Cal. Code Regs. Tit. 14, § 936.9 - Protection and Restoration of the Beneficial Functions of the Riparian Zone in Watersheds with Listed Anadromous Salmonids

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In addition to all other Rules, the following requirements shall apply in any watershed with listed anadromous salmonids. Requirements of 14 CCR § 936.9 precede other sections of the FPRs.

Geographic scope -- Requirements for Watersheds with Listed Anadromous Salmonids differ depending on the geographic location of the watershed and geomorphic characteristics of the Watercourse. Unique requirements for Watersheds with Listed Anadromous Salmonids are set forth for 1) Watercourses in the coastal anadromy zone with Confined Channels, 2) Watercourses with Flood Prone Areas or Channel Migration Zones, and 3) Watercourses with Confined Channels located outside the coastal anadromy zone.

Watersheds which do not meet the definition of "Watersheds with Listed Anadromous Salmonids" are not subject to this section except as follows: The provisions of 14 CCR § 936.9, subsections (k)-(q) also apply to Planning Watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids for purposes of reducing significant adverse impacts from transported fine sediment. Projects in other watersheds further upstream that flow into Watersheds with Listed Anadromous Salmonids, not otherwise designated above, may be subject to these provisions based on an assessment consistent with Cumulative Impacts assessment requirements in 14 CCR §§ 898 and 932.9 and Board Technical Rule Addendum No. 2, Cumulative Impacts Assessment. These requirements do not apply to upstream watersheds where permanent dams attenuate the transport of fine sediment to downstream Watercourses with listed anadromous salmonids.

(a) Goal -- Every timber operation shall be planned and conducted to protect, maintain, and contribute to restoration of Properly Functioning Salmonid Habitat and listed salmonid Species. To achieve this goal, every timber operation shall be planned and conducted to:

(1) Comply with the terms of a Total Maximum Daily Load (TMDL).

(2) Prevent significant sediment load increase to a Watercourse system or Lake.

(3) Prevent significant instability of a Watercourse channel or of a Watercourse or Lake bank.

(4) Prevent significant blockage of any aquatic migratory routes for any life stage of anadromous salmonids or Listed Species.

(5) Prevent significant adverse Effects to streamflow.

(6) Consistent with the requirements of 14 CCR § 936.9, subsections (f), (g), (h) and (v), protect, maintain, and restore trees (especially conifers), Snags, or downed large Woody debris that currently, or may in the foreseeable future, provide large Woody debris recruitment needed for instream habitat structure and Fluvial geomorphic functions.

(7) Consistent with the requirements of 14 CCR § 936.9, subsections (f), (g), (h) and (v), protect, maintain, and restore the quality and quantity of vegetative Canopy needed to:

(A) provide shade to the Watercourse or Lake to maintain daily and seasonal water temperatures within the preferred range for anadromous salmonids or Listed Species where they are present or could be restored; and

(B) provide a deciduous vegetation component to the Riparian zone for aquatic nutrient inputs.

(8) Prevent significant increases in peak flows or large flood frequency.

(b) Pre-plan adverse cumulative watershed Effects -- Pre-plan adverse cumulative watershed Effects on the populations and habitat of anadromous salmonids shall be considered. The Plan shall specifically acknowledge or refute that such Effects exist. When the proposed Timber Operations, in combination with any identified pre-plan watershed Effects, will add to significant adverse existing cumulative watershed Effects, the Plan shall set forth measures to effectively reduce such Effects.

(c) Objectives for Timber Operations or silvicultural prescriptions in WLPZs -- Any timber operation or silvicultural prescription within any Watercourse or Lake protection zone shall have protection, maintenance, or restoration of the Beneficial Uses of water, and Properly Functioning Salmonid Habitat and listed aquatic or Riparian-Associated Species as significant objectives. Specific objectives are described below.

(1) Core Zone: The primary objective for this zone is streamside bank protection to promote bank stability, wood recruitment by bank erosion, and Canopy retention. Timber Operations are generally excluded from this zone and limited to actions which meet the objectives stated above or improve salmonid habitat consistent with 14 CCR § 936.9 subsections (a) and (c).

(2) Inner Zone: The primary objective for this zone is to develop a large number of trees for large wood recruitment, to provide additional shading, to develop vertical structural diversity, and to provide a variety of Species (including hardwoods) for nutrient input. This is accomplished through the establishment of high basal area and Canopy retention by retaining or more rapidly growing a sufficient number of large trees. Additional specific objectives include locating large trees retained for wood recruitment nearer to the Core Zone and maintaining or improving salmonid habitat on Flood Prone Areas and CMZs when present. Timber Operations within WLPZs are limited to those actions which meet the objectives stated above or to improve salmonid habitat consistent with 14 CCR § 936.9 subsection (a) and (c).

(3) Outer Zone: The primary objective for this zone is to buffer the Inner and Core Zones and to provide the following functions:

1) wind resistance where windthrow is common or likely to occur,

2) additional wood recruitment,

3) microclimate control in the Inner or Core Zones for purposes other than limiting water temperature change,

4) habitat for terrestrial wildlife Species that depend on Riparian areas, and

5) an additional sediment filter on steeper slopes with high or moderate Erosion Hazard Rating when Tractor Operations are proposed.

(4) Class II Large Watercourses (Class II-L): The primary objective is to maintain, protect or restore the values and functions of Class II-L type Watercourses described below. Class II-L Watercourses can have greater individual Effects on receiving Class I Watercourse temperature, sediment, nutrient, and lame wood loading than Class II standard (Class II-S) Watercourses due to larger channel size, greater magnitude and duration of flow, and overall increased transport capacity for watershed products. Other objectives stated in 14 CCR § 936.9 subsections (c)(1) and (2) above for the Core Zone and Inner Zone are also desired objectives for Class II-L type Watercourses.

(5) A primary objective for all WLPZs is to implement practices to maintain, protect and contribute to restoration of Properly Functioning Salmonid Habitat and repair conditions detrimental to the Species or Species habitat. Practices to meet this objective include, but are not limited to, thinning for increased conifer growth; felling or Yarding trees for wood placement in the channel; restoration of conifer deficient areas; management to promote a mix of conifers and hardwoods; Abandonment and upgrading of non-functioning or high risk roads, Watercourse crossings, Tractor Roads, and Landings; and fuel hazard reduction activities that will reduce fire hazards and stand replacing wildfires which would result in significant adverse Effects to salmonid Species or Riparian habitat.

(d) Measures to Offset Adverse Watershed Effects --

(1) The Plan shall fully describe:

(A) the type and location of each measure needed to fully offset sediment loading, thermal loading, and potential significant adverse watershed Effects from the proposed Timber Operations, and

(B) the Person(s) responsible for the implementation of each measure, if other than the Timber Operator.

(2) In proposing, reviewing, and approving such measures, preference shall be given to the following:

(A) measures that are both onsite (i.e., on or near the Plan area) and in-kind (i.e., erosion control measures where sediment is the problem), and

(B) sites that are located to maximize the benefits to the impacted portion of a Watercourse or Lake. Out-of-kind measures (i.e., improving shade where sediment is the problem) shall not be approved as meeting the requirements of this subsection.

(e) Channel Zone requirements --

(1) There shall be no Timber Operations within the Channel Zone with the following exceptions:

(A) Actions directed to improve salmonid habitat with review and concurrence by CDFW.

(B) Actions necessary for the construction, reconstruction, removal, or Abandonment of approved Watercourse crossings.

(C) Actions necessary for the protection of public health, safety and general welfare. This includes actions necessary to protect infrastructure facilities including, but not limited to, roads, bridges, powerlines, utilities, water drafting structures, homes, and other Approved and Legally Permitted Structures.

(D) Actions to allow for full suspension Cable Yarding when necessary to transport logs through the Channel Zone.

(E) Class III Watercourses consistent with 14 CCR § 936.9 subsection (h)(7).

(F) Actions reviewed by the RWQCB which seek to correct or remediate adverse impacts to the Beneficial Uses of water.

(2) In all instances where trees are proposed to be felled within the Channel Zone, a base mark shall be placed below the cut line of the harvest trees within the zone. Such Marking shall be completed by the RPF that prepared the Plan, or a Supervised Designee, prior to the preharvest inspection.

