board and with this chapter. If the director does not act
within 25 days or a longer period mutually agreed upon by the
director and the person submitting the plan, timber operations may
commence pursuant to the plan, and all provisions of the plan shall
be followed as provided in this chapter.
(e) Upon the request of a responsible agency, the director shall
consult with that agency, pursuant to this chapter, but the director,
or his or her designee within the department, shall have the final
authority to determine whether a timber harvesting plan is in
conformance with the rules and regulations of the board and with this
chapter for purposes of approval by the department.
4582.71. (a) A timber harvesting plan may not be approved if the
appropriate regional water quality control board finds, based on
substantial evidence, that the timber operations proposed in the plan
will result in a discharge into a watercourse that has been
classified as impaired due to sediment pursuant to subsection (d) of
Section 303 of the Federal Water Pollution Control Act, that causes
or contributes, to a violation of the regional water quality control
plan.
(b) The exercise of a regional water quality control board's
authority pursuant to subdivision (a) may be delegated to the
executive officer of that regional water quality control board as
long as the executive officer's determination is subject to review by
that regional water quality control board upon request of the person
that has submitted the timber harvesting plan or upon motion of that
regional water quality control board.
(c) If the appropriate regional water quality control board makes
a finding pursuant to subdivision (a), the executive officer of that
regional water quality control board shall, before the close of the
public comment period under Section 4582.7, notify the director in
writing of the finding and advise the director that the plan may not
be approved. If the issues that lead to a regional water quality
control board's finding pursuant to subdivision (a) cannot be
resolved during the director's determination period under Section
4582.7 or a longer period that is mutually agreeable to the director
and the person that submitted the timber harvesting plan, the
director shall deny the timber harvesting plan and return the plan to
the person that submitted it. The director shall advise the person
that submitted the timber harvesting plan of the reasons why the plan
is being returned.
4582.75. The rules adopted by the board and the provisions of this
chapter shall be the only criteria employed by the director when
reviewing timber harvesting plans pursuant to Section 4582.7.
4582.8. Within 10 days from the date that a timber harvesting plan
is determined to be in conformance under Section 4582.7, or within 10
days from the date of receipt of a notice of timber operations, a
nonindustrial timber harvest notice, a notice of exemption to convert
less than three acres to a nontimber use pursuant to Section 4584,
or an emergency notice filed pursuant to Section 4592, the director
shall transmit copies thereof to the State Board of Equalization. Any
notice of exemption or notice of emergency transmitted to the State
Board of Equalization pursuant to this section shall include, among
other things, an estimate of the timber owner as to whether the
timber to be harvested pursuant to the notice will or will not be
exempt from timber yield tax pursuant to Section 38116 of the Revenue
and Taxation Code as interpreted and implemented by the State Board
of Equalization.
4582.9. (a) Notwithstanding any other provision of this chapter,
the Director of Fish and Game or the State Water Resources Control
Board may, not later than 10 days after approval of a plan by the
director, appeal the approval to the board. At the time of filing of
an appeal with the board, the person shall notify the director and
the plan submitter of the appeal, and no further timber operations
shall occur under the plan until the final determination of the
appeal by the board.
(b) The Director of Fish and Game or the State Water Resources
Control Board may appeal the approval of a plan by the director only
if the Department of Fish and Game or the State Water Resources
Control Board or a California regional water quality control board
has (1) participated in an onsite inspection of the plan with the
department and (2) participated in a multidisciplinary review of the
plan. The board may establish procedures for filing an appeal and
may, in order to demonstrate that a substantial issue is raised with
respect to the environment or public safety, specify findings which
are required to be made in filing an appeal.
(c) The board shall grant a hearing if it determines that the
appeal under this section raises substantial issues with respect to
the environment or to public safety. The board, by regulation, may
delegate this determination to its chairperson.
(d) The board shall hold a public hearing within 30 days after the
filing of an appeal, or a longer period mutually agreed upon by the
board, the appellant, and the plan submitter. Witnesses may appear
either at the request of a party having standing or at a request of a
majority of the board or board committee holding the hearing. Within
10 days after the conclusion of the hearing, the board shall approve
or deny the plan. The basis for the board's decision shall be all
applicable provisions of California law, including, but not limited
to, the California Timberland Productivity Act of 1982 (Chapter 6.7
(commencing with Section 51100) of Division 1 of Title 5 of the
Government Code) and subdivision (d) of Section 4512. In denying a
plan, the board may make findings that set forth conditions under
which it believes the plan would have been approved. The board may
delegate conduct of the hearing and the decision to a committee of
three members to be appointed for that hearing by the chairperson of
the board. The committee shall consist of one general public member,
one industry member, and the chairperson or the chairperson's
designee. The chairperson of the board or the chairperson's designee
shall conduct the hearing. The decision of the committee shall have
the full force of a decision of the full board. At any time prior to
a decision on an appeal conducted by a committee, any member of the
committee may file a declaration of importance with the executive
officer of the board and that appeal shall be immediately transferred
to the full board for decision.
4583. A timber harvesting plan shall conform to all standards and
rules which are in effect at the time the plan becomes effective.
Except for stocking standards in effect at the time of commencement
of timber operations under a timber harvesting plan, which shall
remain in effect for any timberland harvested under such plan, all
timber operations shall conform to any changes or modifications of
standards and rules made thereafter unless prior to the adoption of
such changes or modifications, substantial liabilities for timber
operations have been incurred in good faith and in reliance upon the
standards in effect at the time the plan became effective and the
adherence to such new rules or modifications would cause unreasonable
additional expense to the owner or operator.
4583.2. The registered professional forester who prepared the
timber harvesting plan and or any other registered professional
forester who is employed by the owner or operator, shall report to
the owner and operator if there are deviations of any sort from the
plan which in his judgment threaten the attainment of the resource
conservation standards or other regulations promulgated pursuant to
this chapter.
4583.5. If the board finds that the registered professional
forester has made any material misstatement in the filing of any
timber harvesting plan or report under this chapter, it shall take
disciplinary action against him as provided under Section 775.
4584. Upon determining that the exemption is consistent with the
purposes of this chapter, the board may exempt from this chapter, or
portions thereof, a person engaged in forest management whose
activities are limited to any of the following:
(a) The cutting or removal of trees for the purpose of
constructing or maintaining a right-of-way for utility lines.
(b) The planting, growing, nurturing, shaping, shearing, removal,
or harvest of immature trees for Christmas trees or other ornamental
purposes or minor forest products, including fuelwood.
(c) The cutting or removal of dead, dying, or diseased trees of
any size.
(d) Site preparation.
(e) Maintenance of drainage facilities and soil stabilization
treatments.
(f) Timber operations on land managed by the Department of Parks
and Recreation.
(g) (1) The one-time conversion of less than three acres to a
nontimber use. A person, whether acting as an individual or as a
member of a partnership, or as an officer or employee of a
corporation or other legal entity, shall not obtain more than one
exemption pursuant to this subdivision in a five-year period. If a
partnership has as a member, or if a corporation or other legal
entity has as an officer or employee, a person who has received this
exemption within the past five years, whether as an individual or as
a member of a partnership, or as an officer or employee of a
corporation or other legal entity, then that partnership,
corporation, or other legal entity is not eligible for this
exemption. "Person," for purposes of this subdivision, means an
individual, partnership, corporation, or other legal entity.
(2) (A) Notwithstanding Section 4554.5, the board shall adopt
regulations that become effective and operative on or before July 1,
2002, and do all of the following:
(i) Identify the required documentation of a bona fide intent to
complete the conversion that an applicant will need to submit in
order to be eligible for the exemption in paragraph (1).
(ii) Authorize the department to inspect the sites approved in
conversion applications that have been approved on or after January
1, 2002, in order to determine that the conversion was completed
within the two-year period described in subparagraph (B) of paragraph
(2) of subdivision (a) of Section 1104.1 of Title 14 of the
California Code of Regulations.
(iii) Require the exemption under this subdivision to expire if
there is a change in timberland ownership. The person who originally
submitted an application for an exemption under this subdivision
shall notify the department of a change in timberland ownership on or
before five calendar days after a change in ownership.
(iv) The board may adopt regulations allowing a waiver of the
five-year limitation described in paragraph (1) upon finding that the
imposition of the five-year limitation would impose an undue
hardship on the applicant for the exemption. The board may adopt a
process for an appeal of a denial of a waiver.
(B) The application form for the exemption pursuant to paragraph
(1) shall prominently advise the public that a violation of the
conversion exemption, including a conversion applied for in the name
of someone other than the person or entity implementing the
conversion in bona fide good faith, is a violation of this chapter
and penalties may accrue up to ten thousand dollars ($10,000) for
each violation pursuant to Article 8 (commencing with Section 4601).
(h) Easements granted by a right-of-way construction agreement
administered by the federal government if any timber sales and
operations within or affecting these areas are reviewed and conducted
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
Sec. 4321 et seq.).
(i) The cutting, removal, or sale of timber or other solid wood
forest products from the species Taxus brevifolia (Pacific yew), if
the known locations of any stands of this species three inches and
larger in diameter at breast height are identified in the exemption
notice submitted to the department. Nothing in this subdivision is
intended to authorize the peeling of bark from, or the cutting or
removal of, Taxus brevifolia within a watercourse and lake protection
zone, special treatment area, buffer zone, or other area where
timber harvesting is prohibited or otherwise restricted pursuant to
board rules.
(j) (1) The cutting or removal of trees in compliance with
Sections 4290 and 4291 that eliminates the vertical continuity of
vegetative fuels and the horizontal continuity of tree crowns for the
purpose of reducing flammable materials and maintaining a fuel break
for a distance of not more than 150 feet on each side from an
approved and legally permitted structure that complies with the
California Building Standards Code, when that cutting or removal is
conducted in compliance with this subdivision. For purposes of this
subdivision, an "approved and legally permitted structure" includes
only structures that are designed for human occupancy and garages,
barns, stables, and structures used to enclose fuel tanks.
(2) (A) The cutting or removal of trees pursuant to this
subdivision is limited to cutting or removal that will result in a
reduction in the rate of fire spread, fire duration and intensity,
fuel ignitability, or ignition of the tree crowns and shall be in
accordance with any regulations adopted by the board pursuant to this
section.
(B) Trees shall not be cut or removed pursuant to this subdivision
by the clearcutting regeneration method, by the seed tree removal
step of the seed tree regeneration method, or by the shelterwood
removal step of the shelterwood regeneration method.
(3) (A) Surface fuels, including logging slash and debris, low
brush, and deadwood, that could promote the spread of wildfire shall
be chipped, burned, or otherwise removed from all areas of timber
operations within 45 days from the date of commencement of timber
operations pursuant to this subdivision.
(B) (i) All surface fuels that are not chipped, burned, or
otherwise removed from all areas of timber operations within 45 days
from the date of commencement of timber operations may be determined
to be a nuisance and subject to abatement by the department or the
city or county having jurisdiction.
