Cal. Code Regs. Tit. 14, § 953.4 - Special Prescriptions

The following special Harvesting Methods are appropriate under certain conditions:

(a) Special Treatment Areas Prescriptions. Special consideration in Special Treatment Areas shall be given to selection of a Regeneration Method or Intermediate Treatments compatible with the objectives for which the special area was established. Such areas shall be identified in the Plan. To assure the integrity of legally designated historical and archaeological sites and legally designated ecological reserves, and that the objectives of the Special Treatment Areas are met, the RPF and the Director may agree, after on-the-ground inspection, if requested by either party, on specific silvicultural and logging practices to protect such areas. The Director shall notify affected agencies or groups with expertise in the resource involved in the special treatment area of any such areas located during the THP review process.

(b) Rehabilitation of Understocked Area Prescription. For the purposes of restoring and enhancing the productivity of commercial Timberlands which do not meet the Stocking Standards defined in 14 CCR § 952.7 prior to any Timber Operations. On such lands, an area may be harvested provided it is restocked in accordance with Sub-Sections (1) or (2). To facilitate restocking, a regeneration plan must be included in the THP. The regeneration plan shall include Site Preparation, method of regeneration, and other information appropriate to evaluate the Plan.

(1) If the area meets the standards of 14 CCR § 952.7 within five (5) years of completion of Timber Operations, the area shall be considered acceptably stocked, or shall be considered acceptably stocked if it contains at least ten (10) planted countable trees for each tree harvested on sites I, II, and III, and five (5) planted Countable Trees for each tree harvested on site IV and V.

(2) On understocked Timberlands where no countable conifer trees are to be harvested and the broadleaf Species are not designated for management, the area shall be planted to equal or exceed the Stocking Standards of 14 CCR § 952.7(b)(1) and shall be considered acceptably stocked if within five (5) years of completion of Timber Operations it contains at least an average point count of 100 of Group A Species on all Site Classifications.

(c) Fuelbreak/Defensible Space. Where some trees and other vegetation and fuels are removed to create or maintain a shaded fuel break or defensible space in an area to reduce the potential for wildfires and the damage they might cause. Minimum Stocking Standards within the timber operating area shall be met immediately after harvest and shall be those found in 14 CCR § 952.7. The RPF shall describe in the Plan specific vegetation and fuels treatment, including timing, to reduce fuels to meet the objectives of a Community Fuelbreak Area or other objectives identified by the RPF with the written concurrence of a public fire agency and determined by the Director to be consistent with the purpose of the Act.

(d) Variable Retention. Variable retention is an approach to harvesting based on the retention of structural elements or biological legacies (trees, Snags, logs, etc.) from the pre-harvest stand for integration into the post-harvest stand to achieve various ecological, social and geomorphic objectives. The major variables in the variable retention harvest system are retention types, densities, and spatial arrangement of retained structures; aggregated retention is the retention of structures or biological legacies as intact forest patches within the harvest unit; dispersed retention is the retention of structures or biological legacies in a dispersed or uniform pattern. Retained trees may be intended to become part of future stands managed by the Selection Regeneration Method. Retained trees are often designated as decadent tree or Snag recruitment hence not ever intended for harvest. Regeneration after harvest outside of aggregated retention patches may be obtained by direct seeding, planting, sprouting, or by natural seedfall.

(1) In the Plan, the RPF shall describe in sufficient detail to provide for review and evaluation: the trees and elements retained, the objectives intended to be achieved by retention, the distribution and quantity of retained trees, the intended time period of retention, and any potential future conditions or events the RPF believes would allow harvest of retained trees. The RPF may explain and justify, and the Director may approve a Plan which indicates up to 50% of retained trees are intended for harvest during future Intermediate Treatments of the regenerated portion of the Harvest Area where such harvest(s) are consistent with stated Variable Retention objectives.

(2) The retention standards for Dispersed Retention shall be measured in average Basal Area Per Acre. Where retention is aggregated in groups (greater than or equal to one-tenth acre), percentage of harvest unit area shall be the standard. Sum of all areas within groups divided by harvest unit acres will be used to determine percentage of aggregated retention in the harvest unit. Area and trees located within any standard width WLPZ will be excluded from calculating retention.

