California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 11 - Policy for Administration for the Department
Article 1 - Policy Guides for Administration of Statutes Protecting Natural Resources
Section 1655 - Issues to be Referred to the Board by the Director
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If, in the exercise of the Director's powers pursuant to any state statute, the Director finds that there are not guidelines, standards, requirements or prohibitions contained therein, he or she shall immediately consult the Board for direction in the application of such laws.
(b) If application of any state law, other than the Forest Practice Act, raises substantial questions about the protection of the natural resources of the state under the provisions of the Forest Practice Act and would therefore bear on the Director's review of timber harvest plans pursuant to Sections 4582.7 and 4582.75 PRC, then the Director shall follow the same procedures as required by Section 4555 PRC and relevant regulations in 14 CAC 901 et seq.
(c) The rules and regulations of the Board, including the Forest Practice Rules, shall contain the policies of the Board for guidance of the Director in administering the Department. Such rules shall be interpreted to give recognition to all applicable state statutes and to harmonize questions of potential policy conflicts. If, during the administration of rules and regulations established by the Board, the Director finds conflicts, inconsistencies, or a lack of sufficiently clear standards to guide the Director or persons affected by the regulations, then the Director shall immediately seek clarification from the Board.
1. New
Chapter 10 (Section 1655) filed 3-9-78 as an emergency; effective upon filing
(Register 78, No. 10).
2. Certificate of Compliance filed 5-10-78
(Register 78, No. 19).
3. Redesignation from Chapter 10 (Section
1655) to Chapter 11 (Section 1655) filed 5-19-78 as procedural and
organizational; designated effective 7-6-78 (Register 78, No.
20).
4. Order of Repeal of introductory paragraph filed 8-26-82 by
OAL pursuant to Government Code Section
11349.7(j)
(Register 82, No. 35).
5. Editorial correction of subsection (c) and
NOTE filed 10-19-82 (Register 82, No. 43).
Note: Authority cited: Sections 740, 4551, 4552 and 4553, Public Resources Code. Reference: Sections 710, 740, 4552, 4555, 4582.7 and 4582.75, Public Resources Code; and NRDC v. Arcata, 59 Cal. App. 3d 959, 131 Cal. Rptr. 172 (1976).