(ii) The costs incurred by the department, city, or county, as the
case may be, to abate the nuisance upon any parcel of land subject
to the timber operations, including, but not limited to,
investigation, boundary determination, measurement, and other related
costs, may be recovered by special assessment and lien against the
parcel of land by the department, city, or county. The assessment may
be collected at the same time and in the same manner as ordinary ad
valorem taxes, and shall be subject to the same penalties and the
same procedure and sale in case of delinquency as is provided for ad
valorem taxes.
(4) All timber operations conducted pursuant to this subdivision
shall conform to applicable city or county general plans, city or
county implementing ordinances, and city or county zoning ordinances.
This paragraph does not authorize the cutting, removal, or sale of
timber or other solid wood forest products within an area where
timber harvesting is prohibited or otherwise restricted pursuant to
the rules or regulations adopted by the board.
(5) (A) The board shall adopt regulations, initially as emergency
regulations in accordance with subparagraph (B), that the board
considers necessary to implement and to obtain compliance with this
subdivision.
(B) The emergency regulations adopted pursuant to subparagraph (A)
shall be adopted in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health, and safety, or
general welfare.
(k) (1) Until January 1, 2013, the harvesting of trees, limited to
those trees that eliminate the vertical continuity of vegetative
fuels and the horizontal continuity of tree crowns, for the purpose
of reducing the rate of fire spread, duration and intensity, fuel
ignitability, or ignition of tree crowns.
(2) The board may authorize an exemption pursuant to paragraph (1)
only if the tree harvesting will decrease fuel continuity and
increase the quadratic mean diameter of the stand, and the tree
harvesting area will not exceed 300 acres.
(3) The notice of exemption, which shall be known as the Forest
Fire Prevention Exemption, may be authorized only if all of the
conditions specified in paragraphs (4) to (10), inclusive, are met.
(4) A registered professional forester shall prepare the notice of
exemption and submit it to the director, and include a map of the
area of timber operations that complies with the requirements of
paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision
(x) of Section 1034 of Title 14 of the California Code of
Regulations.
(5) (A) The registered professional forester who submits the
notice of exemption shall include a description of the preharvest
stand structure and a statement of the postharvest stand stocking
levels.
(B) The level of residual stocking shall be consistent with
maximum sustained production of high-quality timber products. The
residual stand shall consist primarily of healthy and vigorous
dominant and codominant trees from the preharvest stand. Stocking
shall not be reduced below the standards required by any of the
following provisions that apply to the exemption at issue:
(i) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 913.3 of Title 14 of the California
Code of Regulations.
(ii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 933.3 of Title 14 of the California
Code of Regulations.
(iii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 953.3 of Title 14 of the California
Code of Regulations.
(C) If the preharvest dominant and codominant crown canopy is
occupied by trees less than 14 inches in diameter at breast height, a
minimum of 100 trees over four inches in diameter at breast height
shall be retained per acre for Site I, II, and III lands, and a
minimum of 75 trees over four inches in diameter at breast height
shall be retained per acre for Site IV and V lands.
(6) (A) The registered professional forester who submits the
notice shall include selection criteria for the trees to be harvested
or the trees to be retained. In the development of fuel reduction
prescriptions, the registered professional forester should consider
retaining habitat elements, where feasible, including, but not
limited to, ground level cover necessary for the long-term management
of local wildlife populations.
(B) All trees that are harvested or all trees that are retained
shall be marked or sample marked by or under the supervision of a
registered professional forester before felling operations begin. The
board shall adopt regulations for sample marking for this section in
Title 14 of the California Code of Regulations. Sample marking shall
be limited to homogenous forest stand conditions typical of
plantations.
(7) (A) The registered professional forester submitting the
notice, upon submission of the notice, shall provide a confidential
archaeology letter that includes all the information required by any
of the following provisions that apply to the exemption at issue:
(i) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
of Section 929.1 of Title 14 of the California Code of Regulations,
and include site records if required pursuant to subdivision (g) of
that section or pursuant to Section 929.5 of Title 14 of the
California Code of Regulations.
(ii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
of Section 949.1 of Title 14 of the California Code of Regulations,
and include site records if required pursuant to subdivision (g) of
that section or pursuant to Section 949.5 of Title 14 of the
California Code of Regulations.
(iii) Paragraphs (2) and (7) to (11), inclusive, of subdivision
(c) of Section 969.1 of Title 14 of the California Code of
Regulations, and include site records if required pursuant to
subdivision (g) of that section or pursuant to Section 969.5 of Title
14 of the California Code of Regulations.
(B) The director shall submit a complete copy of the confidential
archaeological letter and two copies of all required archaeological
or historical site records to the appropriate Information Center of
the California Historical Resource Information System within 30 days
from the date of notice submittal to the director. Before submitting
the notice to the director, the registered professional forester
shall send a copy of the notice to Native Americans, as defined in
Section 895.1 of Title 14 of the California Code of Regulations.
(8) Only trees less than 18 inches in stump diameter, measured at
eight inches above ground level, may be removed. However, within 500
feet of a legally permitted structure, or in an area prioritized as a
shaded fuel break in a community wildfire protection plan approved
by a public fire agency, if the goal of fuel reduction cannot be
achieved by removing trees less than 18 inches in stump diameter,
trees less than 24 inches in stump diameter may be removed if that
removal complies with this section and is necessary to achieve the
goal of fuel reduction. A fuel reduction effort shall not violate the
canopy closure regulations adopted by the board on June 10, 2004,
and as those regulations may be amended.
(9) (A) This subparagraph applies to areas within 500 feet of a
legally permitted structure and in areas prioritized as a shaded fuel
break in a community wildfire protection plan approved by a public
fire agency. The board shall adopt regulations for the treatment of
surface and ladder fuels in the harvest area, including logging slash
and debris, low brush, small trees, and deadwood, that could promote
the spread of wildfire. The regulations adopted by the board shall
be consistent with the standards in the board's "General Guidelines
for Creating Defensible Space" described in Section 1299 of Title 14
of the California Code of Regulations. Postharvest standards shall
include vertical spacing between fuels, horizontal spacing between
fuels, maximum depth of dead ground surface fuels, and treatment of
standing dead fuels, as follows:
(i) Ladder and surface fuels shall be spaced to achieve a vertical
clearance distance of eight feet or three times the height of the
postharvest fuels, whichever is the greater distance, measured from
the base of the live crown of the postharvest dominant and codominant
trees to the top of the surface fuels.
(ii) Horizontal spacing shall achieve a minimum separation of two
to six times the height of the postharvest fuels, increasing spacing
with increasing slope, measured from the outside branch edges of the
fuels.
(iii) Dead surface fuel depth shall be less than nine inches.
(iv) Standing dead or dying trees and brush generally shall be
removed. That material, along with live vegetation associated with
the dead vegetation, may be retained for wildlife habitat when
isolated from other vegetation.
(B) This subparagraph applies to all areas not described in
subparagraph (A).
(i) The postharvest stand shall contain no more than 200 trees
over three inches in diameter per acre.
(ii) Vertical spacing shall be achieved by treating dead fuels to
a minimum clearance distance of eight feet measured from the base of
the live crown of the postharvest dominant and codominant trees to
the top of the dead surface fuels.
(iii) All logging slash created by the timber operations shall be
treated to achieve a maximum postharvest depth of nine inches above
the ground.
(C) The standards required by subparagraphs (A) and (B) shall be
achieved on approximately 80 percent of the treated area. The
treatment shall include chipping, removing, or other methods
necessary to achieve the standards. Ladder and surface fuel
treatments, for any portion of the exemption area where timber
operations have occurred, shall be done within 120 days from the
start of timber operations on that portion of the exemption area or
by April 1 of the year following surface fuel creation on that
portion of the exemption area if the surface fuels are burned.
(10) Timber operations shall comply with the requirements of
paragraphs (1) to (10), inclusive, of subdivision (b) of Section 1038
of Title 14 of the California Code of Regulations. Timber operations
in the Lake Tahoe region shall comply instead with the requirements
of paragraphs (1) to (16), inclusive, of subdivision (f) of Section
1038 of Title 14 of the California Code of Regulations.
(11) After the timber operations are complete, the department
shall conduct an onsite inspection to determine compliance with this
subdivision and whether appropriate enforcement action should be
initiated.
4584.5. Nothing in Section 4584 shall exempt the owner of any
timber harvested from registering with the State Board of
Equalization or from the payment of any applicable timber yield taxes
imposed pursuant to Section 38115 of the Revenue and Taxation Code.
4585. (a) Within one month after completion of the work described
in the timber harvesting plan or nonindustrial timber harvest notice,
excluding work for stocking, site preparation, or maintenance of
drainage facilities and soil stabilization treatments on skid trails,
roads, and landings after the plan period, a report shall be filed
by the timber owner or the owner's agent with the department that all
work, except stocking, site preparation, or maintenance of drainage
facilities and soil stabilization treatments, has been completed.
(b) If all of the work described in the plan has not been
completed, a report may be filed annually with respect to a portion
of the area covered by the plan which has been completed. The portion
completed shall be adequately identified on a map submitted with the
report.
4586. Within six months of the receipt of the work completion
report specified in Section 4585, the director shall determine, by
inspection, whether the work described in the report has been
properly completed in conformity with the rules and regulations of
the board and the standards of this chapter. If the work has been so
completed, the director shall issue a report of satisfactory
completion of the work. If not, the director shall take such
corrective action as he or she determines to be appropriate in
accordance with Article 8 (commencing with Section 4601).
4587. (a) Within five years after completion of timber operations
on an area identified in a report submitted pursuant to Section 4585
or nonindustrial timber harvest notice, a report of stocking with
respect to that area shall be filed by the timber owner or the owner'
s agent with the department. A separate report of stocking may be
filed with the work completion report for those areas which meet
stocking requirements upon completion of timber operations. The
board, by regulation, shall establish one or more statistically valid
standardized sampling procedures designed to measure the number of
trees and their dispersion.
(b) Notwithstanding subdivision (a), the board shall adopt
regulations which specify the conditions and manner in which the
necessity of employing sampling procedures may be waived. The
regulations shall provide that, in addition to any other possible
conditions which may be required by the board, the standard sampling
procedures may be waived only if the director or the director's
representative and the timber owner, or a registered professional
forester acting as the owner's agent, agree that the area is
adequately stocked to meet the standards of this chapter and any
applicable rules or regulations of the board. The regulations shall
require that, if the director or the director's representative does
not agree that the area is so stocked, a standardized sample shall be
required.
4588. Within six months of the receipt of the stocking report, the
director shall determine, by inspection, whether the stocking has
been properly completed. If so, he shall issue a report of
satisfactory completion of stocking. If not, he shall take such
corrective action as he deems appropriate in accordance with the
provisions of Article 8 (commencing with Section 4601) of this
chapter.
4590. (a) (1) A timber harvesting plan is effective for a period of
not more than three years, unless extended pursuant to paragraph
(2).
(2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
(A) Good cause is shown.