(3) The following retention standards shall be met:

(A) Minimum dispersed Variable Retention standard is 20% of the Resource Conservation Standards basal area levels stated in 14 CCR § 952.7(b)(2), 10 % of Harvest Area in aggregated retention or combinations thereof. Variable Retention harvests at the minimum retention level shall be limited to 30 acres.

(B) Table 1 shall be used for Determining the Maximum Size Harvest Area for Variable Retention. For areas with a combination of dispersed and aggregated retention types for determination of permissible unit size, the percentage of basal area in dispersed retention portions of the combination area may be reduced proportionately to the area in aggregated retention indicated in Table 1.

Table 1

Dispersed Retention	Aggregated Retention	Maximum Size Harvest Area
>20% of 952.7(b)(2)	>10% Area	30 Acres
>30% of 952.7(b)(2)	>15% Area	40 Acres
>35% of 952.7(b)(2)	>20% Area	60 Acres
>45% of 952.7(b)(2)	>25% Area	80 Acres
>55% of 952.7(b)(2)	>30% Area	120 Acres
>75% of 952.7(b)(2)	>40% Area	200 Acres

(C) Aggregated retention areas that conform to the definition of Late Succession Forest Stands under 14 CCR § 895.1, with the exception of the minimum 20 acre threshold size, may be counted as contributing 1.5 times the acres they actually occupy toward providing retention.

(D) Retention trees classified as Dunning's Class 3, 4, 5, or 7 which exceed the size standards of 14 CCR § 952.7 may be counted as contributing 1.5 times their actual basal area toward providing retention.

(E) Retention standards shall be met on each 20-acre maximum area(s) within each harvest unit. Retention standards may be met by either dispersed, aggregated or a combination of the two types of retention.

(F) Unless explained and justified by the RPF in the Plan, and approved by the Director, no point within the Harvest Area where retention standards are met by dispersed retention shall be more than 300 feet from a retention tree.

(G) With the exception of 14 CCR § 953.4(d)(3)(J) below, the average height of dispersed retention trees shall be at least the average height of Dominants and Codominants of like Species in the pre-harvest stand.

(H) For areas where the Plan relies on natural seedfall to obtain regeneration, dispersed retention trees shall meet the standards of 14 CCR § 953.1(c)(1). Where retention is aggregated, retained aggregates shall meet the standards of Commercial Thinning required under 14 CCR § 953.3(a) including (a)(1)(A) or (a)(1)(B).

(I) Where specific WHR habitat elements are insufficient to provide Functional Wildlife Habitat, the RPF may explain and justify and the Director may approve alternatives to the standards of subsections 953.4(d)(3)(G) and (H).

(J) Decadent and Deformed Trees of Value to Wildlife, and Snags which meet the standards of 14 CCR § 952.7(b)(3) (A,B or C) and 14 CCR § 952.7(c) may be counted to meet up to 15 square feet of Basal Area Per Acre of retention in excess of the minimum variable retention standards (ref. 14 CCR § 953.4(d)(3)(A)).

(K) Trees shall be retained for at least 50 years unless a shorter period of time is described in the Plan, explained and justified by the RPF, and approved by the Director.

(4) Retention standards shall be met immediately after harvest and if retention trees are to be used to meet Stocking, at the time the Stocking report is approved.

(5) The Stocking standards of 14 CCR § 952.7(b)(1) within five years following completion of operations.

(6) Retention trees shall be protected to the extent Feasible during Timber Operations consistent with 14 CCR §§ 954.1; 954.2(e); 954.3; 955.2; 955.3 and 957.7.

(7) The Plan shall indicate the estimated average pre-harvest and post-harvest basal area by species and Diameter class. Diameter class designations shall be grouped in no greater than 6" classes.

(8) Where retention is aggregated in groups, the RPF shall provide in the Plan a general description of group locations and/or a map showing the approximate location of the groups. This information shall be provided for each logging unit.

