California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 2 - Application of Forest Practice Rules
Article 2 - Preparation and Review of Timber Harvesting Plans
Section 898.1 - Review of Plan by Director
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Director shall review Plans to determine if they are in conformance with the provisions of PRC § 4582.75 which requires that Rules adopted by the Board shall be the only criteria employed by the Director in reviewing Plans pursuant to PRC § 4582.7.
(a) In reviewing Plans, the Director shall apply all applicable Rules promulgated by the Board.
(b) When in doubt as to the Feasible alternative which best carries out the intent of the Act, the Director shall seek the advice of other state agencies charged with protecting the public interest in forest-related resources.
(c) In reviewing Plans, the Director shall disapprove all Plans which:
(d) In reviewing Plans, if the Director finds that a Plan cannot be approved without a change in the conduct of Timber Operations, the Director shall, consistent with the Rules and procedures adopted by the Board, communicate with the preparer of the Plan, explain any probable causes for disapproval and suggest possible mitigation measures. The preparer of the Plan shall then have the opportunity to respond to the Director and provide appropriate mitigation measures prior to the end of the public comment period.
(e) If the Director disapproves a Plan, the Director shall, consistent with the Rules and procedures adopted by the Board, provide to the preparer of the Plan written reasons for disapproval.
(f) If the Director finds no Feasible, less damaging alternatives that conform with the Rules, the Director shall approve such Plan unless approval threatens to cause immediate, significant, and long-term Harm to the natural resources of the state. In the event of such a threat, the Director shall withhold decision on the Plan and shall follow procedures developed by the Board pursuant to PRC § 4555.
(g) If the Director determines that (1) all Feasible mitigation measures or alternatives which are available to substantially reduce or avoid any significant adverse impacts of a THP have been selected; (2) significant adverse impacts remain; (3) the Plan otherwise complies with the Rules of the Board; and (4) an Emergency situation does not exist under PRC § 4555, the Director shall not approve the Plan unless the Director also determines that the benefits of the THP outweigh any significant, unavoidable adverse impacts. If the Director makes such a determination and approves the THP, the Notice of Conformance shall include an explanation of the basis for finding that the conditions 1-3 herein are met and for determining that the THP's benefits outweigh any unavoidable significant adverse impacts.
In making such a determination for THPs on lands zoned TPZ the Director shall give consideration to the Legislature's objectives in enacting the Timberland Productivity Act of 1982 ("TPA") and the objectives of the FPA including sustained forest productivity. The TPA-associated benefits to be weighed against any significant unavoidable adverse impacts shall include, but not be limited to:
(h) In determining whether the public benefits of the THP outweigh any unavoidable significant adverse impacts pursuant to (g) above, the Director may request information as needed to evaluate potential job loss, negative economic impacts on the community, business closings, loss of property by owners, probable conversion to other uses, estate taxes and other factors as appropriate.
1.
Amendment of subsections (a) and (c) 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. New NOTE filed 2-21-79 as
procedural and organizational; effective upon filing (Register 79, No.
9).
4. Amendment of subsection (c)(1) filed 7-3-86; effective
thirtieth day thereafter (Register 86, No. 27).
5. Repealer of
subsection (f) filed 2-19-88 as an emergency; operative 2-19-88 (Register 88,
No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 6-20-88.
6. Editorial
correction of Register year in HISTORY 5. (Register 91, No. 41).
7.
Reinstatement of subsection (f) as it existed prior to emergency repeal filed
2-19-88 by operation of Government Code section
11346.1(f)
effective 6-20-88 (Register 91, No. 41).
8. New subsections
(g)-(g)(3) and NOTE filed 8-26-91; operative 8-26-91 pursuant to Government
Code section
11346.2(d)
(Register 92, No. 20).
9. New subsection (h) filed 11-25-91 as an
emergency; operative 11-25-91. (Register 92, No. 25). A Certificate of
Compliance must be transmitted to OAL by 3-24-92 or emergency language will be
repealed by operation of law on the following day.
10. Certificate
of Compliance as to 11-25-91 order transmitted to OAL 2-20-92 and filed 4-2-92;
operative 5-4-92 (Register 92, No. 26).
11. Editorial correction of
subsection (h) (Register 92, No. 26).
12. Amendment of subsection
(d) filed 12-8-95; operative 12-8-95 pursuant to Government Code section
11343.4(d)
(Register 95, No. 49).
13. Amendment of subsection (d) and NOTE
filed 12-2-99; operative 1-1-2000 pursuant to Government Code section
11343.4(a)
and Public Resources Code section
4554.5
(Register 99, No. 49).
14. Amendment of subsection (d) and NOTE
filed 1-5-2012; operative 1-1-2013 pursuant to Public Resources Code section
4554.5(a)
(Register 2012, No. 1).
15. Change without regulatory effect
amending section filed 7-26-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 30).
Note: Authority cited: Section 4582, Public Resources Code. Reference: Sections 4555, 4582.7 and 4582.75, Public Resources Code; Sections 51101, 51102 and 51115.1, Government Code; Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82 and Joy Road Area Forest and Watershed Association, v. California Department of Forestry & Fire Protection, Sonoma County Superior Court No. SCV 229850.