(B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
(b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan, written
certification by a registered professional forester that neither of
the conditions in subdivision (f) has occurred, and, consistent with
Section 4583, an agreement to comply with this chapter and the rules
and regulations of the board as they exist on the date the extension
notice is filed.
(c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
(d) Notwithstanding subdivision (a) and the submission of a
completion report pursuant to Section 4585, a timber harvesting plan,
on which timber operations have commenced but not been completed,
may be reopened and extended by amendment for up to a maximum of four
one-year extensions, including any other extension granted prior to
January 1, 2010, if the following conditions have been met:
(1) The plan expired or was extended in 2008 or 2009.
(2) The plan complies with subparagraphs (A) and (B) of paragraph
(2) of subdivision (a).
(3) The notice of extension, pursuant to subdivision (b), includes
written certification by a registered professional forester that
neither of the conditions in subdivision (f) has occurred.
(e) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (f) has
occurred.
(f) The department shall not approve an extension pursuant to
subdivision (e) if either of the following has occurred:
(1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
(2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
(g) An extension of a timber harvesting plan on which either of
the conditions in subdivision (f) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b),
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
(h) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
4590. (a) (1) A timber harvesting plan approved on or after January
1, 2012, is effective for a period of not more than three years,
unless extended pursuant to paragraph (2).
(2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
(A) Good cause is shown.
(B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
(b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan and, consistent
with Section 4583, an agreement to comply with this chapter and the
rules and regulations of the board as these exist on the date the
extension notice is filed.
(c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
(d) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (e) has
occurred.
(e) The department shall not approve an extension pursuant to
subdivision (d) if either of the following has occurred:
(1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
(2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
(f) An extension of a timber harvesting plan on which either of
the conditions in subdivision (e) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b),
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
(g) This section shall become operative on January 1, 2012.
4591. Amendments to the original timber harvesting plan may be
submitted detailing proposed changes from the original plan.
Substantial deviations from the original plan shall not be undertaken
until the amendment has been filed with, and acted upon, by the
department in accordance with Sections 4582.7 and 4583. An amendment
may not extend the effective period of the plan, except as provided
in Section 4590.
4591.1. The board shall specify by regulation those deviations
which may be undertaken by an operator without submission of an
amended plan but which must subsequently be reported to the
department, and provide for the manner of so reporting.
4592. Notwithstanding any other provisions of this chapter, a
registered professional forester may in an emergency, on behalf of a
timber owner or operator, file an "emergency notice" with the
department that shall allow immediate commencement of timber
operations. The emergency notice shall include a declaration, under
penalty of perjury, that a bona fide emergency exists which requires
immediate harvest activities, and that any applicable timber yield
taxes will be paid pursuant to Section 38115 of the Revenue and
Taxation Code. Those emergencies shall be defined by the board and
may include, but are not limited to, the necessity to harvest to
remove fire-killed or damaged timber or insect or disease-infested
timber, or to undertake emergency repairs to roads.
4581. No person shall conduct timber operations unless a timber
harvesting plan prepared by a registered professional forester has
been submitted for such operations to the department pursuant to this
article. Such plan shall be required in addition to the license
required in Section 4571.
4582. The timber harvesting plan shall be filed with the department
in writing by a person who owns, leases, or otherwise controls or
operates on all or any portion of any timberland and who plans to
harvest the timber thereon. If the person who files the plan is not
the owner of the timberland, the person filing the plan shall notify
the timberland owner by certified mail that the plan has been
submitted and shall certify that mailing to the department. The plan
shall be a public record and shall include all of the following
information:
(a) The name and address of the timber owner.
(b) The name and address of the timber operator if known at the
time of filing. If the timber operator is not known at the time of
filing, the plan submitter shall notify the department as soon as the
timber operator is known, but in any case before timber operations
begin.
(c) A description of the land on which the work is proposed to be
done, including a United States Geological Survey quadrangle map or
equivalent indicating the location of all streams, the location of
all proposed and existing logging truck roads, and indicating
boundaries of all site I classification timberlands to be stocked in
accordance with subdivision (b) of Section 4561 and any other site
classifications if the board establishes specific minimum stocking
standards for other site classifications.
(d) A description of the silvicultural methods to be applied,
including the type of logging equipment to be used.
(e) An outline of the methods to be used to avoid excessive
accelerated erosion from timber operations to be conducted within the
proximity of a stream.
(f) Special provisions, if any, to protect any unique area within
the area of timber operations.
(g) The expected dates of commencement and completion of timber
operations.
(h) A certification by the registered professional forester
preparing the plan that he or she or a designee has personally
inspected the plan area.
(i) Any other information the board provides by regulation to meet
its rules and the standards of this chapter.
(j) This section shall become operative on January 1, 1996.
4582.3. The board shall, on or before May 1, 1985, adopt
regulations regarding notice of intent to harvest timber, to be given
within two working days following submission of a timber harvesting
plan, which it determines to be appropriate and which are consistent
with law and Horn v. County of Ventura, 24 Cal. 3d 605. In adopting
the regulations, the board shall take account of the extent of the
administrative burden involved in giving the notice. The method of
notice shall include, but not be limited to, mailed notice. The
regulations may require the person submitting the timber harvesting
plan to provide to the department a list of the names and addresses
of persons to whom the notice was mailed and a written declaration
that the mailing has been completed.
4582.4. Notice of the filing of timber harvesting plans shall be
made by the department to any person who requests, in writing, such
notification.
4582.5. Timber harvesting plans shall be applicable to a specific
piece of property or properties and shall be based upon such
characteristics of the property as vegetation type, soil stability,
topography, geology, climate, and stream characteristics.
4582.6. (a) Upon receipt of the timber harvesting plan, the
department shall place it, or a true copy thereof, in a file
available for public inspection in the county in which timber
operations are proposed under the plan, and, for the purpose of
interdisciplinary review, shall transmit a copy to the Department of
Fish and Game, the appropriate California regional water quality
control board, the county planning agency, and, if the area is within
its jurisdiction, the Tahoe Regional Planning Agency, as the case
may be. The department shall invite, consider, and respond in writing
to comments received from public agencies to which the plan has been
transmitted and shall consult with those agencies at their request.
(b) Within the public comment period, any responsible agency, as
defined in Section 21069, shall provide the department with specific
comments or recommendations, or both, on any significant
environmental issues and proposed mitigation measures raised by the
timber harvesting plan. The responsible agency shall also identify
its statutory authority for any requests for mitigation measures that
it may determine to be necessary. If the responsible agency fails to
respond by the end of the public comment period, the department may
assume that the responsible agency has no comments or recommendations
concerning the timber harvesting plan, but the failure of the
responsible agency to make comments or recommendations shall not be
used as the basis for a determination or presumption that the timber
harvesting plan will have no significant effect on the environment.
The department shall consider all comments and recommendations
received from responsible agencies and from the public during the
public comment period. If a responsible agency fails to respond
within the public comment period, it may request additional time to
respond. The director may grant an extension of the time to respond
of up to 14 calendar days if he or she determines, after consultation
with the person submitting the timber harvesting plan, that an
extension is necessary.
(c) To ensure that all public comments and concerns are considered
by the department, each responsible agency shall maintain a list of
written information it disseminates on the timber harvesting plan
under review prior to the close of the public comment period.
(d) On and after July 1, 1983, the board of supervisors or
planning commission of any county for which rules have been adopted
pursuant to Section 4516.5 may request a public hearing on any timber
harvesting plan submitted for lands within the county, and the
department shall hold a hearing for the purpose of public comment, if
requested, prior to taking any action on the timber harvesting plan
pursuant to Section 4582.7. The hearing shall be held in the county
in which the proposed harvest is located at a time and place
convenient to the public. The hearing shall be held in county offices
if made available by the county for that purpose. The chairperson of
the hearing shall be a representative of the department, shall
receive both oral and written testimony from members of the public,
local government officials, persons submitting the plans, and others,
and shall provide for the hearing to be electronically recorded. The
department shall prepare and make available written responses to
significant issues raised at the hearing. The requirements of this
subdivision shall not be construed as extending the time within which
any action is required to be taken pursuant to Section 4582.7.
4582.7. (a) The director shall have 30 days from the date that the
initial inspection is completed (10 of these days shall follow the
date of final interagency review) or, if the director determines that
the inspection need not be made, 15 days from the date of filing, as
specified in Section 4604, or a longer period mutually agreed upon
by the director and the person submitting the timber harvesting plan,
to review the plan and take public comments. After the final review
and public comment period has ended, the director shall have up to 15
working days, or a longer period mutually agreed upon by the
director and the person submitting the plan, to review the public
input, to consider recommendations and mitigation measures of other
agencies, to respond in writing to the issues raised, and to
determine if the plan is in conformance with the rules and
regulations of the board and with this chapter.
(b) If the director determines that the timber harvesting plan is
not in conformance with the rules and regulations of the board or
with this chapter, the director shall return the plan, stating his or
her reasons in writing, and advising the person submitting the plan
of the person's right to a hearing before the board, and timber
operations may not commence.
(c) A person to whom a timber harvesting plan is returned may,
within 10 days from the date of receipt of the plan, request of the
board a public hearing before the board. The board shall schedule a
public hearing to review the plan to determine if the plan is in
conformance with the rules and regulations of the board and with this
chapter. Timber operations shall await board approval of the plan.
Board action shall occur within 30 days from the date of the filing
of the appeal, or a longer period mutually agreed upon by the board
and the person filing the appeal.
(d) If the timber harvesting plan is not approved on appeal to the
board, the plan may be found to be in conformance by the director
within 10 days from the date of the board action, provided that the
plan is brought into full conformance with the rules and regulations
of the board and with this chapter. If the director does not act
within 25 days or a longer period mutually agreed upon by the
director and the person submitting the plan, timber operations may
commence pursuant to the plan, and all provisions of the plan shall
be followed as provided in this chapter.
(e) Upon the request of a responsible agency, the director shall
consult with that agency, pursuant to this chapter, but the director,
or his or her designee within the department, shall have the final
authority to determine whether a timber harvesting plan is in
conformance with the rules and regulations of the board and with this
chapter for purposes of approval by the department.
4582.71. (a) A timber harvesting plan may not be approved if the
appropriate regional water quality control board finds, based on
substantial evidence, that the timber operations proposed in the plan
will result in a discharge into a watercourse that has been
classified as impaired due to sediment pursuant to subsection (d) of
Section 303 of the Federal Water Pollution Control Act, that causes
or contributes, to a violation of the regional water quality control
plan.
(b) The exercise of a regional water quality control board's
authority pursuant to subdivision (a) may be delegated to the
executive officer of that regional water quality control board as
long as the executive officer's determination is subject to review by
that regional water quality control board upon request of the person
that has submitted the timber harvesting plan or upon motion of that
regional water quality control board.