(9) All trees to be harvested or all retention trees shall be marked by, or under the supervision of, an RPF prior to felling operations. Where timber harvesting does not occur within retained aggregates, the boundaries of retained aggregates may be designated in lieu of Marking individual trees within retained aggregates. A sample area must be marked prior to a pre-harvest inspection for evaluation. The sample area shall include at least 10% of the Harvest Area for each stand type represented in the range of conditions present in the area. Where necessary to evaluate the proposed retention, the Director may require additional Marking before Plan approval.

(10) To facilitate restocking, a regeneration plan must be included in the Plan. The regeneration plan shall include Site Preparation, method of regeneration, and other information appropriate to evaluate the Plan. Site Preparation activities shall be designed to protect retention elements and maintain ground cover to the extent practicable while at the same time result in seedling establishment on the site and encourage long-term site occupancy of the regenerated trees.

(11) Another Variable Retention harvest may not be applied to the Variable Retention Harvest Area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report except as specified in:

(i) a THP that has been approved pursuant to 14 CCR § 953.11(a),

(ii) an SYP,

(iii) a PTEIR or,

(iv) an NTMP.

(12) Within ownership boundaries, no logical logging unit contiguous to a previously harvested Variable Retention Harvest Area may be harvested by a Variable Retention method unless the previously harvested Variable Retention unit has an approved report of Stocking and the dominant and codominant trees, not counting retention trees, average at least five years of age or average at least five feet tall and three years of age from the time of establishment on the site either by the planting or by natural regeneration. If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent Variable Retention management may occur.

(13) A Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may not be applied to the Variable Retention Harvest Area for at least 50 years for Class I, 60 years for Class II or III, or 80 years for Class IV and V site class lands after acceptance by the Director of the completion report.

(14) Within an ownership, at least 10 years must pass after a Variable Retention harvest that exceeds the size standards of 14 CCR § 953.1(a)(2) before a Regeneration Method Used in Evenaged Management, other than Shelterwood Preparatory Step, may occur in an adjacent logical Harvest Area.

(15) Within an ownership, the separation requirements and adjacency limitations of 14 CCR § 953.1(a) (3, 6 and 7) shall apply equally to Variable Retention Harvest Areas and evenaged regeneration units.

(16) Alternative Prescriptions proposed under 14 CCR § 953.6 may not reference Variable Retention as the most nearly Feasible method (ref. 14 CCR § 953.6(b)(3) and (4)). Alternative Prescriptions which approach but do not fully meet the minimum standards of Variable Retention shall be considered Alternatives to a Regeneration Method Used in Evenaged Management.

(e) Aspen, and Meadows and Wet Areas restoration. All trees within aspen stands (defined as a location with the presence of living aspen (Populus tremuloides)), Meadows and Wet Areas may be harvested or otherwise treated in order to restore, retain, or enhance these areas for ecological or range values. A primary goal of aspen restoration Projects is the successful regeneration of aspen and recruitment into larger size classes. Projects using this prescription shall be designed to balance the protection and regeneration of aspen stands, and Meadows and Wet Areas habitats in California's forest ecosystems with the other goals of forest management as specified in 14 CCR § 897 and meet the following requirements:

(1) The RPF shall state in the Plan each Project type(s) that is being proposed (aspen or Meadows and Wet Areas restoration).

(2) Each Project type shall be shown on the Plan map, consistent with 14 CCR § 1034(x), and at a scale that shows the locations of planned operations.

(3) The RPF shall describe the extent of the area proposed for harvesting or treatment and the types of harvesting or treatments.

(4) The RPF shall describe the condition of aspen stands, Meadows and Wet Areas in the Project area.

(A) For aspen stands, the condition description shall include, but is not limited to, the determination of whether the aspen stands are upland aspen stands or Riparian aspen stands; spatial extent, Species composition, and stand structure (including Overstory/Understory coverage and whether a stand is pure aspen or mixed with conifer) of the Project area; and the relationship of the Project area to other known aspen stands in the Planning Watershed or biological assessment area.

(B) For Meadows and Wet Areas, the condition description shall include spatial extent, Species composition, and stand structure (including Overstory/Understory coverage) of the Project area; relevant Watercourse condition factors stated in Board Technical Rule Addendum #2; and other factors indicative of Meadows and Wet Areas geomorphic and hydrological functions.