(f) Class I Watercourses --

(1) For Class I Watercourses, where fish are always or seasonally present or where fish habitat is restorable, any Plan involving Timber Operations within the WLPZ shall contain the following information:

(A) Clear and enforceable specifications of Timber Operations within the Class I WLPZ, including a description of how any disturbance, or log or tree cutting and removal shall be carried out to conform with 14 CCR §§ 936.2, subsection (a) and 936.9, subsection (a).

(B) Documentation of how proposed harvesting in the WLPZ contributes to the objectives of each zone stated in 14 CCR § 936.9, subsection (c) and other goals in 14 CCR § 936.9, subsection (a)(1)-(8). Documentation shall include the examinations, analysis, and other requirements listed in 14 CCR § 936.4, subsection (a).

(2) Class I Watercourses with Confined Channels in Watersheds in the Coastal Anadromy Zone: The following are the minimum requirements for WLPZ delineation and Timber Operations in Class I WLPZs in Watersheds in the coastal anadromy zone where Confined Channels are present. WLPZ width ranges from 100-150 feet slope distance, depending on the Silvicultural System applied above the WLPZ. Three Zones are established within the WLPZs: The Core Zone is nearest to the water, the Inner Zone is the middle zone contiguous to the Core Zone, and the Outer Zone is furthest from the water and contiguous to the Inner Zone. Graphic depictions of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 4. Table 1 specifies the enforceable standards to be used for protection of Class I Watercourses for the area included in the coastal anadromy zone:

(A) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the Watercourse Transition Line or Lake Transition Line. No Timber Operations are permitted in this zone except for those listed in 14 CCR § 936.9, subsection (e)(1) (A)-(F), or those approved pursuant to 14 CCR § 936.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR § 936.9, subsections (s), (t), and (u).

(B) Inner Zone: The minimum width of the Inner zone shall be 70 feet measured from the landward edge of Core Zone. Timber Operations are permitted in this zone when conducted to meet the goals of this section, objectives for the Inner Zone in 14 CCR § 936.9, subsection (c)(2), pursuant to 14 CCR § 936.9, subsections (e)(1)(A)-(F), or pursuant to 14 CCR § 936.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest Project area shall be increased in the postharvest stand.

2. Sanitation-Salvage is prohibited except as provided in 14 CCR § 936.9, subsections (s), (t), and (u).

3. Postharvest stand shall have a minimum 80% Overstory Canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% Overstory Canopy cover in the Northern Forest District of the coastal anadromy zone. The postharvest Canopy may be composed of both conifers and hardwood Species and shall have at least 25% Overstory conifer Canopy.

4. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones.

5. Large trees retained to meet 14 CCR § 936.9, subsections (f)(2)(B)(1.) and (3.) above that are the most conducive to recruitment to provide for the Beneficial Functions of Riparian Zones (e.g., trees that lean towards the channel, have an unimpeded fall path toward the Watercourse, are in an advanced state of decay, are located on Unstable Areas or downslope of such an Unstable Areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.

(C) Outer Zone: The minimum width of the Outer Zone shall be 50 feet measured from the landward edge of Inner Zone. This zone is required where evenaged Regeneration Methods, Seed Tree removal, shelterwood removal, Alternative Prescriptions declared under 14 CCR § 933.6, subsection (b)(3) as most related to any evenaged Silvicultural System, variable retention or rehabilitation of understocked areas will be utilized contiguous to the Watercourse and Lake protection zone. Timber Operations are permitted in this zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR § 936.9, subsection (c)(3), and (5), pursuant to 14 CCR § 936.9, subsection (e)(1)(A)-(F), or pursuant to 14 CCR § 936.9, subsection (v). Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

1. Postharvest stand shall have a minimum 50% Overstory Canopy cover. The postharvest Canopy may be composed of both conifers and hardwood Species and shall have at least 25% Overstory conifer Canopy.

2. Priority shall be given to retain wind firm trees.

(D) Preferred Management Practices in the Inner and Outer Zones: When Timber Operations are considered pursuant to 14 CCR §§ 936.3, subsection (c) and 936.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director:

1. Preflagging or Marking of any skid trails before the preharvest inspection;

2. Heavy equipment should be limited to slopes less than 35% with low or moderate EHRs;

3. Use feller bunchers or hydraulic heel boom loaders which do not drag/skid logs through the zone;

4. Minimize turning of heavy equipment which would result in increased depth of ground surface depressions; and

5. Use mechanized harvesting equipment which delimb harvested trees on pathway over which heavy equipment would travel.

(E) Additional Special Operating Zone: For situations contiguous to the Outer Zone where evenaged Regeneration Methods, Seed Tree removal step, shelterwood removal step, Alternative Prescriptions declared under 14 CCR § 933.6, subsection (b)(3) as most related to any evenaged Silvicultural System, variable retention or rehabilitation of understocked areas with the same effect as a clearcut is used, slopes are greater than 50%, and the Outer Zone is located on any north aspect, the RPF shall consider the need for a special operating zone for purposes of shading the Watercourse from direct low angle solar radiation from beneath the Overstory Canopy that is expected to have a potential significant adverse impact on water temperature. When the special operating zone is needed, the special operating zone shall retain Understory and mid-canopy conifers and hardwoods. These trees shall be protected during falling, Yarding and Site Preparation to the extent Feasible. Width of the zone shall be 50 feet measured from the landward edge of the Outer Zone.

Table 1: Procedure for Determining WLPZ Widths and Protective Measures Class I WLPZs -- Confined Channels -- Coastal Anadromy Zone

Pursuant to 14 CCR 936.9(f)(2)
Zone Designation	Zone width	Overstory Canopy Cover		Large Tree	Silviculture	Operational
	(ft.)			Retention	Requirements	Requirement
Channel Zone	Variable	Retain all trees except per 936.9(e)(1) A-F or 936.9(v)		Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	No timber operations except per 936.9(e)(1)A-F or 936.9(v);
Core Zone per 936.9(f)(2)(A)	30 ft.	Retain all trees except per 936.9(e)(l)A-F or 936.9(v)		Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	Retain all trees except per 936.9(e)(1) A-F or 936.9(v); no sanitation salvage except 916.9(s)(t) and (u).	No timber operations except per 936.9(e)(1) A-F or 936.9(v);
Inner Zone per 936.9(f)(2)(B)	70 ft.	80% Coast and Southern Forest District of Coastal Anadromy Zone per 936.9(f)(2)(B)3.	70% in Northern Forest District of Coastal Anadromy Zone per 936.9(f)(2)(B)3.	13 largest trees/ac. per 936.9(f)(2)(B)4.	Increase QMD; No sanitation salvage except 916.9(s)(t) and (u); commercial thinning or single tree selection only.	Preferred Management Practices in 936.9(f)(2)(D)
Outer Zone per 936.9(f)(2)(C)	50 ft.	50%		NA	Commercial thinning or single tree selection only; Retain wind firm trees.	Preferred Management Practices in 936.9(f)(2)(D)

Outer Zone applicable only where even-aged regeneration used adjacent to the WLPZ		per 936.9(f)(2)(C).1.
Special Operating Zone per 936.9(f)(2)(E)	50 ft.	NA		NA	SOZ applicable only where even-aged regeneration used adjacent to the WLPZ. Retain understory and midstory trees per 936.9(f)(2)(E)	All other Forest Practice Rules

Figure 4: Graphic of profile view of Class I WLPZ with Confined Channels in Watersheds in the Coastal Anadromy Zone (not to scale)

Click here to view image

Outer Zone:

50 ft. Outer Zone required only when even-aged Silvicultural System contiguous to WLPZ

Modified commercial thinning or single tree selection

50% overstory Canopy (OSC)

Inner Zone:

Modified commercial thinning or single tree selection

Increase QMD

No Sanitation Salvage

Retain 80% OSC in the Coast and Southern Forest Districts of the coastal anadromy zone and 70% OSC in the Northern Forest District of the coastal anadromy zone

Retain 13 largest trees/ac.