(c) If the appropriate regional water quality control board makes
a finding pursuant to subdivision (a), the executive officer of that
regional water quality control board shall, before the close of the
public comment period under Section 4582.7, notify the director in
writing of the finding and advise the director that the plan may not
be approved. If the issues that lead to a regional water quality
control board's finding pursuant to subdivision (a) cannot be
resolved during the director's determination period under Section
4582.7 or a longer period that is mutually agreeable to the director
and the person that submitted the timber harvesting plan, the
director shall deny the timber harvesting plan and return the plan to
the person that submitted it. The director shall advise the person
that submitted the timber harvesting plan of the reasons why the plan
is being returned.
4582.75. The rules adopted by the board and the provisions of this
chapter shall be the only criteria employed by the director when
reviewing timber harvesting plans pursuant to Section 4582.7.
4582.8. Within 10 days from the date that a timber harvesting plan
is determined to be in conformance under Section 4582.7, or within 10
days from the date of receipt of a notice of timber operations, a
nonindustrial timber harvest notice, a notice of exemption to convert
less than three acres to a nontimber use pursuant to Section 4584,
or an emergency notice filed pursuant to Section 4592, the director
shall transmit copies thereof to the State Board of Equalization. Any
notice of exemption or notice of emergency transmitted to the State
Board of Equalization pursuant to this section shall include, among
other things, an estimate of the timber owner as to whether the
timber to be harvested pursuant to the notice will or will not be
exempt from timber yield tax pursuant to Section 38116 of the Revenue
and Taxation Code as interpreted and implemented by the State Board
of Equalization.
4582.9. (a) Notwithstanding any other provision of this chapter,
the Director of Fish and Game or the State Water Resources Control
Board may, not later than 10 days after approval of a plan by the
director, appeal the approval to the board. At the time of filing of
an appeal with the board, the person shall notify the director and
the plan submitter of the appeal, and no further timber operations
shall occur under the plan until the final determination of the
appeal by the board.
(b) The Director of Fish and Game or the State Water Resources
Control Board may appeal the approval of a plan by the director only
if the Department of Fish and Game or the State Water Resources
Control Board or a California regional water quality control board
has (1) participated in an onsite inspection of the plan with the
department and (2) participated in a multidisciplinary review of the
plan. The board may establish procedures for filing an appeal and
may, in order to demonstrate that a substantial issue is raised with
respect to the environment or public safety, specify findings which
are required to be made in filing an appeal.
(c) The board shall grant a hearing if it determines that the
appeal under this section raises substantial issues with respect to
the environment or to public safety. The board, by regulation, may
delegate this determination to its chairperson.
(d) The board shall hold a public hearing within 30 days after the
filing of an appeal, or a longer period mutually agreed upon by the
board, the appellant, and the plan submitter. Witnesses may appear
either at the request of a party having standing or at a request of a
majority of the board or board committee holding the hearing. Within
10 days after the conclusion of the hearing, the board shall approve
or deny the plan. The basis for the board's decision shall be all
applicable provisions of California law, including, but not limited
to, the California Timberland Productivity Act of 1982 (Chapter 6.7
(commencing with Section 51100) of Division 1 of Title 5 of the
Government Code) and subdivision (d) of Section 4512. In denying a
plan, the board may make findings that set forth conditions under
which it believes the plan would have been approved. The board may
delegate conduct of the hearing and the decision to a committee of
three members to be appointed for that hearing by the chairperson of
the board. The committee shall consist of one general public member,
one industry member, and the chairperson or the chairperson's
designee. The chairperson of the board or the chairperson's designee
shall conduct the hearing. The decision of the committee shall have
the full force of a decision of the full board. At any time prior to
a decision on an appeal conducted by a committee, any member of the
committee may file a declaration of importance with the executive
officer of the board and that appeal shall be immediately transferred
to the full board for decision.
4583. A timber harvesting plan shall conform to all standards and
rules which are in effect at the time the plan becomes effective.
Except for stocking standards in effect at the time of commencement
of timber operations under a timber harvesting plan, which shall
remain in effect for any timberland harvested under such plan, all
timber operations shall conform to any changes or modifications of
standards and rules made thereafter unless prior to the adoption of
such changes or modifications, substantial liabilities for timber
operations have been incurred in good faith and in reliance upon the
standards in effect at the time the plan became effective and the
adherence to such new rules or modifications would cause unreasonable
additional expense to the owner or operator.
4583.2. The registered professional forester who prepared the
timber harvesting plan and or any other registered professional
forester who is employed by the owner or operator, shall report to
the owner and operator if there are deviations of any sort from the
plan which in his judgment threaten the attainment of the resource
conservation standards or other regulations promulgated pursuant to
this chapter.
4583.5. If the board finds that the registered professional
forester has made any material misstatement in the filing of any
timber harvesting plan or report under this chapter, it shall take
disciplinary action against him as provided under Section 775.
4584. Upon determining that the exemption is consistent with the
purposes of this chapter, the board may exempt from this chapter, or
portions thereof, a person engaged in forest management whose
activities are limited to any of the following:
(a) The cutting or removal of trees for the purpose of
constructing or maintaining a right-of-way for utility lines.
(b) The planting, growing, nurturing, shaping, shearing, removal,
or harvest of immature trees for Christmas trees or other ornamental
purposes or minor forest products, including fuelwood.
(c) The cutting or removal of dead, dying, or diseased trees of
any size.
(d) Site preparation.
(e) Maintenance of drainage facilities and soil stabilization
treatments.
(f) Timber operations on land managed by the Department of Parks
and Recreation.
(g) (1) The one-time conversion of less than three acres to a
nontimber use. A person, whether acting as an individual or as a
member of a partnership, or as an officer or employee of a
corporation or other legal entity, shall not obtain more than one
exemption pursuant to this subdivision in a five-year period. If a
partnership has as a member, or if a corporation or other legal
entity has as an officer or employee, a person who has received this
exemption within the past five years, whether as an individual or as
a member of a partnership, or as an officer or employee of a
corporation or other legal entity, then that partnership,
corporation, or other legal entity is not eligible for this
exemption. "Person," for purposes of this subdivision, means an
individual, partnership, corporation, or other legal entity.
(2) (A) Notwithstanding Section 4554.5, the board shall adopt
regulations that become effective and operative on or before July 1,
2002, and do all of the following:
(i) Identify the required documentation of a bona fide intent to
complete the conversion that an applicant will need to submit in
order to be eligible for the exemption in paragraph (1).
(ii) Authorize the department to inspect the sites approved in
conversion applications that have been approved on or after January
1, 2002, in order to determine that the conversion was completed
within the two-year period described in subparagraph (B) of paragraph
(2) of subdivision (a) of Section 1104.1 of Title 14 of the
California Code of Regulations.
(iii) Require the exemption under this subdivision to expire if
there is a change in timberland ownership. The person who originally
submitted an application for an exemption under this subdivision
shall notify the department of a change in timberland ownership on or
before five calendar days after a change in ownership.
(iv) The board may adopt regulations allowing a waiver of the
five-year limitation described in paragraph (1) upon finding that the
imposition of the five-year limitation would impose an undue
hardship on the applicant for the exemption. The board may adopt a
process for an appeal of a denial of a waiver.
(B) The application form for the exemption pursuant to paragraph
(1) shall prominently advise the public that a violation of the
conversion exemption, including a conversion applied for in the name
of someone other than the person or entity implementing the
conversion in bona fide good faith, is a violation of this chapter
and penalties may accrue up to ten thousand dollars ($10,000) for
each violation pursuant to Article 8 (commencing with Section 4601).
(h) Easements granted by a right-of-way construction agreement
administered by the federal government if any timber sales and
operations within or affecting these areas are reviewed and conducted
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
Sec. 4321 et seq.).
(i) The cutting, removal, or sale of timber or other solid wood
forest products from the species Taxus brevifolia (Pacific yew), if
the known locations of any stands of this species three inches and
larger in diameter at breast height are identified in the exemption
notice submitted to the department. Nothing in this subdivision is
intended to authorize the peeling of bark from, or the cutting or
removal of, Taxus brevifolia within a watercourse and lake protection
zone, special treatment area, buffer zone, or other area where
timber harvesting is prohibited or otherwise restricted pursuant to
board rules.
(j) (1) The cutting or removal of trees in compliance with
Sections 4290 and 4291 that eliminates the vertical continuity of
vegetative fuels and the horizontal continuity of tree crowns for the
purpose of reducing flammable materials and maintaining a fuel break
for a distance of not more than 150 feet on each side from an
approved and legally permitted structure that complies with the
California Building Standards Code, when that cutting or removal is
conducted in compliance with this subdivision. For purposes of this
subdivision, an "approved and legally permitted structure" includes
only structures that are designed for human occupancy and garages,
barns, stables, and structures used to enclose fuel tanks.
(2) (A) The cutting or removal of trees pursuant to this
subdivision is limited to cutting or removal that will result in a
reduction in the rate of fire spread, fire duration and intensity,
fuel ignitability, or ignition of the tree crowns and shall be in
accordance with any regulations adopted by the board pursuant to this
section.
(B) Trees shall not be cut or removed pursuant to this subdivision
by the clearcutting regeneration method, by the seed tree removal
step of the seed tree regeneration method, or by the shelterwood
removal step of the shelterwood regeneration method.
(3) (A) Surface fuels, including logging slash and debris, low
brush, and deadwood, that could promote the spread of wildfire shall
be chipped, burned, or otherwise removed from all areas of timber
operations within 45 days from the date of commencement of timber
operations pursuant to this subdivision.
(B) (i) All surface fuels that are not chipped, burned, or
otherwise removed from all areas of timber operations within 45 days
from the date of commencement of timber operations may be determined
to be a nuisance and subject to abatement by the department or the
city or county having jurisdiction.
(ii) The costs incurred by the department, city, or county, as the
case may be, to abate the nuisance upon any parcel of land subject
to the timber operations, including, but not limited to,
investigation, boundary determination, measurement, and other related
costs, may be recovered by special assessment and lien against the
parcel of land by the department, city, or county. The assessment may
be collected at the same time and in the same manner as ordinary ad
valorem taxes, and shall be subject to the same penalties and the
same procedure and sale in case of delinquency as is provided for ad
valorem taxes.
(4) All timber operations conducted pursuant to this subdivision
shall conform to applicable city or county general plans, city or
county implementing ordinances, and city or county zoning ordinances.
This paragraph does not authorize the cutting, removal, or sale of
timber or other solid wood forest products within an area where
timber harvesting is prohibited or otherwise restricted pursuant to
the rules or regulations adopted by the board.
(5) (A) The board shall adopt regulations, initially as emergency
regulations in accordance with subparagraph (B), that the board
considers necessary to implement and to obtain compliance with this
subdivision.
(B) The emergency regulations adopted pursuant to subparagraph (A)
shall be adopted in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health, and safety, or
general welfare.
(k) (1) Until January 1, 2013, the harvesting of trees, limited to
those trees that eliminate the vertical continuity of vegetative
fuels and the horizontal continuity of tree crowns, for the purpose
of reducing the rate of fire spread, duration and intensity, fuel
ignitability, or ignition of tree crowns.