(5) The RPF shall state the Project goals and the measures of success for the proposed aspen or Meadows, and Wet Areas restoration Project. For purposes of this subsection, measures of success means criteria related to a physical condition that can be measured using conventional forestry equipment or readily available technology to indicate the level of accomplishment of the Project goals.

(A) Aspen, or Meadows and Wet Areas Project goals and measures of success shall be based on the condition assessment required in 14 CCR §§ 913.4, 933.4, and 953.4, subsection (e)(4), and identification of problematic aspen, Meadows, and Wet Areas conditions and their agents/causes. Information shall include a description of factors that may be putting aspen stands, or Meadows and Wet Areas at risk, and presence of any unique physical conditions. Projects shall be designed to contribute to rectifying factors that are limiting restoration, to the extent Feasible.

(6) For Projects of twenty (20) acres or less in size, the RPF has the option to not include the requirements of 14 CCR §§ 913.4, 933.4, and 953.4, subsections (e)(4) and (5) if the RPF consults with CDFW prior to Plan submittal and, if wet areas are proposed, the RPF shall also consult with the appropriate RWQCB in those locations where the applicable basin Plan identifies wet areas as a Beneficial Use. The results of the consultation(s) shall be included in the Plan.

(7) The Department shall review post-harvest field conditions of the portions of Plans using the aspen, Meadows and Wet Areas restoration silvicultural prescription and prepare a monitoring report every five (5) years for the Board. The monitoring report shall summarize information on use of the prescription including:

(i) the level of achievement of the measures of success as stated in the Plan per 14 CCR §§ 913.4, 933.4, and 953.4, subsection (e)(5);

(ii) any post harvest adverse environmental impacts resulting from use of the prescription;

(iii) any regulatory compliance issues, and;

(iv) any other significant findings resulting from the review. The review shall include photo point records.

(8) Exemptions from other FPRs:

(A) Silvicutural standards for opening size, adjacency requirements, or conifer Stocking Standards in 14 CCR §§ 913.1-913.3, [933.1-933.3, and 953.1-953.3]; 14 CCR §§ 913.6, 933.6, and 953.6; and 14 CCR §§ 913.8 do not apply to use of this prescription.

(B) Minimum Resource Conservation Standards in 14 CCR §§ 912.7, 932.7, and 952.7 do not apply to use of this prescription.

(C) For purposes of this prescription, Timberlands productivity and MSP requirements as stated in 14 CCR §§ 931.10, 933.10, and 953.10; and 14 CCR §§ 913.11, 933.11, and 953.11 are compatible with implementing actions that contribute to attaining the measures of success approved by the Department for this prescription.

Notes

Cal. Code Regs. Tit. 14, § 953.4

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. Change without regulatory effect of subsection (b) filed 5-24-89 (Register 89, No. 23).
4. Amendment of subsection (a) and NOTE filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
5. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. New subsection (c) filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
7. New subsections (d)-(d)(16) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. New subsections (e)-(e)(8)(C) and amendment of NOTE filed 10-6-2011; operative 1-1-2012 pursuant to Public Resources Code section 4551.5 (Register 2011, No. 40).
9. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
10. Amendment of subsections (b)(1)-(c) filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
11. Amendment of subsections (e)-(e)(1), (e)(4)(A)-(e)(5)(A) and (e)(7) filed 7-29-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).

Note: Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Sections 4512, 4551.5, 4582 and 4582.5, Public Resources Code.

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
3. Change without regulatory effect of subsection (b) filed 5-24-89 (Register 89, No. 23).
4. Amendment of subsection (a) and Note filed 11-27-91; operative 12-27-91 (Register 92, No. 25).
5. Amendment of section heading and section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
6. New subsection (c) filed 11-19-97; operative 1-1-98 (Register 97, No. 47).
7. New subsections (d)-(d)(16) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
8. New subsections (e)-(e)(8)(C) and amendment of Note filed 10-6-2011; operative 1-1-2012 pursuant to Public Resources Code section 4551.5 (Register 2011, No. 40).
9. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
10. Amendment of subsections (b)(1)-(c) filed 11-14-2019; operative 1/1/2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
11. Amendment of subsections (e)-(e)(1), (e)(4)(A)-(e)(5)(A) and (e)(7) filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).