(3) Class I Watercourses with Flood Prone Areas or Channel Migration Zones: The following are the minimum requirements for WLPZ delineation and Timber Operations in Class I WLPZs in locations where Flood Prone Areas and/or CMZs are present. WLPZ widths vary depending on the extent of the Flood Prone Area and Silvicultural System applied contiguous to the WLPZ.

There are up to 5 zones established within the WLPZ: The CMZ (when present), the Core Zone is the portion of the Flood Prone Area nearest the water (and contiguous to the CMZ when present), the Inner Zone A is contiguous to the Core Zone, the Inner Zone B is contiguous to Inner Zone A and extends to the landward edge of the Flood Prone Area, and the Outer Zone is hillslope area and is contiguous to the Inner Zone B and landward perimeter of the Flood Prone Area. Table 2 specifies the enforceable standards to be used for protection of Class I Watercourses with Flood Prone Area or Channel Migration Zones. The zones and the abbreviated descriptions of the silvicultural prescriptions, and operational requirements are shown in Figure 5.

(A) Channel Migration Zone: When a CMZ is present, no Timber Operations are permitted in this zone except for those listed in § 936.9, subsection (e)(1)(A)-(F), or pursuant to 14 CCR § 936.9, subsection (v).

(B) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the Watercourse Transition Line or Lake Transition Line. No Timber Operations are permitted in this zone except for those listed in 14 CCR § 936.9, subsection (e)(1) (A)-(F), or those approved pursuant to 14 CCR § 936.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR § 936.9, subsections (s), (t), and (u).

(C) Inner Zone A: The Inner Zone A generally encompasses the portion of the Flood Prone Area from 30 feet beyond the WTL (Core Zone perimeter) up to 150 feet from the WTL. The minimum width of the Inner Zone A shall be the greater of the distance from the landward edge of the Core Zone to the landward edge of the Inner Zone A or 70 feet. The maximum width is 120 feet. Timber Operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR § 936.9, subsection (c)(2), pursuant to 14 CCR § 936.9, subsections (e)(1) (A)-(F) or pursuant to 14 CCR § 936.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest Project area shall be increased in the postharvest stand.

2. Sanitation-Salvage is prohibited except as provided in 14 CCR § 936.9, subsections (s), (t), and (u).

3. Postharvest stand shall have a minimum 80% Overstory Canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% Overstory Canopy cover in all other Watersheds with Listed Anadromous Salmonids. The postharvest Canopy may be composed of both conifers and hardwood Species and shall have at least 25% Overstory conifer Canopy.

4. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones.

5. Large trees retained to meet 14 CCR § 936.9, subsections (f)(3)(C)(1.) and (3.) above that are the most conducive to recruitment to provide for the Beneficial Functions of Riparian Zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the Watercourse, are in an advanced state of decay, are located on Unstable Areas or downslope of such an Unstable Areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.

(D) Inner Zone B: The Inner Zone B is applicable when there are very wide Flood Prone Area. The Inner Zone B encompasses the portion of the Flood Prone Area from the landward edge of the Inner Zone A (i.e.150 feet from the WTL) to the landward edge of the Flood Prone Area. The landward edge of the Inner Zone B (i.e. the landward perimeter of the Flood Prone Area) shall be established in accordance with Flood Prone Area definitions in 14 CCR § 895.1. Timber Operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR § 936.9, subsection (c)(2), 14 CCR § 936.9, subsection (e)(A)-(F), or pursuant to 14 CCR § 936.9, subsection (v). Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

1. Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones.

2. Postharvest stand shall have a minimum 50% Overstory Canopy cover. The postharvest Canopy may be composed of both conifers and hardwood Species and shall have at least 25% Overstory conifer Canopy.

(E) Preferred Management Practices in the Inner Zone A and B of Flood Prone Areas. When Timber Operations are considered pursuant to 14 CCR § 936.3, subsection (c) and 936.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director when Timber Operations are conducted in the Inner Zones of the Flood Prone Area.

1. Implement actions to improved salmonid habitat conditions: Implement maintenance and repair actions that contribute to improving undesired existing conditions and contribute to restoring Properly Functioning Salmonid Habitat.

2. Minimize Yarding and Skidding: Skid trails, Yarding corridors, falling activities, and log Yarding, should not alter the natural drainage or flow patterns. EEZ of 30 feet should be applied near side channels and areas of ponding. Very limited, pre-flagged, pre-approved prior to falling skid trails shall be used and abandoned so as to minimize risk of becoming new secondary channels by Flood Flows. Minimize or exclude, to the extent Feasible, tractor Skidding/crossings over, through, or along secondary channels (protection of overflow channels is a key element). Locate Tractor Roads on high ground areas to the greatest extent possible. When Feasible, use feller-bunchers which do not drag/skid logs through the zone, minimize turning of equipment which would result in increased depth of ground surface depressions, and utilize mechanized harvesting equipment which delimbs harvested trees on the pathway over which equipment would travel. Cable Yarding corridors should be located at wide intervals consistent with practices that use lateral Yarding. Full suspension should be used when possible.

3. Minimize Soil Erosion and Prevent Discharge: Design Timber Operations to avoid turbid runoff by treating any ground disturbance greater than 100 square feet. Operations shall be conducted only in dry soil conditions. Avoid disturbance of vegetation not intended for harvest that could increase the likelihood of erosion or damages the reinforcing root network on the channel banks, including any secondary overflow channel. Restore any tracks or trails to an original surface.

4. Avoid Slash Concentration and Site Preparation: Logging Slash shall not be disposed of or concentrated in side channels. When Slash is treated within the Flood Prone Areas, scatter Slash and avoid piling or other Concentrations that may obstruct flows in side channels. When Feasible, concentrate/mulch Slash in Tractor Roads. No Mechanical Site Preparation, Broadcast Burning or pile burning.

5. Delineate Zone on the Ground: Locations of all WLPZ zones and CMZs shall be designated on the ground.

6. Avoid Use of Water Drafting Sites: Water drafting sites shall be located outside Flood Prone Areas when Feasible (exceptions could include, but are not limited to, drafting from an existing Watercourse crossing that is appropriately engineered to facilitate Properly Functioning Salmonid Habitat and those sites designed and permitted pursuant to a waste discharge or steam alteration permits.

7. Avoid Disturbance to Critical Flood Prone Area Habitat: Avoid disturbance of abandoned meanders, oxbow Lakes, or other features that provide off-channel habitat for fish during Flood Flows. Avoid activities that could increase potential for diversion or avulsion of Stream flow out of existing channel, including breaching or lowering the elevation of natural levees. Retain adequate hydraulic roughness provided by trees on the floodplain surface, thereby slowing flood water velocity on floodplains, attenuating peak Flood Flows, and allowing sediment to be deposited. Retain existing deciduous hardwoods preferential to anadromous salmonid Species and down large Woody debris.

(F) Outer Zone: The width of the Outer Zone is 50 feet measured from the landward edge of Inner Zone. This zone is required where evenaged Regeneration Methods, Seed Tree removal, shelterwood removal, Alternative Prescriptions declared under 14 CCR § 933.6, subsection (b)(3) as most related to any evenaged Silvicultural System, variable retention or rehabilitation of understocked areas will be utilized contiguous to the Watercourse and Lake protection zone. Timber Operations are permitted in this zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR § 936.9, subsection (c)(3) and (5), pursuant to 14 CCR § 936.9 subsection (e)(1) (A)-(F), or pursuant to 14 CCR § 936.9, subsection (v). Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

2. Priority shall be given to retain wind firm trees.

Table 2: Procedure for Determining WLPZ Widths and Protective Measures Class I WLPZs -- with Flood Prone Areas or Channel Migration Zones