(2) The board may authorize an exemption pursuant to paragraph (1)
only if the tree harvesting will decrease fuel continuity and
increase the quadratic mean diameter of the stand, and the tree
harvesting area will not exceed 300 acres.
(3) The notice of exemption, which shall be known as the Forest
Fire Prevention Exemption, may be authorized only if all of the
conditions specified in paragraphs (4) to (10), inclusive, are met.
(4) A registered professional forester shall prepare the notice of
exemption and submit it to the director, and include a map of the
area of timber operations that complies with the requirements of
paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision
(x) of Section 1034 of Title 14 of the California Code of
Regulations.
(5) (A) The registered professional forester who submits the
notice of exemption shall include a description of the preharvest
stand structure and a statement of the postharvest stand stocking
levels.
(B) The level of residual stocking shall be consistent with
maximum sustained production of high-quality timber products. The
residual stand shall consist primarily of healthy and vigorous
dominant and codominant trees from the preharvest stand. Stocking
shall not be reduced below the standards required by any of the
following provisions that apply to the exemption at issue:
(i) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 913.3 of Title 14 of the California
Code of Regulations.
(ii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 933.3 of Title 14 of the California
Code of Regulations.
(iii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 953.3 of Title 14 of the California
Code of Regulations.
(C) If the preharvest dominant and codominant crown canopy is
occupied by trees less than 14 inches in diameter at breast height, a
minimum of 100 trees over four inches in diameter at breast height
shall be retained per acre for Site I, II, and III lands, and a
minimum of 75 trees over four inches in diameter at breast height
shall be retained per acre for Site IV and V lands.
(6) (A) The registered professional forester who submits the
notice shall include selection criteria for the trees to be harvested
or the trees to be retained. In the development of fuel reduction
prescriptions, the registered professional forester should consider
retaining habitat elements, where feasible, including, but not
limited to, ground level cover necessary for the long-term management
of local wildlife populations.
(B) All trees that are harvested or all trees that are retained
shall be marked or sample marked by or under the supervision of a
registered professional forester before felling operations begin. The
board shall adopt regulations for sample marking for this section in
Title 14 of the California Code of Regulations. Sample marking shall
be limited to homogenous forest stand conditions typical of
plantations.
(7) (A) The registered professional forester submitting the
notice, upon submission of the notice, shall provide a confidential
archaeology letter that includes all the information required by any
of the following provisions that apply to the exemption at issue:
(i) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
of Section 929.1 of Title 14 of the California Code of Regulations,
and include site records if required pursuant to subdivision (g) of
that section or pursuant to Section 929.5 of Title 14 of the
California Code of Regulations.
(ii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
of Section 949.1 of Title 14 of the California Code of Regulations,
and include site records if required pursuant to subdivision (g) of
that section or pursuant to Section 949.5 of Title 14 of the
California Code of Regulations.
(iii) Paragraphs (2) and (7) to (11), inclusive, of subdivision
(c) of Section 969.1 of Title 14 of the California Code of
Regulations, and include site records if required pursuant to
subdivision (g) of that section or pursuant to Section 969.5 of Title
14 of the California Code of Regulations.
(B) The director shall submit a complete copy of the confidential
archaeological letter and two copies of all required archaeological
or historical site records to the appropriate Information Center of
the California Historical Resource Information System within 30 days
from the date of notice submittal to the director. Before submitting
the notice to the director, the registered professional forester
shall send a copy of the notice to Native Americans, as defined in
Section 895.1 of Title 14 of the California Code of Regulations.
(8) Only trees less than 18 inches in stump diameter, measured at
eight inches above ground level, may be removed. However, within 500
feet of a legally permitted structure, or in an area prioritized as a
shaded fuel break in a community wildfire protection plan approved
by a public fire agency, if the goal of fuel reduction cannot be
achieved by removing trees less than 18 inches in stump diameter,
trees less than 24 inches in stump diameter may be removed if that
removal complies with this section and is necessary to achieve the
goal of fuel reduction. A fuel reduction effort shall not violate the
canopy closure regulations adopted by the board on June 10, 2004,
and as those regulations may be amended.
(9) (A) This subparagraph applies to areas within 500 feet of a
legally permitted structure and in areas prioritized as a shaded fuel
break in a community wildfire protection plan approved by a public
fire agency. The board shall adopt regulations for the treatment of
surface and ladder fuels in the harvest area, including logging slash
and debris, low brush, small trees, and deadwood, that could promote
the spread of wildfire. The regulations adopted by the board shall
be consistent with the standards in the board's "General Guidelines
for Creating Defensible Space" described in Section 1299 of Title 14
of the California Code of Regulations. Postharvest standards shall
include vertical spacing between fuels, horizontal spacing between
fuels, maximum depth of dead ground surface fuels, and treatment of
standing dead fuels, as follows:
(i) Ladder and surface fuels shall be spaced to achieve a vertical
clearance distance of eight feet or three times the height of the
postharvest fuels, whichever is the greater distance, measured from
the base of the live crown of the postharvest dominant and codominant
trees to the top of the surface fuels.
(ii) Horizontal spacing shall achieve a minimum separation of two
to six times the height of the postharvest fuels, increasing spacing
with increasing slope, measured from the outside branch edges of the
fuels.
(iii) Dead surface fuel depth shall be less than nine inches.
(iv) Standing dead or dying trees and brush generally shall be
removed. That material, along with live vegetation associated with
the dead vegetation, may be retained for wildlife habitat when
isolated from other vegetation.
(B) This subparagraph applies to all areas not described in
subparagraph (A).
(i) The postharvest stand shall contain no more than 200 trees
over three inches in diameter per acre.
(ii) Vertical spacing shall be achieved by treating dead fuels to
a minimum clearance distance of eight feet measured from the base of
the live crown of the postharvest dominant and codominant trees to
the top of the dead surface fuels.
(iii) All logging slash created by the timber operations shall be
treated to achieve a maximum postharvest depth of nine inches above
the ground.
(C) The standards required by subparagraphs (A) and (B) shall be
achieved on approximately 80 percent of the treated area. The
treatment shall include chipping, removing, or other methods
necessary to achieve the standards. Ladder and surface fuel
treatments, for any portion of the exemption area where timber
operations have occurred, shall be done within 120 days from the
start of timber operations on that portion of the exemption area or
by April 1 of the year following surface fuel creation on that
portion of the exemption area if the surface fuels are burned.
(10) Timber operations shall comply with the requirements of
paragraphs (1) to (10), inclusive, of subdivision (b) of Section 1038
of Title 14 of the California Code of Regulations. Timber operations
in the Lake Tahoe region shall comply instead with the requirements
of paragraphs (1) to (16), inclusive, of subdivision (f) of Section
1038 of Title 14 of the California Code of Regulations.
(11) After the timber operations are complete, the department
shall conduct an onsite inspection to determine compliance with this
subdivision and whether appropriate enforcement action should be
initiated.
4584.5. Nothing in Section 4584 shall exempt the owner of any
timber harvested from registering with the State Board of
Equalization or from the payment of any applicable timber yield taxes
imposed pursuant to Section 38115 of the Revenue and Taxation Code.
4585. (a) Within one month after completion of the work described
in the timber harvesting plan or nonindustrial timber harvest notice,
excluding work for stocking, site preparation, or maintenance of
drainage facilities and soil stabilization treatments on skid trails,
roads, and landings after the plan period, a report shall be filed
by the timber owner or the owner's agent with the department that all
work, except stocking, site preparation, or maintenance of drainage
facilities and soil stabilization treatments, has been completed.
(b) If all of the work described in the plan has not been
completed, a report may be filed annually with respect to a portion
of the area covered by the plan which has been completed. The portion
completed shall be adequately identified on a map submitted with the
report.
4586. Within six months of the receipt of the work completion
report specified in Section 4585, the director shall determine, by
inspection, whether the work described in the report has been
properly completed in conformity with the rules and regulations of
the board and the standards of this chapter. If the work has been so
completed, the director shall issue a report of satisfactory
completion of the work. If not, the director shall take such
corrective action as he or she determines to be appropriate in
accordance with Article 8 (commencing with Section 4601).
4587. (a) Within five years after completion of timber operations
on an area identified in a report submitted pursuant to Section 4585
or nonindustrial timber harvest notice, a report of stocking with
respect to that area shall be filed by the timber owner or the owner'
s agent with the department. A separate report of stocking may be
filed with the work completion report for those areas which meet
stocking requirements upon completion of timber operations. The
board, by regulation, shall establish one or more statistically valid
standardized sampling procedures designed to measure the number of
trees and their dispersion.
(b) Notwithstanding subdivision (a), the board shall adopt
regulations which specify the conditions and manner in which the
necessity of employing sampling procedures may be waived. The
regulations shall provide that, in addition to any other possible
conditions which may be required by the board, the standard sampling
procedures may be waived only if the director or the director's
representative and the timber owner, or a registered professional
forester acting as the owner's agent, agree that the area is
adequately stocked to meet the standards of this chapter and any
applicable rules or regulations of the board. The regulations shall
require that, if the director or the director's representative does
not agree that the area is so stocked, a standardized sample shall be
required.
4588. Within six months of the receipt of the stocking report, the
director shall determine, by inspection, whether the stocking has
been properly completed. If so, he shall issue a report of
satisfactory completion of stocking. If not, he shall take such
corrective action as he deems appropriate in accordance with the
provisions of Article 8 (commencing with Section 4601) of this
chapter.
4590. (a) (1) A timber harvesting plan is effective for a period of
not more than three years, unless extended pursuant to paragraph
(2).
(2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
(A) Good cause is shown.
(B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
(b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan, written
certification by a registered professional forester that neither of
the conditions in subdivision (f) has occurred, and, consistent with
Section 4583, an agreement to comply with this chapter and the rules
and regulations of the board as they exist on the date the extension
notice is filed.
(c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
(d) Notwithstanding subdivision (a) and the submission of a
completion report pursuant to Section 4585, a timber harvesting plan,
on which timber operations have commenced but not been completed,
may be reopened and extended by amendment for up to a maximum of four
one-year extensions, including any other extension granted prior to
January 1, 2010, if the following conditions have been met:
(1) The plan expired or was extended in 2008 or 2009.
(2) The plan complies with subparagraphs (A) and (B) of paragraph
(2) of subdivision (a).
(3) The notice of extension, pursuant to subdivision (b), includes
written certification by a registered professional forester that
neither of the conditions in subdivision (f) has occurred.
(e) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (f) has
occurred.
(f) The department shall not approve an extension pursuant to
subdivision (e) if either of the following has occurred:
(1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
(2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
(g) An extension of a timber harvesting plan on which either of
the conditions in subdivision (f) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b),
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
(h) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
4590. (a) (1) A timber harvesting plan approved on or after January
1, 2012, is effective for a period of not more than three years,
unless extended pursuant to paragraph (2).
(2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
(A) Good cause is shown.
(B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
(b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan and, consistent
with Section 4583, an agreement to comply with this chapter and the
rules and regulations of the board as these exist on the date the
extension notice is filed.
(c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
(d) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (e) has
occurred.
