Cal. Code Regs. Tit. 14, § 4351 - Restricted Entry and Minimum Tool Use - State Wilderness, Cultural Preserves, and Natural Preserves

(a) Except where it is necessary in an emergency within the wilderness area, cultural preserves, and natural preserves, there shall be no use of motorized vehicles, motorized equipment, or motorboats, no other form of mechanical transport (not withstanding Section 4360(a)), and no permanent structure or installation within any state wilderness, cultural preserve, or natural preserve, no landing or hovering of aircraft, no flying of aircraft lower than 2,000 feet above the ground in wilderness, except to the extent the Director of the Department of Parks and Recreation, or his/her designee makes the following findings in writing ("Findings"):

(1) the use of motorized vehicles, motorized equipment, or motorboats, the landing or hovering of aircraft, or flying of aircraft lower than 2,000 feet above the ground in wilderness, the use of any other form of mechanical transport (not withstanding Section 4360(a)), or the placement of a temporary or permanent structure or installation must meet a minimum management requirement. A minimum management requirement is defined as the minimum management actions that are necessary to administer the area for the purposes of this Chapter" as defined in PRC Sections 5093.36, 5019.71 and 5019.74.

(2) the approach proposed to perform the minimum management requirement will make use of the "minimum tool" to best preserve the wilderness, cultural or natural values under the given circumstances. The "minimum tool" is defined as "the least intrusive tool, equipment, device, regulation, action, or practice that will achieve the minimum management requirements."

(3) the result of the work will be a condition as near as natural as possible and shall leave no permanent trace or permanent installation or structure except those necessary to protect the cultural and natural resources. Temporary structures including but not limited to signage and fencing are not considered permanent structures.

(b) Upon making the Findings required in section 4351 (a), the Director or designee, may authorize officers, employees or agents of the Department of Parks and Recreation to occupy and use a particular state wilderness, cultural preserve, or natural preserve within the California State Park System on a case-by-case basis to conduct a minimum management requirement.

(c) Prior to the Director or designee, making the Findings, Department of Parks and Recreation staff shall make a recommendation to the Director or designee, on the proposed Findings. The recommendation shall provide sufficient background, analysis, data and research to allow the Director or designee, to fairly and objectively evaluate the material considerations for the Findings. The staff recommendation shall include:

(1) an analysis of whether a wilderness, cultural resource or natural resource management need exists;

(2) a description of the proposed minimum management requirement and the minimum tools to be used, including when, where and the time frame for the proposed action;

(3) the alternative approaches considered, including a discussion of the pros and cons of the alternatives; and

(4) any measures that minimize the effects of the proposed activities.

(d) The process set forth in California Code of Regulations section 4351.1 shall be used only to evaluate and arrive at a project description and a proposed action and shall not replace or supplant any required analysis under the California Environmental Quality Act (CEQA) and Public Resources Code Section 5024.

Notes

Cal. Code Regs. Tit. 14, § 4351

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section heading and section filed 6-23-2009; operative 6-23-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 26).
3. Repealer of former section 4351 and renumbering of section 4351.1 to section 4351, including amendment of section heading, section and NOTE, filed 1-28-2015; operative 4-1-2015 (Register 2015, No. 5).

Note: Authority cited: Sections 5003 and 5093.36, Public Resources Code. Reference: Sections 5093.36, 5019.71, 5019.74, 5024 and 5024.5, Public Resources Code.

1. Amendment filed 1-28-86; effective thirtieth day thereafter (Register 86, No. 5).
2. Amendment of section heading and section filed 6-23-2009; operative 6-23-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 26). 3. Repealer of former section 4351 and renumbering of section 4351.1 to section 4351, including amendment of section heading, section and Note, filed 1-28-2015; operative 4/1/2015 (Register 2015, No. 5).