Pursuant to 14 CCR 936.9(f)(3)
Zone Designation	Zone width	Overstory Canopy Cover		Large Tree	Silviculture	Operational
	(ft.)			Retention	Requirements	Requirement
Channel Zone or Channel Migration Zone per 936.9(f)(3)(A)	Variable	Retain all trees except per 936.9(e)(1)A-F or 936.9(v)		Retain all trees except per 936.9(e)(1)A-F or 936.9(v)	Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	No timber operations except per 936.9(e)(1) A-F or 936.9(v);
Core Zone per 936.9(f)(3)(B)	30 ft.	Retain all trees except per 936.9(e)(1)A-F or 936.9(v)		Retain all trees except per 936.9(e)(1)A-F or 936.9(v)	Retain all trees except per 936.9(e)(1) A-F or 936.9(v); no sanitation salvage except 916.9 (s)(t) and (u).	No timber operations except per 936.9(e)(1)A-F or 936.9(v);
Inner Zone A per 936.9(f)(3)(C)	Minimum 70 ft. Maximum 120 ft.	80% Coast and Southern Forest District of Coastal Anadromy Zone per 936.9(f)(3)(C)3.	70% in all other watersheds per 936.9(f)(3)(C)3.	13 largest trees/ac. per 936.9(f)(3)(C)4.	Increase QMD; No sanitation salvage except 936.9 (s)(t) and (u); commercial thinning or single tree selection only.	Preferred Management Practices in 936.9(f)(3)(E)
Inner Zone B per 936.9(f)(3)(D)	Variable: distance from Inner Zone A to end of FPA.	50%		13 largest trees/ac. per 936.9(f)(3)(D)1.	Increase QMD; No sanitation salvage except 916.9 (s)(t) and (u); commercial thinning or single tree selection only.	Preferred Management Practices in 936.9(f)(3)(E)
Outer Zone per 936.9(f)(3)(F) aged regeneration used adjacent to the WLPZ	50 ft.	50%		NA	Commercial thinning or single tree selection only; Retain wind firm trees.	Preferred Management Practices in 936.9(f)(3)(E)

Figure 5: Graphic of Profile View of Class I WLPZ in Flood Prone Areas and Channel Migration Zones (not to scale)

Click here to view image

Outer Zone:

50 ft. Outer Zone required only when even aged Silvicultural System contiguous to WLPZ

Modified commercial thinning or single tree selection

50% Overstory Canopy (OSC).

Inner Zone B:

Modified commercial thinning or single tree selection

50% Overstory Canopy (OSC)

Retain 13 largest trees/ac.

Inner Zone A:

Modified commercial thinning or single tree selection

Increase QMD

No Sanitation Salvage

Retain 80% OSC in the Coast and Southern Forest Districts of the coastal anadromy zone and 70% OSC in all other watersheds

Retain 13 largest trees/ac.

(4) Class I Watercourses with Confined Channels outside Watersheds in the Coastal Anadromy Zone: The following are the minimum requirements for WLPZ delineation and Timber Operations in Class I WLPZs in locations outside of Watersheds in the coastal anadromy zone where Confined Channels are present. WLPZ width is 100 feet slope distance, with an additional 25 foot ELZ depending on the Silvicultural System applied contiguous to the WLPZ. Three zones are established within the WLPZs: The Core Zone is nearest to the water, the Inner Zone is the middle zone contiguous to the Core Zone, and the Outer Zone is furthest from the water and contiguous to the Inner Zone. Graphic depiction of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 6. Table 3 specifies the enforceable standards to be used for protection of Class I Watercourses for the area outside the coastal anadromy zone:

(A) Core Zone: The minimum width of the Core Zone shall be 30 feet measured from the Watercourse Transition Line or Lake Transition Line. No Timber Operations are permitted in this zone except for those listed in 14 CCR § 936.9, subsection (e)(1)(A)-(F), or those approved pursuant to 14 CCR § 936.9, subsection (v). Sanitation-Salvage is prohibited except as provided in 14 CCR § 936.9, subsections (s), (t), and (u).

(B) Inner Zone: The minimum width of the Inner Zone shall be 40 feet measured from the landward edge of Core Zone. Timber Operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR § 936.9, subsection (c)(2), pursuant to 14 CCR § 936.9, subsections (e)(1) (A)-(F) or pursuant to 14 CCR § 936.9, subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

1. When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest Project area shall be increased in the postharvest stand.

2. Sanitation-Salvage is prohibited except as provided in 14 CCR § 936.9, subsections (s), (t), and (u).

3. Postharvest stand shall have a minimum 70% Overstory Canopy cover. The postharvest Canopy may be composed of both conifers and hardwood Species and shall have at least 25% Overstory conifer Canopy.

4. Postharvest stand shall retain the 7 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones.

5. Large trees retained to meet 14 CCR § 936.9, subsections (f)(4)(B)(1.) and (3.) above that are the most conducive to recruitment to provide for the Beneficial Functions of Riparian Zones (e.g., trees that lean towards the channel, have an unimpeded fall path toward the Watercourse, are in an advanced state of decay, are located on Unstable Areas or downslope of such an Unstable Areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.

(C) Outer Zone: The minimum width of the Outer Zone shall be 30 feet measured from the landward edge of Inner Zone. When evenaged Regeneration Methods, Seed Tree removal, shelterwood removal, Alternative Prescriptions declared under 14 CCR § 933.6, subsection (b)(3) as most related to any evenaged Silvicultural System, variable retention, or rehabilitation will be utilized contiguous to Watercourse and Lake protection zones, an additional 25 foot ELZ is required contiguous to the Outer Zone.

Timber Operations are permitted in the Outer Zone when conducted to meet the goals of this section, including those for the Outer Zone in 14 CCR § 936.9, subsection (c)(3) and (5) pursuant to 14 CCR § 936.9, subsection (e)(1) (A)-(F), or pursuant to 14 CCR § 936.9, subsection (v). Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

2. Priority shall be given to retain wind firm trees.

(D) Preferred Management Practices in the Inner and Outer Zone: When Timber Operations are considered pursuant to 14 CCR §§ 936.3, subsection (c) and 916.4, subsection (d), the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director:

1. Preflagging or Marking of any skid trails before the preharvest inspection;

2. Heavy equipment should be limited to slopes less than 35% with low or moderate EHRs;

3. Use feller bunchers or hydraulic heel boom loaders which do not drag/skid logs through the zone;

4. Minimize turning of heavy equipment which would result in increased depth of ground surface depressions; and

5. Use mechanized harvesting equipment which delimb harvested trees on pathway over which heavy equipment would travel.

Table 3: Procedure for Determining WLPZ Widths and Protective Measures Class I WLPZs -- Confined Channels -- Outside the Coastal Anadromy Zone

Pursuant to 14 CCR 936.9(f)(4)
Zone Designation	Zone width	Overstory Canopy Cover	Large Tree	Silviculture	Operational
	(ft.)		Retention	Requirements	Requirements
Channel Zone	Variable	Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	No timber operations except per 936.9(e)(1) A-F or 936.9(v);
Core Zone per 936.9(f)(4)(A)	30 ft.	Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	Retain all trees except per 936.9(e)(1) A-F or 936.9(v)	Retain all trees except per 936.9(e)(1) A-F or 936.9(v); no sanitation salvage except 916.9(s)(t) and (u).	No timber operations except per 936.9(e)(1) A-F or 916.9(v);
Inner Zone per 936.9(f)(4)(B)	40 ft.	70% per 936.9(f)(4)(B)3.	7 largest trees/ac. per 936.9(f)(4)(B)4.	Increase QMD; No sanitation salvage except 916.9(s)(t) and (u); commercial thinning or single tree selection only.	Preferred Management Practices in 936.9(f)(4)(D)
Outer Zone per 936.9(f)(4)(C)1.	30 ft.	50% per 936.9(f)(4)(C).1.	NA	Commercial thinning or single tree selection only; Retain wind firm trees.	Preferred Management Practices in 936.9(f)(4)(D)
ELZ Applicable only where even-aged regeneration used adjacent to the WLPZ	25 ft.	NA	NA	All other Forest Practice Rules	All other Forest Practice Rules

Figure 6: Graphic of profile view of Class I WLPZ with Confined Channels outside Watersheds in the Coastal Anadromy Zone (not to scale)

Click here to view image

Outer Zone:

Modified commercial thinning or single tree selection

50% Overstory Canopy (OSC)

Inner Zone:

Modified commercial thinning or single tree selection

Increase QMD

No Sanitation Salvage

70% OSC

Retain 7 largest trees/ac.