(e) The department shall not approve an extension pursuant to
subdivision (d) if either of the following has occurred:
(1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
(2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
(f) An extension of a timber harvesting plan on which either of
the conditions in subdivision (e) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b),
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
(g) This section shall become operative on January 1, 2012.
4591. Amendments to the original timber harvesting plan may be
submitted detailing proposed changes from the original plan.
Substantial deviations from the original plan shall not be undertaken
until the amendment has been filed with, and acted upon, by the
department in accordance with Sections 4582.7 and 4583. An amendment
may not extend the effective period of the plan, except as provided
in Section 4590.
4591.1. The board shall specify by regulation those deviations
which may be undertaken by an operator without submission of an
amended plan but which must subsequently be reported to the
department, and provide for the manner of so reporting.
4592. Notwithstanding any other provisions of this chapter, a
registered professional forester may in an emergency, on behalf of a
timber owner or operator, file an "emergency notice" with the
department that shall allow immediate commencement of timber
operations. The emergency notice shall include a declaration, under
penalty of perjury, that a bona fide emergency exists which requires
immediate harvest activities, and that any applicable timber yield
taxes will be paid pursuant to Section 38115 of the Revenue and
Taxation Code. Those emergencies shall be defined by the board and
may include, but are not limited to, the necessity to harvest to
remove fire-killed or damaged timber or insect or disease-infested
timber, or to undertake emergency repairs to roads.
4581. No person shall conduct timber operations unless a timber
harvesting plan prepared by a registered professional forester has
been submitted for such operations to the department pursuant to this
article. Such plan shall be required in addition to the license
required in Section 4571.
4582. The timber harvesting plan shall be filed with the department
in writing by a person who owns, leases, or otherwise controls or
operates on all or any portion of any timberland and who plans to
harvest the timber thereon. If the person who files the plan is not
the owner of the timberland, the person filing the plan shall notify
the timberland owner by certified mail that the plan has been
submitted and shall certify that mailing to the department. The plan
shall be a public record and shall include all of the following
information:
(a) The name and address of the timber owner.
(b) The name and address of the timber operator if known at the
time of filing. If the timber operator is not known at the time of
filing, the plan submitter shall notify the department as soon as the
timber operator is known, but in any case before timber operations
begin.
(c) A description of the land on which the work is proposed to be
done, including a United States Geological Survey quadrangle map or
equivalent indicating the location of all streams, the location of
all proposed and existing logging truck roads, and indicating
boundaries of all site I classification timberlands to be stocked in
accordance with subdivision (b) of Section 4561 and any other site
classifications if the board establishes specific minimum stocking
standards for other site classifications.
(d) A description of the silvicultural methods to be applied,
including the type of logging equipment to be used.
(e) An outline of the methods to be used to avoid excessive
accelerated erosion from timber operations to be conducted within the
proximity of a stream.
(f) Special provisions, if any, to protect any unique area within
the area of timber operations.
(g) The expected dates of commencement and completion of timber
operations.
(h) A certification by the registered professional forester
preparing the plan that he or she or a designee has personally
inspected the plan area.
(i) Any other information the board provides by regulation to meet
its rules and the standards of this chapter.
(j) This section shall become operative on January 1, 1996.
4582.3. The board shall, on or before May 1, 1985, adopt
regulations regarding notice of intent to harvest timber, to be given
within two working days following submission of a timber harvesting
plan, which it determines to be appropriate and which are consistent
with law and Horn v. County of Ventura, 24 Cal. 3d 605. In adopting
the regulations, the board shall take account of the extent of the
administrative burden involved in giving the notice. The method of
notice shall include, but not be limited to, mailed notice. The
regulations may require the person submitting the timber harvesting
plan to provide to the department a list of the names and addresses
of persons to whom the notice was mailed and a written declaration
that the mailing has been completed.
4582.4. Notice of the filing of timber harvesting plans shall be
made by the department to any person who requests, in writing, such
notification.
4582.5. Timber harvesting plans shall be applicable to a specific
piece of property or properties and shall be based upon such
characteristics of the property as vegetation type, soil stability,
topography, geology, climate, and stream characteristics.
4582.6. (a) Upon receipt of the timber harvesting plan, the
department shall place it, or a true copy thereof, in a file
available for public inspection in the county in which timber
operations are proposed under the plan, and, for the purpose of
interdisciplinary review, shall transmit a copy to the Department of
Fish and Game, the appropriate California regional water quality
control board, the county planning agency, and, if the area is within
its jurisdiction, the Tahoe Regional Planning Agency, as the case
may be. The department shall invite, consider, and respond in writing
to comments received from public agencies to which the plan has been
transmitted and shall consult with those agencies at their request.
(b) Within the public comment period, any responsible agency, as
defined in Section 21069, shall provide the department with specific
comments or recommendations, or both, on any significant
environmental issues and proposed mitigation measures raised by the
timber harvesting plan. The responsible agency shall also identify
its statutory authority for any requests for mitigation measures that
it may determine to be necessary. If the responsible agency fails to
respond by the end of the public comment period, the department may
assume that the responsible agency has no comments or recommendations
concerning the timber harvesting plan, but the failure of the
responsible agency to make comments or recommendations shall not be
used as the basis for a determination or presumption that the timber
harvesting plan will have no significant effect on the environment.
The department shall consider all comments and recommendations
received from responsible agencies and from the public during the
public comment period. If a responsible agency fails to respond
within the public comment period, it may request additional time to
respond. The director may grant an extension of the time to respond
of up to 14 calendar days if he or she determines, after consultation
with the person submitting the timber harvesting plan, that an
extension is necessary.
(c) To ensure that all public comments and concerns are considered
by the department, each responsible agency shall maintain a list of
written information it disseminates on the timber harvesting plan
under review prior to the close of the public comment period.
(d) On and after July 1, 1983, the board of supervisors or
planning commission of any county for which rules have been adopted
pursuant to Section 4516.5 may request a public hearing on any timber
harvesting plan submitted for lands within the county, and the
department shall hold a hearing for the purpose of public comment, if
requested, prior to taking any action on the timber harvesting plan
pursuant to Section 4582.7. The hearing shall be held in the county
in which the proposed harvest is located at a time and place
convenient to the public. The hearing shall be held in county offices
if made available by the county for that purpose. The chairperson of
the hearing shall be a representative of the department, shall
receive both oral and written testimony from members of the public,
local government officials, persons submitting the plans, and others,
and shall provide for the hearing to be electronically recorded. The
department shall prepare and make available written responses to
significant issues raised at the hearing. The requirements of this
subdivision shall not be construed as extending the time within which
any action is required to be taken pursuant to Section 4582.7.
4582.7. (a) The director shall have 30 days from the date that the
initial inspection is completed (10 of these days shall follow the
date of final interagency review) or, if the director determines that
the inspection need not be made, 15 days from the date of filing, as
specified in Section 4604, or a longer period mutually agreed upon
by the director and the person submitting the timber harvesting plan,
to review the plan and take public comments. After the final review
and public comment period has ended, the director shall have up to 15
working days, or a longer period mutually agreed upon by the
director and the person submitting the plan, to review the public
input, to consider recommendations and mitigation measures of other
agencies, to respond in writing to the issues raised, and to
determine if the plan is in conformance with the rules and
regulations of the board and with this chapter.
(b) If the director determines that the timber harvesting plan is
not in conformance with the rules and regulations of the board or
with this chapter, the director shall return the plan, stating his or
her reasons in writing, and advising the person submitting the plan
of the person's right to a hearing before the board, and timber
operations may not commence.
(c) A person to whom a timber harvesting plan is returned may,
within 10 days from the date of receipt of the plan, request of the
board a public hearing before the board. The board shall schedule a
public hearing to review the plan to determine if the plan is in
conformance with the rules and regulations of the board and with this
chapter. Timber operations shall await board approval of the plan.
Board action shall occur within 30 days from the date of the filing
of the appeal, or a longer period mutually agreed upon by the board
and the person filing the appeal.
(d) If the timber harvesting plan is not approved on appeal to the
board, the plan may be found to be in conformance by the director
within 10 days from the date of the board action, provided that the
plan is brought into full conformance with the rules and regulations
of the board and with this chapter. If the director does not act
within 25 days or a longer period mutually agreed upon by the
director and the person submitting the plan, timber operations may
commence pursuant to the plan, and all provisions of the plan shall
be followed as provided in this chapter.
(e) Upon the request of a responsible agency, the director shall
consult with that agency, pursuant to this chapter, but the director,
or his or her designee within the department, shall have the final
authority to determine whether a timber harvesting plan is in
conformance with the rules and regulations of the board and with this
chapter for purposes of approval by the department.
4582.71. (a) A timber harvesting plan may not be approved if the
appropriate regional water quality control board finds, based on
substantial evidence, that the timber operations proposed in the plan
will result in a discharge into a watercourse that has been
classified as impaired due to sediment pursuant to subsection (d) of
Section 303 of the Federal Water Pollution Control Act, that causes
or contributes, to a violation of the regional water quality control
plan.
(b) The exercise of a regional water quality control board's
authority pursuant to subdivision (a) may be delegated to the
executive officer of that regional water quality control board as
long as the executive officer's determination is subject to review by
that regional water quality control board upon request of the person
that has submitted the timber harvesting plan or upon motion of that
regional water quality control board.
(c) If the appropriate regional water quality control board makes
a finding pursuant to subdivision (a), the executive officer of that
regional water quality control board shall, before the close of the
public comment period under Section 4582.7, notify the director in
writing of the finding and advise the director that the plan may not
be approved. If the issues that lead to a regional water quality
control board's finding pursuant to subdivision (a) cannot be
resolved during the director's determination period under Section
4582.7 or a longer period that is mutually agreeable to the director
and the person that submitted the timber harvesting plan, the
director shall deny the timber harvesting plan and return the plan to
the person that submitted it. The director shall advise the person
that submitted the timber harvesting plan of the reasons why the plan
is being returned.
4582.75. The rules adopted by the board and the provisions of this
chapter shall be the only criteria employed by the director when
reviewing timber harvesting plans pursuant to Section 4582.7.
4582.8. Within 10 days from the date that a timber harvesting plan
is determined to be in conformance under Section 4582.7, or within 10
days from the date of receipt of a notice of timber operations, a
nonindustrial timber harvest notice, a notice of exemption to convert
less than three acres to a nontimber use pursuant to Section 4584,
or an emergency notice filed pursuant to Section 4592, the director
shall transmit copies thereof to the State Board of Equalization. Any
notice of exemption or notice of emergency transmitted to the State
Board of Equalization pursuant to this section shall include, among
other things, an estimate of the timber owner as to whether the
timber to be harvested pursuant to the notice will or will not be
exempt from timber yield tax pursuant to Section 38116 of the Revenue
and Taxation Code as interpreted and implemented by the State Board
of Equalization.
