Cal. Code Regs. Tit. 14, § 897 - Implementation of Act Intent

(a) RPFs who prepare Plans shall consider the range of Feasible Silvicultural Systems, operating methods and procedures provided in these Rules in seeking to avoid or substantially lessen significant adverse Effects on the environment from timber harvesting. RPFs shall use these Rules for guidance as to which are the most appropriate Feasible Silvicultural Systems, operating methods and procedures which will carry out the intent of the Act.

While Giving Consideration to measures proposed to reduce or avoid significant adverse impacts of THPs on lands zoned TPZ, the RPF and Director shall include the following legal consideration regarding feasibility:

The Timberland Productivity Act restricts use of lands zoned Timberland Production Zone to growing and harvesting timber and Compatible Use and establishes a presumption that timber harvesting is expected to and will occur on such lands.

(b) In determining whether a THP conforms to the intent of the Act, the Director shall be guided by the following principles:

(1) The goal of forest management on a specific ownership shall be the production or maintenance of forests which are healthy and naturally diverse, with a mixture of trees and Understory plants, in which trees are grown primarily for the production of high quality timber products and which meet the following objectives:

(A) Achieve a balance between growth and harvest over time consistent with the harvesting methods within the Rules of the Board.

(B) Maintain Functional Wildlife Habitat in sufficient condition for continued use by the existing wildlife community within the Planning Watershed.

(C) Retain or recruit late and diverse seral stage habitat components for wildlife concentrated in the Watercourse and Lake zones and as appropriate to provide for Functional connectivity between habitats.

(D) Maintain growing stock, genetic diversity, and soil productivity.

(2) Individual THPs shall be considered in the context of the larger forest and Planning Watershed in which they are located, so that biological diversity and watershed integrity are maintained within larger planning units and adverse Cumulative Impacts, including impacts on the quality and Beneficial Uses of water are reduced.

(3) While the responsibility for implementation of the Act and Rules belongs to the Director and the Department, RPFs who prepare Plans have the responsibility to provide the Director with information about the Plan and resource areas and the nature and purpose of the operations proposed which is sufficiently clear and detailed to permit the Director to exercise the discretion and make the determinations required by the Act and Rules. The information in proposed Plans shall also be sufficiently clear and detailed to permit adequate and effective review by responsible agencies and input by the public to assure that significant adverse individual and Cumulative Impacts are avoided or reduced to insignificance.

(c) The Director shall use the standards provided in these Rules when reviewing Plans to determine if they conform to the Rules and regulations of the Board and the provisions of the Act. In specific circumstances provided in these Rules, the Director shall disapprove Plans because they conflict with the intent of the Act as interpreted by the Board.

(d) Due to the variety of individual circumstances of timber harvesting in California and the subsequent inability to adopt site-specific standards and regulations, these Rules use judgmental terms in describing the standards that will apply in certain situations. By necessity, the RPF shall exercise professional judgment in applying these judgmental terms and in determining which of a range of Feasible (see definition 14 CCR 895.1) Silvicultural Systems, operating methods and procedures contained in the Rules shall be proposed in the Plan to substantially lessen significant adverse impacts on the environment from timber harvesting. The Director also shall exercise professional judgment in applying these judgmental terms in determining whether a particular Plan complies with the Rules adopted by the Board and, accordingly, whether he or she should approve or disapprove a Plan. The Director shall use these Rules to identify the nature of and the limits to the professional judgment to be exercised by him or her administering these Rules.

(e) Based upon site-specific conditions where, in the judgment of the RPF, the application of Rules pertaining to how a Timber Operation will be conducted will not achieve the intent of the Act and Rules, and where the RPF can describe a practice(s) which will meet or exceed the intent of the Act and Rules, the RPF may prescribe an alternative practice(s) in lieu of those in the Rules. The practice(s) shall:

(1) be explained and justified by clear and convincing evidence in the Plan;

(2) be written so they provide clear instructions and enforceable standards for the Timber Operator;

(3) provide a result(s) at least equal to that of the rule(s) to be supplanted; and

(4) provide that, where appropriate for the alternative practice, the Plan submitter is responsible for retaining an RPF to aid in interpreting the THP to the Timber Operator and Timberland owner on a continuing basis to help assure compliance with the alternative.

(f) No alternative practice(s) as described in this section may be prescribed by an RPF or approved by the Director under this section in lieu of the following Rules:

(1) the Rules contained in Subchapter 2 (Application of Forest Practice Rules); Article 2 (Definitions, Ratings, and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 4 (Coast Forest District Rules); Article 2 (Definitions, Ratings, and Standards) of Subchapter 5 (Northern Forest District Rules); Article 2 (Definitions, Ratings, and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 6 (Southern Forest District Rules); and Subchapter 7 (Administration) of Chapter 4, Division 1.5 of the California Code of Regulations; or

(2) any rule pertaining to the width of the Special Treatment Area adjacent to a wild and scenic river declared pursuant to PRC § 5093.50, et seq.; or

(3) any Rules or parts of Rules that incorporate practices or standards specified in the Forest Practice Act.

(g) No alternative practices as described in this section can be used in counties which have had Rules adopted under § 4516.5 of the Public Resources Code unless it is specifically adopted for the county.

(h) The Director shall not accept for inclusion in a THP any alternative practice as described in this section where two or more agencies listed in § 4582.6 of the PRC and 14 CCR § 1037.3 have submitted written comments which lead the Director to the conclusion that the proposed alternative will not meet the intent of the Act and Rules, and the agencies participated in the review of the Plan, including any on-the-ground inspection.

Notes

Cal. Code Regs. Tit. 14, § 897

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
3. New subsection (d) filed 12-4-85; effective thirtieth day thereafter (Register 85, No. 49).
4. Amendment of subsection (a) and NOTE filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
5. New subsections (b)(1)-(3) and subsection relettering filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 3-25-92 by operation of Government Code section 11346.1(f) (Register 92, No. 26).
7. New subsections (b)-(b)(3) and subsection relettering filed 4-2-92; operative 5-2-92 (Register 92, No. 26).
8. Editorial correction restoring inadvertently omitted subsections (c)-(h), amending HISTORY 6 and adding HISTORY 7 (Register 94, No. 29).
9. Amendment of subsections (a) and (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
10. Amendment of subsections (b)(3), (e)(1)-(3), (f)(1) and (h) filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).
11. Change without regulatory effect amending section filed 7-26-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 30).

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 4582.75, Public Resources Code; Sections 51101, 51102 and 51115.1, Government Code; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
3. New subsection (d) filed 12-4-85; effective thirtieth day thereafter (Register 85, No. 49).
4. Amendment of subsection (a) and Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
5. New subsections (b)(1)-(3) and subsection relettering filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 3-25-92 by operation of Government Code section 11346.1(f) (Register 92, No. 26).
7. New subsections (b)-(b)(3) and subsection relettering filed 4-2-92; operative 5-2-92 (Register 92, No. 26).
8. Editorial correction restoring inadvertently omitted subsections (c)-(h), amending History 6 and adding History 7 (Register 94, No. 29).
9. Amendment of subsections (a) and (d) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
10. Amendment of subsections (b)(3), (e)(1)-(3), (f)(1) and (h) filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).
11. Change without regulatory effect amending section filed 7-26-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 30).