(g) Class II Watercourses --

The following are the minimum requirements for Class II WLPZ delineation and Timber Operations. Differing Rules are specified for Watersheds in the Coastal Anadromy Zone, the Southern Subdistrict of the Coast Forest District, and areas outside the coastal andromy zone. WLPZ width ranges from 50 to 100 feet slope distance, depending on side slope steepness in the WLPZ and the Watercourse type. Additional site-specific measures may be incorporated into the Plan as necessary to protect Beneficial Uses of water relative to Riparian function pursuant to 14 CCR §§ 936.2(c), 936.4(a)(1), and 936.9(b).

(1) Determine the Class II Watercourse Type: Class II Watercourses are composed of two types--Class II-S (standard) Watercourses and Class II-L (large) Watercourses. Class II-S Watercourses are those classified as Class II Watercourses pursuant to 14 CCR § 936.5, but do not possess the characteristics of a Class II-L Watercourse.

(A) A Class II-L Watercourse is defined as a Class II Watercourse having a contributing drainage area of >= 100 acres in the Coast Forest District, or >= 150 acres for the Northern and Southern Forest Districts, as measured from the confluence of the receiving Class I Watercourse.

(B) All Class II-L Watercourses shall incorporate requirements stated in 14 CCR § 936.9, subsection (g)(2) for a distance of one-thousand feet (1,000 ft.), or total length of Class II, whichever is less, as measured from the confluence with a Class I Watercourse. The RPF shall include the mapped location of Class II-L Watercourse segments receiving protections pursuant to 14 CCR § 936.9, subsection (g)(2) in the Plan area. Where such Class II-L Watercourses branch prior to the end of the one-thousand foot (1,000 ft.) protection distance, the branch that meets or exceeds the drainage area standards of 14 CCR § 936.9, subsection (g)(1)(A) shall receive the remainder of the one-thousand foot (1,000 ft.) protection distance. If two or more branches meet or exceed the drainage area standards of 14 CCR § 936.9, subsection (g)(1)(A)1., then the remainder of the one-thousand foot (1,000 ft.) protection distance shall be applied to all branches exceeding the standard. If no individual branch exceeds the drainage area standards of 14 CCR § 936.9, subsection (g)(1)(A)1., then the single branch with the largest drainage area shall receive the remainder of the one-thousand foot (1,000 ft.) protection distance.

(2) Class II WLPZ Widths and Operational Requirements: All Class II WLPZs shall be composed of two zones regardless of the Watercourse type: a Core Zone and an Inner Zone. The Core Zone is nearest to the water, the Inner Zone is contiguous to the Core Zone and is furthest from the water. The width of the Core and Inner Zones vary depending on the following three factors:

(i) side slope steepness in the WLPZ,

(ii) whether the Watercourse is a Class II-S or Class II-L Watercourse type, and

(iii) whether the Watercourse is within a watershed in the coastal anadromy zone or outside the coastal anadromy zone. Graphic depictions of zones and the abbreviated descriptions of the silvicultural prescriptions and operational requirements are shown in Figure 7.

(A) Core Zone: The width of Core zone varies from 10 feet to 30 feet measured from the Watercourse or Lake Transition Line. When established, no Timber Operations are permitted in this zone except for those listed in 14 CCR § 936.9, subsection (e)(1)(A)-(F), or practices approved pursuant to 14 CCR § 936.9, subsection (v). Sanitation-Salvage is prohibited except as provided in § 936.9, subsections (s), (t), and (u). Table 4. summarizes the minimum width for the Core Zone.

(B) Inner Zone: The widths of the Inner Zone vary from 35 feet to 90 feet and shall be measured from the landward edge of Core Zone or WTL, whichever is greater. Timber Operations are permitted in this zone when conducted to meet the goals of this section, including those for the Inner Zone in 14 CCR § 936.9, subsections (c)(2) and (4), pursuant to 14 CCR § 936.9, subsections (e)(1)(A)-(F) or pursuant to 14 CCR § 936.9 subsection (v). Harvesting prescriptions should focus on practices that use thinning from below. Inner Zone widths are summarized in Table 4.

1. Class II-S Watercourses: Any Class II-S Watercourses shall receive protection in conformance with 14 CCR §§ 936 through 936.7 in addition to the requirements listed under 14 CCR §§ 936.9(g)(2)(A) and (B).

2. Class II-L Watercourses in the coastal anadromy zone: Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

(i) When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest Project area shall be increased in the postharvest stand.

(ii) Sanitation-Salvage is prohibited except as provided in 14 CCR § 936.9, subsections (s), (t) and (u).

(iii) Postharvest stand shall have a minimum 80% Overstory Canopy cover in the Coast and Southern Forest Districts of the coastal anadromy zone and a minimum 70% Overstory Canopy cover in the Northern Forest District of the coastal anadromy zone. The postharvest Canopy may be composed of both conifers and hardwood Species and shall have at least 25% Overstory conifer Canopy.

(iv) Postharvest stand shall retain the 13 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones.

(v) Large trees retained to meet 14 CCR § 936.9, subsections (g)(2)(B)2.(i) and (iii) above that are the most conducive to recruitment to provide for the Beneficial Functions of Riparian Zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the Watercourse, are in an advanced state of decay, are located on Unstable Areas or downslope of such Unstable Areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.

3. Class II-L Watercourses outside Watersheds in the Coastal Anadromy Zone: Silvicultural Systems for harvesting are limited to the use of commercial thinning or single tree selection modified to meet the following requirements:

(i) When commercial thinning is used, the QMD of conifer trees greater than 8 inches dbh in the preharvest Project area shall be increased in the postharvest stand.

(ii) Sanitation-Salvage is prohibited except as provided in 14 CCR § 936.9, subsections (s), (t), and (u).

(iii) Postharvest stand shall have a minimum 70% Overstory Canopy cover. The postharvest Canopy may be composed of both conifers and hardwood Species and shall have at least 25% Overstory conifer Canopy.

(iv) Postharvest stand shall retain the 7 largest conifer trees (live or dead) on each acre of the area that encompasses the Core and Inner Zones.

(v) Large trees retained to meet 14 CCR § 936.9, subsections (g)(2)(B)3.(i) and (iii) above that are the most conducive to recruitment to provide for the Beneficial Functions of Riparian Zones (e.g. trees that lean towards the channel, have an unimpeded fall path toward the Watercourse, are in an advanced state of decay, are located on Unstable Areas or downslope of such an Unstable Areas, or have undermined roots) are to be given priority to be retained as future recruitment trees.

Table 4. Core and Inner Zone widths.

Water Class	Class II-S (feet)				Class II-L (feet)
Geographic	Watersheds		Watersheds		Watersheds		Watersheds
location	in the coastal anadromy zone		outside the coastal anadromy zone		in the coastal anadromy zone		outside the coastal anadromy zone
Slope class	Core Zone (feet)	Inner Zone (feet)	Core Zone (feet)	Inner Zone (feet)	Core Zone (feet)	Inner Zone (feet)	Core Zone (feet)	Inner Zone (feet)
[LESS THAN EQUAL TO]30%	15	35	10	40	30	70	20	80
30-50%	15	60	10	65	30	70	20	80
>50%	15	85	10	90	30	70	20	80

(3) Class II Watercourses in the Southern Subdistrict of the Coast Forest District

In addition to all other Forest Practice Rules applicable to timber harvesting within the Southern Subdistrict of the Coast Forest District, the following Rules apply within a Class II WLPZ. These requirements supersede any other requirements for Class II Watercourses contained in 14 CCR § 916.9(g).

(A) Retain all trees within the Class II WLPZ that meet the following criteria:

1. all trees located within the Channel Zone;

2. all trees that have boles that overlap the edge of the Channel Zone; and

3. all trees with live roots permeating the bank or providing channel grade control, with the following exception:

(i) 1/3 of the stems of redwoods with live roots permeating the bank or providing channel grade control may be harvested.

(B) Where sufficient spacing exists prior to harvesting, retained redwood trees greater than or equal to 12 inches dbh shall not be spaced more than 25 feet apart.