4582.9. (a) Notwithstanding any other provision of this chapter,
the Director of Fish and Game or the State Water Resources Control
Board may, not later than 10 days after approval of a plan by the
director, appeal the approval to the board. At the time of filing of
an appeal with the board, the person shall notify the director and
the plan submitter of the appeal, and no further timber operations
shall occur under the plan until the final determination of the
appeal by the board.
(b) The Director of Fish and Game or the State Water Resources
Control Board may appeal the approval of a plan by the director only
if the Department of Fish and Game or the State Water Resources
Control Board or a California regional water quality control board
has (1) participated in an onsite inspection of the plan with the
department and (2) participated in a multidisciplinary review of the
plan. The board may establish procedures for filing an appeal and
may, in order to demonstrate that a substantial issue is raised with
respect to the environment or public safety, specify findings which
are required to be made in filing an appeal.
(c) The board shall grant a hearing if it determines that the
appeal under this section raises substantial issues with respect to
the environment or to public safety. The board, by regulation, may
delegate this determination to its chairperson.
(d) The board shall hold a public hearing within 30 days after the
filing of an appeal, or a longer period mutually agreed upon by the
board, the appellant, and the plan submitter. Witnesses may appear
either at the request of a party having standing or at a request of a
majority of the board or board committee holding the hearing. Within
10 days after the conclusion of the hearing, the board shall approve
or deny the plan. The basis for the board's decision shall be all
applicable provisions of California law, including, but not limited
to, the California Timberland Productivity Act of 1982 (Chapter 6.7
(commencing with Section 51100) of Division 1 of Title 5 of the
Government Code) and subdivision (d) of Section 4512. In denying a
plan, the board may make findings that set forth conditions under
which it believes the plan would have been approved. The board may
delegate conduct of the hearing and the decision to a committee of
three members to be appointed for that hearing by the chairperson of
the board. The committee shall consist of one general public member,
one industry member, and the chairperson or the chairperson's
designee. The chairperson of the board or the chairperson's designee
shall conduct the hearing. The decision of the committee shall have
the full force of a decision of the full board. At any time prior to
a decision on an appeal conducted by a committee, any member of the
committee may file a declaration of importance with the executive
officer of the board and that appeal shall be immediately transferred
to the full board for decision.
4583. A timber harvesting plan shall conform to all standards and
rules which are in effect at the time the plan becomes effective.
Except for stocking standards in effect at the time of commencement
of timber operations under a timber harvesting plan, which shall
remain in effect for any timberland harvested under such plan, all
timber operations shall conform to any changes or modifications of
standards and rules made thereafter unless prior to the adoption of
such changes or modifications, substantial liabilities for timber
operations have been incurred in good faith and in reliance upon the
standards in effect at the time the plan became effective and the
adherence to such new rules or modifications would cause unreasonable
additional expense to the owner or operator.
4583.2. The registered professional forester who prepared the
timber harvesting plan and or any other registered professional
forester who is employed by the owner or operator, shall report to
the owner and operator if there are deviations of any sort from the
plan which in his judgment threaten the attainment of the resource
conservation standards or other regulations promulgated pursuant to
this chapter.
4583.5. If the board finds that the registered professional
forester has made any material misstatement in the filing of any
timber harvesting plan or report under this chapter, it shall take
disciplinary action against him as provided under Section 775.
4584. Upon determining that the exemption is consistent with the
purposes of this chapter, the board may exempt from this chapter, or
portions thereof, a person engaged in forest management whose
activities are limited to any of the following:
(a) The cutting or removal of trees for the purpose of
constructing or maintaining a right-of-way for utility lines.
(b) The planting, growing, nurturing, shaping, shearing, removal,
or harvest of immature trees for Christmas trees or other ornamental
purposes or minor forest products, including fuelwood.
(c) The cutting or removal of dead, dying, or diseased trees of
any size.
(d) Site preparation.
(e) Maintenance of drainage facilities and soil stabilization
treatments.
(f) Timber operations on land managed by the Department of Parks
and Recreation.
(g) (1) The one-time conversion of less than three acres to a
nontimber use. A person, whether acting as an individual or as a
member of a partnership, or as an officer or employee of a
corporation or other legal entity, shall not obtain more than one
exemption pursuant to this subdivision in a five-year period. If a
partnership has as a member, or if a corporation or other legal
entity has as an officer or employee, a person who has received this
exemption within the past five years, whether as an individual or as
a member of a partnership, or as an officer or employee of a
corporation or other legal entity, then that partnership,
corporation, or other legal entity is not eligible for this
exemption. "Person," for purposes of this subdivision, means an
individual, partnership, corporation, or other legal entity.
(2) (A) Notwithstanding Section 4554.5, the board shall adopt
regulations that become effective and operative on or before July 1,
2002, and do all of the following:
(i) Identify the required documentation of a bona fide intent to
complete the conversion that an applicant will need to submit in
order to be eligible for the exemption in paragraph (1).
(ii) Authorize the department to inspect the sites approved in
conversion applications that have been approved on or after January
1, 2002, in order to determine that the conversion was completed
within the two-year period described in subparagraph (B) of paragraph
(2) of subdivision (a) of Section 1104.1 of Title 14 of the
California Code of Regulations.
(iii) Require the exemption under this subdivision to expire if
there is a change in timberland ownership. The person who originally
submitted an application for an exemption under this subdivision
shall notify the department of a change in timberland ownership on or
before five calendar days after a change in ownership.
(iv) The board may adopt regulations allowing a waiver of the
five-year limitation described in paragraph (1) upon finding that the
imposition of the five-year limitation would impose an undue
hardship on the applicant for the exemption. The board may adopt a
process for an appeal of a denial of a waiver.
(B) The application form for the exemption pursuant to paragraph
(1) shall prominently advise the public that a violation of the
conversion exemption, including a conversion applied for in the name
of someone other than the person or entity implementing the
conversion in bona fide good faith, is a violation of this chapter
and penalties may accrue up to ten thousand dollars ($10,000) for
each violation pursuant to Article 8 (commencing with Section 4601).
(h) Easements granted by a right-of-way construction agreement
administered by the federal government if any timber sales and
operations within or affecting these areas are reviewed and conducted
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
Sec. 4321 et seq.).
(i) The cutting, removal, or sale of timber or other solid wood
forest products from the species Taxus brevifolia (Pacific yew), if
the known locations of any stands of this species three inches and
larger in diameter at breast height are identified in the exemption
notice submitted to the department. Nothing in this subdivision is
intended to authorize the peeling of bark from, or the cutting or
removal of, Taxus brevifolia within a watercourse and lake protection
zone, special treatment area, buffer zone, or other area where
timber harvesting is prohibited or otherwise restricted pursuant to
board rules.
(j) (1) The cutting or removal of trees in compliance with
Sections 4290 and 4291 that eliminates the vertical continuity of
vegetative fuels and the horizontal continuity of tree crowns for the
purpose of reducing flammable materials and maintaining a fuel break
for a distance of not more than 150 feet on each side from an
approved and legally permitted structure that complies with the
California Building Standards Code, when that cutting or removal is
conducted in compliance with this subdivision. For purposes of this
subdivision, an "approved and legally permitted structure" includes
only structures that are designed for human occupancy and garages,
barns, stables, and structures used to enclose fuel tanks.
(2) (A) The cutting or removal of trees pursuant to this
subdivision is limited to cutting or removal that will result in a
reduction in the rate of fire spread, fire duration and intensity,
fuel ignitability, or ignition of the tree crowns and shall be in
accordance with any regulations adopted by the board pursuant to this
section.
(B) Trees shall not be cut or removed pursuant to this subdivision
by the clearcutting regeneration method, by the seed tree removal
step of the seed tree regeneration method, or by the shelterwood
removal step of the shelterwood regeneration method.
(3) (A) Surface fuels, including logging slash and debris, low
brush, and deadwood, that could promote the spread of wildfire shall
be chipped, burned, or otherwise removed from all areas of timber
operations within 45 days from the date of commencement of timber
operations pursuant to this subdivision.
(B) (i) All surface fuels that are not chipped, burned, or
otherwise removed from all areas of timber operations within 45 days
from the date of commencement of timber operations may be determined
to be a nuisance and subject to abatement by the department or the
city or county having jurisdiction.
(ii) The costs incurred by the department, city, or county, as the
case may be, to abate the nuisance upon any parcel of land subject
to the timber operations, including, but not limited to,
investigation, boundary determination, measurement, and other related
costs, may be recovered by special assessment and lien against the
parcel of land by the department, city, or county. The assessment may
be collected at the same time and in the same manner as ordinary ad
valorem taxes, and shall be subject to the same penalties and the
same procedure and sale in case of delinquency as is provided for ad
valorem taxes.
(4) All timber operations conducted pursuant to this subdivision
shall conform to applicable city or county general plans, city or
county implementing ordinances, and city or county zoning ordinances.
This paragraph does not authorize the cutting, removal, or sale of
timber or other solid wood forest products within an area where
timber harvesting is prohibited or otherwise restricted pursuant to
the rules or regulations adopted by the board.
(5) (A) The board shall adopt regulations, initially as emergency
regulations in accordance with subparagraph (B), that the board
considers necessary to implement and to obtain compliance with this
subdivision.
(B) The emergency regulations adopted pursuant to subparagraph (A)
shall be adopted in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health, and safety, or
general welfare.
(k) (1) Until January 1, 2013, the harvesting of trees, limited to
those trees that eliminate the vertical continuity of vegetative
fuels and the horizontal continuity of tree crowns, for the purpose
of reducing the rate of fire spread, duration and intensity, fuel
ignitability, or ignition of tree crowns.
(2) The board may authorize an exemption pursuant to paragraph (1)
only if the tree harvesting will decrease fuel continuity and
increase the quadratic mean diameter of the stand, and the tree
harvesting area will not exceed 300 acres.
(3) The notice of exemption, which shall be known as the Forest
Fire Prevention Exemption, may be authorized only if all of the
conditions specified in paragraphs (4) to (10), inclusive, are met.
(4) A registered professional forester shall prepare the notice of
exemption and submit it to the director, and include a map of the
area of timber operations that complies with the requirements of
paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision
(x) of Section 1034 of Title 14 of the California Code of
Regulations.
(5) (A) The registered professional forester who submits the
notice of exemption shall include a description of the preharvest
stand structure and a statement of the postharvest stand stocking
levels.
(B) The level of residual stocking shall be consistent with
maximum sustained production of high-quality timber products. The
residual stand shall consist primarily of healthy and vigorous
dominant and codominant trees from the preharvest stand. Stocking
shall not be reduced below the standards required by any of the
following provisions that apply to the exemption at issue:
(i) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 913.3 of Title 14 of the California
Code of Regulations.
(ii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 933.3 of Title 14 of the California
Code of Regulations.
(iii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
(1) of subdivision (a) of Section 953.3 of Title 14 of the California
Code of Regulations.
(C) If the preharvest dominant and codominant crown canopy is
occupied by trees less than 14 inches in diameter at breast height, a
minimum of 100 trees over four inches in diameter at breast height
shall be retained per acre for Site I, II, and III lands, and a
minimum of 75 trees over four inches in diameter at breast height
shall be retained per acre for Site IV and V lands.