(C) A minimum of 80% Overstory Canopy shall be maintained within the Channel Zone. If 80% Overstory Canopy is not present within the Channel Zone, the existing Overstory Canopy within the channel shall not be reduced.

(D) No more than 1/3 of the conifers 18" dbh or larger may be harvested.

Figure 7: Graphic of profile view of WLPZs for Class II Watercourses (excluding the Southern Subdistrict) (not to scale)

Click here to view image

(h) Class III Watercourses --

The following are the minimum requirements for Timber Operations in Class III Watercourses, unless explained and justified in the Plan and approved by the Director.

(1) Establish a 30 foot wide ELZ on both sides of the Watercourse for slopes less than 30% and an additional 20 foot ELZ where sideslopes are >30%. The ELZ is measured from the WTL. Within the ELZ:

(A) no new construction of Tractor Roads permitted;

(B) no ground based equipment on slopes >50%; and

(C) ground-based operations are limited to existing stable Tractor Roads that show no visible evidence of sediment deposition being transported into the adjacent Watercourse or to the use of feller-bunchers or shovel Yarding.

(2) Retain all Pre-Existing Large Wood on the ground within the ELZ that is stabilizing sediment and is necessary to prevent potential discharge into the Watercourse.

(3) Retain all pre-existing down wood and debris in the Channel Zone.

(4) Retain hardwoods, where Feasible, within the ELZ.

(5) Retain all Snags (except as required for safety) within the ELZ.

(6) Retain all Countable Trees needed to achieve Resource Conservation Standards in 14 CCR § 932.7 within the ELZ.

(7) Retain all trees in the ELZ and Channel Zone which show visible indicators of providing bank or bed stability, excluding sprouting conifers that do not have boles overlapping the Channel Zone. Visible indicators of stability include roots that permeate the bank or provide channel grade control.

(8) Exceptions pursuant to 14 CCR § 936.9, subsections (e)(1)(A)-(F) are permitted in any ELZ and Channel Zone.

(i) Section reserved for future use.

(j) Inner Gorge -- Where an Inner Gorge extends beyond a Class I WLPZ and slopes are greater than 55%, a special management zone shall be established where the use of evenaged Regeneration Methods is prohibited. This zone shall extend upslope to the first major break-in-slope to less than 55% for a distance of 100 feet or more, or 300 feet as measured from the Watercourse or Lake Transition Line, whichever is less. All operations on slopes exceeding 65% within an Inner Gorge of a Class I or II Watercourse shall be reviewed by a Professional Geologist prior to Plan approval, regardless of whether they are proposed within a WLPZ or outside of a WLPZ.

(k) Year-round tractor road use limitations --

(1) Tractor Roads shall not be used when operations may result in Significant Sediment Discharge.

(l) Extended Wet Weather Period -- No Timber Operations shall take place unless the approved Plan incorporates a complete Winter Period operating Plan pursuant to 14 CCR § 934.7, subsection (b).

(1) Unless the Winter Period operating Plan proposes operations during an Extended Wet Weather Period with low antecedent soil wetness, no Tractor Roads shall be constructed, Reconstructed, or used on slopes that are over 40% and within 200 feet of a Class I, II, or III Watercourse, as measured from the Watercourse or Lake Transition Line.

(m) Tractor Road Drainage Facility Installation -- All Tractor Roads shall have drainage and/or drainage collection and storage facilities installed as soon as practical following Yarding and prior to either (1) the start of any rain which causes overland flow across or along the disturbed surface within a WLPZ or within any ELZ or EEZ designated for Watercourse or Lake protection, or (2) any day with a National Weather Service forecast of a chance of rain of 30% or more, a flash flood warning, or a flash flood watch.

(n) Treatments to stabilize soils -- Within the WLPZ, and within any ELZ or EEZ designated for Watercourse or Lake protection, treatments to stabilize soils, minimize soil erosion, and prevent Significant Sediment Discharge shall be described in the Plan as follows.

(1) Soil stabilization is required for the following areas:

(A) Areas exceeding 100 contiguous square feet where Timber Operations have exposed bare soil.

(B) Approaches to tractor road Watercourse crossings between the Drainage Facilities closest to the crossing.

(C) Any other area of disturbed soil that threatens to discharge sediment into waters in amounts that would result in a Significant Sediment Discharge.

(2) Soil stabilization treatment measures may include, but need not be limited to, removal, armoring with Rip-rap, replanting, mulching, seeding, installing commercial erosion control devices to manufacturer's specifications, or chemical soil stabilizers.

(3) Where straw or Slash mulch is used, the minimum straw coverage shall be 90%, and any treated area that has been reused or has less than 90% Surface Cover shall be treated again by the end of Timber Operations.

(4) Where Slash mulch is packed into the ground surface through the use of a tractor or equivalent piece of heavy equipment the minimum Slash coverage shall be 75%.

(5) For areas disturbed from May 1 to October 15, treatment shall be completed prior to the start of any rain that causes overland flow across or along the disturbed surface that could deliver sediment into a Watercourse or Lake in quantities deleterious to the Beneficial Uses of water.

(6) For areas disturbed from October 15 to May 1, treatment shall be completed prior to any day for which a chance of rain of 30% or greater is forecast by the National Weather Service or within 10 days, whichever is earlier.

(7) Where the natural ability of ground cover is inadequate to protect Beneficial Uses of water by minimizing soil erosion or by filtering sediment, the Plan shall specify protection measures to retain and improve the natural ability of the ground cover to filter sediment and minimize soil erosion.

(o) [Section reserved for future use.]

(p) [Section reserved for future use.]

(q) Site Preparation -- Site Preparation activities shall be designed to prevent soil disturbance within, and minimize soil movement into, the channels of Watercourses. Prior to any Broadcast Burning for Site Preparation, burning prescriptions shall be designed to prevent loss of large Woody debris in Watercourses, and vegetation and duff within a WLPZ, or within any ELZ or EEZ designated for Watercourse or Lake protection. No ignition is to occur within any WLPZ, or within any ELZ or EEZ designated for Watercourse or Lake protection. When burning prescriptions are proposed, the measures or burning restrictions which are intended to accomplish this goal shall be stated in the Plan and included in any required burning permit. This information shall be provided in addition to the information required under 14 CCR § 936.4.

(r) [Section reserved for future use.]

(s) Exemption notices -- No Timber Operations are allowed in a WLPZ, or within any ELZ or EEZ designated for Watercourse or Lake protection, under exemption notices except for:

(1) Hauling on existing roads.

(2) Road Maintenance.

(3) Operations conducted for public safety.

(4) Construction or reconstruction of approved Watercourse crossings.

(5) Temporary crossings of dry Class III Watercourses that do not require notification under the Fish and Game Code § 1600 et seq.

(6) Harvesting recommended in writing by CDFW to address specifically identified forest conditions.

(t) Emergency notices -- No Timber Operations are allowed in a WLPZ, or within any ELZ or EEZ designated for Watercourse or Lake protection, under emergency notices except for:

(1) Hauling on existing roads.

(2) Road Maintenance.

(3) Operations conducted for public safety.

(4) Construction or reconstruction of approved Watercourse crossings.

(5) Temporary crossings of dry Class III Watercourses that do not require notification under the Fish and Game Code § 1600 et seq.

(6) Harvesting recommended in writing by CDFW to address specifically identified forest conditions.

(7) The harvest of dead or dying conifer trees subject to the following conditions:

(A) Retention of all trees in the core zone of Class I and Class II-L Watercourses.

(B) Within any WLPZ, ELZ, or EEZ designated for Class II or III Watercourse protection, a minimum of two dead, dying, or diseased conifer trees per acre at least sixteen (16) inches d.b.h. and fifty (50) feet tall shall be retained within fifty (50) feet of the Watercourse Transition Line.

(C) Trees to be harvested or retained shall be marked by, or under the supervision of, an RPF prior to Timber Operations within the WLPZ or ELZ/EEZ.

(D) Within the WLPZ, or ELZ/EEZ, if the Stocking Standards of 14 CCR § 932.7 are not met upon completion of Timber Operations, unless the area meets the definition of Substantially Damaged Timberlands, at least ten (10) trees shall be planted for each tree harvested but need not exceed the point count standards contained in 14 CCR § 932.7(b)(1), as appropriate.