(6) (A) The registered professional forester who submits the
notice shall include selection criteria for the trees to be harvested
or the trees to be retained. In the development of fuel reduction
prescriptions, the registered professional forester should consider
retaining habitat elements, where feasible, including, but not
limited to, ground level cover necessary for the long-term management
of local wildlife populations.
(B) All trees that are harvested or all trees that are retained
shall be marked or sample marked by or under the supervision of a
registered professional forester before felling operations begin. The
board shall adopt regulations for sample marking for this section in
Title 14 of the California Code of Regulations. Sample marking shall
be limited to homogenous forest stand conditions typical of
plantations.
(7) (A) The registered professional forester submitting the
notice, upon submission of the notice, shall provide a confidential
archaeology letter that includes all the information required by any
of the following provisions that apply to the exemption at issue:
(i) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
of Section 929.1 of Title 14 of the California Code of Regulations,
and include site records if required pursuant to subdivision (g) of
that section or pursuant to Section 929.5 of Title 14 of the
California Code of Regulations.
(ii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
of Section 949.1 of Title 14 of the California Code of Regulations,
and include site records if required pursuant to subdivision (g) of
that section or pursuant to Section 949.5 of Title 14 of the
California Code of Regulations.
(iii) Paragraphs (2) and (7) to (11), inclusive, of subdivision
(c) of Section 969.1 of Title 14 of the California Code of
Regulations, and include site records if required pursuant to
subdivision (g) of that section or pursuant to Section 969.5 of Title
14 of the California Code of Regulations.
(B) The director shall submit a complete copy of the confidential
archaeological letter and two copies of all required archaeological
or historical site records to the appropriate Information Center of
the California Historical Resource Information System within 30 days
from the date of notice submittal to the director. Before submitting
the notice to the director, the registered professional forester
shall send a copy of the notice to Native Americans, as defined in
Section 895.1 of Title 14 of the California Code of Regulations.
(8) Only trees less than 18 inches in stump diameter, measured at
eight inches above ground level, may be removed. However, within 500
feet of a legally permitted structure, or in an area prioritized as a
shaded fuel break in a community wildfire protection plan approved
by a public fire agency, if the goal of fuel reduction cannot be
achieved by removing trees less than 18 inches in stump diameter,
trees less than 24 inches in stump diameter may be removed if that
removal complies with this section and is necessary to achieve the
goal of fuel reduction. A fuel reduction effort shall not violate the
canopy closure regulations adopted by the board on June 10, 2004,
and as those regulations may be amended.
(9) (A) This subparagraph applies to areas within 500 feet of a
legally permitted structure and in areas prioritized as a shaded fuel
break in a community wildfire protection plan approved by a public
fire agency. The board shall adopt regulations for the treatment of
surface and ladder fuels in the harvest area, including logging slash
and debris, low brush, small trees, and deadwood, that could promote
the spread of wildfire. The regulations adopted by the board shall
be consistent with the standards in the board's "General Guidelines
for Creating Defensible Space" described in Section 1299 of Title 14
of the California Code of Regulations. Postharvest standards shall
include vertical spacing between fuels, horizontal spacing between
fuels, maximum depth of dead ground surface fuels, and treatment of
standing dead fuels, as follows:
(i) Ladder and surface fuels shall be spaced to achieve a vertical
clearance distance of eight feet or three times the height of the
postharvest fuels, whichever is the greater distance, measured from
the base of the live crown of the postharvest dominant and codominant
trees to the top of the surface fuels.
(ii) Horizontal spacing shall achieve a minimum separation of two
to six times the height of the postharvest fuels, increasing spacing
with increasing slope, measured from the outside branch edges of the
fuels.
(iii) Dead surface fuel depth shall be less than nine inches.
(iv) Standing dead or dying trees and brush generally shall be
removed. That material, along with live vegetation associated with
the dead vegetation, may be retained for wildlife habitat when
isolated from other vegetation.
(B) This subparagraph applies to all areas not described in
subparagraph (A).
(i) The postharvest stand shall contain no more than 200 trees
over three inches in diameter per acre.
(ii) Vertical spacing shall be achieved by treating dead fuels to
a minimum clearance distance of eight feet measured from the base of
the live crown of the postharvest dominant and codominant trees to
the top of the dead surface fuels.
(iii) All logging slash created by the timber operations shall be
treated to achieve a maximum postharvest depth of nine inches above
the ground.
(C) The standards required by subparagraphs (A) and (B) shall be
achieved on approximately 80 percent of the treated area. The
treatment shall include chipping, removing, or other methods
necessary to achieve the standards. Ladder and surface fuel
treatments, for any portion of the exemption area where timber
operations have occurred, shall be done within 120 days from the
start of timber operations on that portion of the exemption area or
by April 1 of the year following surface fuel creation on that
portion of the exemption area if the surface fuels are burned.
(10) Timber operations shall comply with the requirements of
paragraphs (1) to (10), inclusive, of subdivision (b) of Section 1038
of Title 14 of the California Code of Regulations. Timber operations
in the Lake Tahoe region shall comply instead with the requirements
of paragraphs (1) to (16), inclusive, of subdivision (f) of Section
1038 of Title 14 of the California Code of Regulations.
(11) After the timber operations are complete, the department
shall conduct an onsite inspection to determine compliance with this
subdivision and whether appropriate enforcement action should be
initiated.
4584.5. Nothing in Section 4584 shall exempt the owner of any
timber harvested from registering with the State Board of
Equalization or from the payment of any applicable timber yield taxes
imposed pursuant to Section 38115 of the Revenue and Taxation Code.
4585. (a) Within one month after completion of the work described
in the timber harvesting plan or nonindustrial timber harvest notice,
excluding work for stocking, site preparation, or maintenance of
drainage facilities and soil stabilization treatments on skid trails,
roads, and landings after the plan period, a report shall be filed
by the timber owner or the owner's agent with the department that all
work, except stocking, site preparation, or maintenance of drainage
facilities and soil stabilization treatments, has been completed.
(b) If all of the work described in the plan has not been
completed, a report may be filed annually with respect to a portion
of the area covered by the plan which has been completed. The portion
completed shall be adequately identified on a map submitted with the
report.
4586. Within six months of the receipt of the work completion
report specified in Section 4585, the director shall determine, by
inspection, whether the work described in the report has been
properly completed in conformity with the rules and regulations of
the board and the standards of this chapter. If the work has been so
completed, the director shall issue a report of satisfactory
completion of the work. If not, the director shall take such
corrective action as he or she determines to be appropriate in
accordance with Article 8 (commencing with Section 4601).
4587. (a) Within five years after completion of timber operations
on an area identified in a report submitted pursuant to Section 4585
or nonindustrial timber harvest notice, a report of stocking with
respect to that area shall be filed by the timber owner or the owner'
s agent with the department. A separate report of stocking may be
filed with the work completion report for those areas which meet
stocking requirements upon completion of timber operations. The
board, by regulation, shall establish one or more statistically valid
standardized sampling procedures designed to measure the number of
trees and their dispersion.
(b) Notwithstanding subdivision (a), the board shall adopt
regulations which specify the conditions and manner in which the
necessity of employing sampling procedures may be waived. The
regulations shall provide that, in addition to any other possible
conditions which may be required by the board, the standard sampling
procedures may be waived only if the director or the director's
representative and the timber owner, or a registered professional
forester acting as the owner's agent, agree that the area is
adequately stocked to meet the standards of this chapter and any
applicable rules or regulations of the board. The regulations shall
require that, if the director or the director's representative does
not agree that the area is so stocked, a standardized sample shall be
required.
4588. Within six months of the receipt of the stocking report, the
director shall determine, by inspection, whether the stocking has
been properly completed. If so, he shall issue a report of
satisfactory completion of stocking. If not, he shall take such
corrective action as he deems appropriate in accordance with the
provisions of Article 8 (commencing with Section 4601) of this
chapter.
4590. (a) (1) A timber harvesting plan is effective for a period of
not more than three years, unless extended pursuant to paragraph
(2).
(2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
(A) Good cause is shown.
(B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
(b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan, written
certification by a registered professional forester that neither of
the conditions in subdivision (f) has occurred, and, consistent with
Section 4583, an agreement to comply with this chapter and the rules
and regulations of the board as they exist on the date the extension
notice is filed.
(c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
(d) Notwithstanding subdivision (a) and the submission of a
completion report pursuant to Section 4585, a timber harvesting plan,
on which timber operations have commenced but not been completed,
may be reopened and extended by amendment for up to a maximum of four
one-year extensions, including any other extension granted prior to
January 1, 2010, if the following conditions have been met:
(1) The plan expired or was extended in 2008 or 2009.
(2) The plan complies with subparagraphs (A) and (B) of paragraph
(2) of subdivision (a).
(3) The notice of extension, pursuant to subdivision (b), includes
written certification by a registered professional forester that
neither of the conditions in subdivision (f) has occurred.
(e) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (f) has
occurred.
(f) The department shall not approve an extension pursuant to
subdivision (e) if either of the following has occurred:
(1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
(2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
(g) An extension of a timber harvesting plan on which either of
the conditions in subdivision (f) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b),
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
(h) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
4590. (a) (1) A timber harvesting plan approved on or after January
1, 2012, is effective for a period of not more than three years,
unless extended pursuant to paragraph (2).
(2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
(A) Good cause is shown.
(B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
(b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan and, consistent
with Section 4583, an agreement to comply with this chapter and the
rules and regulations of the board as these exist on the date the
extension notice is filed.
(c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
(d) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (e) has
occurred.
(e) The department shall not approve an extension pursuant to
subdivision (d) if either of the following has occurred:
(1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
(2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
(f) An extension of a timber harvesting plan on which either of
the conditions in subdivision (e) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b),
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
(g) This section shall become operative on January 1, 2012.
4591. Amendments to the original timber harvesting plan may be
submitted detailing proposed changes from the original plan.
Substantial deviations from the original plan shall not be undertaken
until the amendment has been filed with, and acted upon, by the
department in accordance with Sections 4582.7 and 4583. An amendment
may not extend the effective period of the plan, except as provided
in Section 4590.
4591.1. The board shall specify by regulation those deviations
which may be undertaken by an operator without submission of an
amended plan but which must subsequently be reported to the
department, and provide for the manner of so reporting.
4592. Notwithstanding any other provisions of this chapter, a
registered professional forester may in an emergency, on behalf of a
timber owner or operator, file an "emergency notice" with the
department that shall allow immediate commencement of timber
operations. The emergency notice shall include a declaration, under
penalty of perjury, that a bona fide emergency exists which requires
immediate harvest activities, and that any applicable timber yield
taxes will be paid pursuant to Section 38115 of the Revenue and
Taxation Code. Those emergencies shall be defined by the board and
may include, but are not limited to, the necessity to harvest to
remove fire-killed or damaged timber or insect or disease-infested
timber, or to undertake emergency repairs to roads.