(u) Salvage logging -- No salvage logging is allowed in a WLPZ without an approved HCP, a PTEIR, an SYP, or an approved Plan that contains a section that sets forth objectives, goals, and measurable results for streamside salvage operations.

(1) This section does not apply to emergency operations under 14 CCR § 1052.

(v) Site-specific measures or nonstandard operational provisions --

(1) In consideration of the spatial variability of the forest landscape, the RPF may propose site-specific measures or nonstandard operational provisions in place of any of the provisions contained in this section. Site specific Plans may be submitted when, in the judgment of the RPF, such measures or provisions offer a more effective or more Feasible way of achieving the goals and objectives set forth in 14 CCR § 936.9, subsections (a) and (c), and would result in effects to the Beneficial Functions of Riparian Zones equal to or more favorable than those expected to result from the application of the operational provisions required under 14 CCR § 936.9.

(2) Measures or provisions proposed pursuant to 14 CCR § 936.9, subsections (v) shall only be approved when the Plan incorporates an evaluation of the beneficial functions of the Riparian zone as set forth in subsection (3) below. In the event of measures limited in applicability to specific sites, the submitter may instead of an evaluation, obtain written concurrence from CDFW prior to Plan submittal. RPFs may request a preconsultation for the site-specific Plan and the Director may agree and request staff from responsible agencies.

(3) The evaluation of the beneficial functions of the Riparian zone shall be included in addition to any evaluation required by all other District Forest Practice Rules, may incorporate by reference any such evaluation, and shall include the following components scaled appropriately to the scope of the proposed measure(s) or provision(s) and the beneficial functions potentially affected.

(A) The following are required components of an evaluation conducted pursuant to 14 CCR § 936.9, subsection (v)(3):

1. A description of the evaluation area. If the evaluation area is different than the watershed assessment area described pursuant to Board Technical Rule Addendum No. 2, the RPF shall briefly explain the rationale for establishing the evaluation area.

2. A description of the current condition of the Riparian zone within the evaluation area related to the beneficial functions. The RPF may incorporate by reference any conditions described in the Plan pursuant to 14 CCR § 936.4, subsection (a). The RPF shall use the best available information, at the appropriate scale, to describe the existing vegetation, timber stand characteristics, roads, skid trails, Landings, channel types, Unstable Areas, Flood Prone Areas, and overflow channels.

3. An identification of the beneficial functions that may potentially be affected by the proposed measure(s) or provision(s).

4. An identification of the potential Effects to the beneficial functions, both positive and negative. The RPF may use a reasoned analysis to describe the Effects and may assign ratings of high, moderate and low to those Effects that may individually or cumulatively limit anadromous salmonid distribution and abundance in the watershed.

5. A detailed description of the site-specific measure(s) or nonstandard operational provision(s) proposed. The description should address at a minimum the relationships between the Riparian stand characteristics and ecological functions, the relative importance of the beneficial functions of the Riparian zone to the Watercourse, the cost effectiveness of the measure(s) or provision(s), and the predicted consequences.

6. A schedule for implementing proposed management practices.

7. A Plan for monitoring consistent with 14 CCR § 916.11.

(4) Measures or provisions proposed pursuant to 14 CCR § 936.9, subsections (v) shall only be approved when they meet the following additional standards:

(A) They must be based upon the best available science, and explained and justified in the Plan.

(B) They must identify potential significant adverse impacts that may occur to listed salmonids or the beneficial functions of the Riparian zone as a result of the proposed measure(s) or provision(s).

(C) They must identify Feasible systems, methods, procedures or approaches proposed to avoid or mitigate identified potential significant adverse impacts to a level of insignificance.

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

(E) They must provide that, where appropriate for implementation of the measure(s) or provision(s), the Plan submitter is responsible for retaining an RPF to aid in interpreting the Plan to the Timber Operator and Timberlands owner on a continuing basis to help assure compliance with the measure(s) or provision(s).

(F) They must identify each standard prescription that would be replaced by the measure(s) or provision(s) proposed.

(5) Guidance is provided below for site specific Plans for Flood Prone Areas:

(A) Site-Specific Plans for Watercourses with Flood Prone Areas or Channel Migration Zones: This section is an optional approach to be used at the discretion of the Plan submitter. When used, this section replaces requirements found in 14 CCR § 936.9, subsection (f)(3). The goal of this approach is to allow RPFs to develop a site-specific Plan for salmonid habitat protection on a Flood Prone Area. Site specific Plans are to lead to development of Properly Functioning Salmonid Habitat and can include active management to restore the Beneficial Uses of the Riparian zone.

(B) Timber Operations are limited to the Flood Prone Areas beyond the outer margin of a CMZ.

(D) Site specific assessments shall include:

1. Identifying the issues that need to be considered for Watercourse and Riparian protections [refer to Table 1 of "Flood Prone Area Considerations in the Coast Redwood Zone" (Riparian Protection Committee Report, Cafferata et al. 2005)

2. Describing processes that need to be considered for the issues identified above.

3. Developing a method to define a desired trajectory for Watercourse and Riparian conditions in the context of the goals of 14 CCR § 936.9, subsection (a).

4. Defining how the proposed operations will aid reaching the desired trajectories.

5. Disclosing assumptions being made at each step and limits to both the science and the proposed management activities.

6. Identifying how to determine what needs to be monitored and how to conduct the monitoring.

7. Supporting documentation is required including but not limited to field data, NetMap analysis, large wood modeling results, etc.

(E) As described in the "Flood Prone Area Considerations in the Coast Redwood Zone" (Cafferata et al. 2005), the site-specific Plan for Class I Flood Prone Area management shall include:

1. an inventory of the Flood Prone Area for all hydrologic, geomorphic, and biological functions present that can be affected by Timber Operations;

2. a determination of the category of inundation where management is proposed [i.e., very frequent (1-5 yr. recurrence interval or RI), frequent (5-20 yr. RI), moderately frequent (20-50 yr. RI), or infrequent (50+ yr. RI)]; and

3. an appropriate analysis for functions present in light of possible significant adverse impacts from management. Analysis for hydrologic functions may include how the Flood Prone Area vegetative roughness will change with Timber Operations. Analyses for geomorphic functions may include how proposed operations will change bank stabilization, amount of soil disturbance on the Flood Prone Area, and the potential for channel avulsion. Analyses for biological functions may include how harvesting will affect overflow channels, large wood recruitment, Stream shading, Riparian microclimate, organic matter input, and terrestrial wildlife habitat.

(F) Disclosure and analysis requirements increase with increased risk associated with the proposed level of activity and the increased frequency of inundation in the Flood Prone Area. In particular, management proposed within the 20-year recurrence interval Flood Prone Area in a watershed with coho salmon habitat or restorable habitat requires detailed analysis.

(G) In addition to considering how proposed prescriptions will affect Flood Prone Area functions at the Project level, site specific Plans must consider a larger watershed perspective that includes consideration of the Stream network and past activities in the watershed. Also, consideration must be given to the current condition of the Flood Prone Area.

(H) Information provided in the "Flood Prone Area Considerations in the Coast Redwood Zone" (Cafferata et al. 2005) is to be used for guidance in the coast redwood zone.

(I) The site-specific Plan for Class I Riparian management must:

(1) have Review Team agencies pre-consultation and receive concurrence from the Review Team agencies, including CDFW, and

(2) include a monitoring component.

(6) Guidance is provided below for site specific Plans for fire hazard reduction:

(A) For site-specific Plans that address WLPZs having conditions where catastrophic, stand replacing wildfire will result in significant adverse Effects to salmonid Species, Riparian habitat or other wildlife Species, the site specific Plan shall address measure(s) or provision(s) that create fire resilient forests, promote reduced fire intensities, and retain Functional habitat following a wildfire. Site specific Plans proposed for fuel hazard reduction shall contain information demonstrating the potential for severe fire behavior and likelihood of stand replacing fires. Fuel reduction measure(s) or provision(s) shall be designed to reduce fire behavior to levels appropriate for the region and Riparian area. Measure(s) or provision(s) include, but are not limited to, activities that eliminate the vertical and horizontal continuity among all vegetative fuels layer (Surface Fuels, Ladder Fuels and crown fuels), focus on reducing surface and Ladder Fuel hazards, and simultaneously meet goals and objectives of 14 CCR § 936.9 subsections (a) and (c).

(7) No site-specific measure(s) or nonstandard operational provision(s) proposed pursuant to 14 CCR § 936.9, subsection (v) may be prescribed by an RPF or approved by the Director in lieu of the following Rules:

(A) The Rules contained in Subchapter 2 (Application of Forest Practice Rules); Article 2 (Ratings and Standards) and Article 11 (Coastal Commission Special Treatment Areas) of Subchapter 4 (Coast Forest District Rules); Article 2 (Ratings and Standards) of Subchapter 5 (Northern Forest District Rules); Article 2 (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 Title 14 of the California Code of Regulations; or

(B) Any Forest Practice 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

(8) The Director shall not accept for inclusion in a Plan any site-specific measures or non-standard operational provisions as described in this section where the CDFW or where two or more agencies listed in PRC § 4582.6 and 14 CCR § 1037.3 have submitted written comments which lead to the Director's conclusion that the proposed measures or provisions will not meet the goal of this section and the agencies participated in the review of the Plan, including an on-the-ground inspection.

(9) Site-specific measures or nonstandard operational provisions proposed pursuant to 14 CCR § 936.9, subsection (v) shall not be considered alternative practices pursuant to 14 CCR §§ 897 or 934.9, in lieu practices or site-specific practices pursuant to 14 CCR § 936.1, or Alternative Prescriptions for the protection of Watercourses or Lakes pursuant to 14 CCR § 936. 6.

(10) Board staff and the Department shall work with agencies, stakeholders, and appropriate scientific participants (e.g., Monitoring Study Group, Technical Advisory Committee) in a transparent process to:

(1) describe and implement two pilot Projects, including monitored results, using site-specific or non-standard operational provisions; and

(2) provide recommendations to the Board for consideration for adoption to provide detailed guidance for the application of site-specific or non-standard operational provisions. The pilot Projects and guidance shall address cumulative and Planning Watershed impacts, and the guidance may address the appropriate standard site-specific or non-operational provisions shall meet. A report on the progress of the pilot Projects and implementation guidance shall be presented to the Board within 18 months of the effective date of this regulation.

(w) Except when expressly required by 14 CCR § 936.9, subsections (w)(1)-(5) below, the provisions of 14 CCR § 936.9 shall not apply to a Plan that is subject to:

(1) a valid incidental take permit issued by CDFW pursuant to § 2081(b) of the F&GC that addresses anadromous salmonid protection; or

(2) a federal incidental take statement or incidental take permit that addresses anadromous salmonid protection, for which a consistency determination has been made pursuant to § 2080.1 of the F&GC ; or

(3) a valid natural community conservation plan that addresses anadromous salmonid protection approved by CDFW under § 2835 of the F&GC ; or

(4) a valid Habitat Conservation Plan that addresses anadromous salmonid protection, approved under § 10 of the Federal Endangered Species Act of 1973; or

(5) Project revisions, guidelines, or take avoidance measures pursuant to a memorandum of understanding or a planning agreement entered into between the Plan submitter and CDFW in preparation of obtaining a natural community conservation plan that addresses anadromous salmonid protection.

Notes

Cal. Code Regs. Tit. 14, § 936.9

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 83, No. 27.
2. Amendment of subsection (y) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsections (a)(2)-(4), redesignation and amendment of former subsection (e)-(e)(5) as subsections (e)-(e)(2), amendment of subsections (f)-(g), (i), (j), (p), (s) and (y) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsections (f), (g), (r)(2)(D), (s) and (y) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (y) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsections (i)-(l), (p), (q) and (s), new subsections (s)(1)-(t)(7)(D), subsection relettering, amendment of newly designated subsections (u) and (w)-(y) and new subsection (u)(1) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
8. Amendment of subsection (z) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
9. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
10. Amendment of subsection (z) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
12. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
13. Amendment of subsections (k)(1) and (l)(3)-(4) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
14. New subsections (t)(8)(A)-(B) and amendment of NOTE filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
15. Editorial correction of HISTORY 14 (Register 2011, No. 20).
16. New subsections (t)(8)(A)-(B) and amendment of NOTE refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
17. Reinstatement of section as it existed prior to 2-7-2011 order by operation of Government Code section 11346.1(f) (Register 2012, No. 41).
18. Amendment of subsections (c)(4) and (g)-(g)(2), relocation and amendment of Table 4 from subsection (g)(2)(A) to subsection (g)(2)(B)3.(v) and amendment of subsection (g)(3) filed 11-26-2013; operative 1-1-2014 pursuant to Public Resources Code section 4554.5 (Register 2013, No. 48).
19. Change without regulatory effect amending subsection (g)(2)(A) filed 3-26-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 13).
20. Amendment filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
21. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
22. Amendment of first paragraph and subsections (g) and (g)(1)(C) filed 7-2-2018; operative 1-1-2019 pursuant to Public Resources Code section 4554.5(a) (Register 2018, No. 27).
23. Amendment of subsections (t)(7)(B) and (t)(7)(D) filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
24. Amendment of subsection (q) filed 12-1-2021; operative 1-1-2022 pursuant to Public Resources Code section 4554.5(a) (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
25. Amendment of subsection (g)(1)(A) and repealer of subsections (g)(1)(A)1.-2. and (g)(1)(C) filed 10-5-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 40).

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game Code.

1. New section filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22). For prior history, see Register 83, No. 27.
2. Amendment of subsection (y) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
3. Amendment of subsections (a)(2)-(4), redesignation and amendment of former subsection (e)-(e)(5) as subsections (e)-(e)(2), amendment of subsections (f)-(g), (i), (j), (p), (s) and (y) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
4. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
5. Amendment of subsections (f), (g), (r)(2)(D), (s) and (y) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
6. Amendment of subsection (y) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
7. Amendment of subsections (i)-(l), (p), (q) and (s), new subsections (s)(1)-(t)(7)(D), subsection relettering, amendment of newly designated subsections (u) and (w)-(y) and new subsection (u)(1) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
8. Amendment of subsection (z) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
9. Amendment of first paragraph filed 11-29-2007; effective 1-1-2008 pursuant to Public Resources Code section 4554.5(a); operative the date Department of Fish and Game regulations 14 CCR sections 787.0-787.9 become effective (Register 2007, No. 48).
10. Amendment of subsection (z) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
11. Amendment of section heading and section filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
12. Change without regulatory effect amending introductory paragraph filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
13. Amendment of subsections (k)(1) and (l)(3)-(4) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
14. New subsections (t)(8)(A)-(B) and amendment of Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
15. Editorial correction of History 14 (Register 2011, No. 20).
16. New subsections (t)(8)(A)-(B) and amendment of Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
17. Reinstatement of section as it existed prior to 2-7-2011 order by operation of Government Code section 11346.1(f) (Register 2012, No. 41).
18. Amendment of subsections (c)(4) and (g)-(g)(2), relocation and amendment of Table 4 from subsection (g)(2)(A) to subsection (g)(2)(B)3.(v) and amendment of subsection (g)(3) filed 11-26-2013; operative 1-1-2014 pursuant to Public Resources Code section 4554.5 (Register 2013, No. 48).
19. Change without regulatory effect amending subsection (g)(2)(A) filed 3-26-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 13).
20. Amendment filed 6-11-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
21. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
22. Amendment of first paragraph and subsections (g) and (g)(1)(C) filed 7-2-2018; operative 1/1/2019 pursuant to Public Resources Code section 4554.5(a) (Register 2018, No. 27).
23. Amendment of subsections (t)(7)(B) and (t)(7)(D) filed 11-14-2019; operative 1/1/2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
24. Amendment of subsection (q) filed 12-1-2021; operative 1/1/2022 pursuant to Public Resources Code section 4554.5(a) (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
25. Amendment of subsection (g)(1)(A) and repealer of subsections (g)(1)(A)1.-2. and (g)(1)(C) filed 10-5-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 40).

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