California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 5 - Northern Forest District Rules
Article 4 - Harvesting Practices and Erosion Control
Section 934.9 - Alternatives to Standard Rules

Universal Citation: 14 CA Code of Regs 934.9

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Alternative practices may be developed by the RPF on a site-specific basis provided the following conditions are complied with and the alternative practices will achieve environmental protection at least equal to that which would result from using measures stated in 14 CCR §§ 934.1-934.8.

(1) Environmental impacts with potential for significant adverse Effects on the Beneficial Uses of water, on the residual timber, and on the soil productivity are identified and measure.s proposed to mitigate such impacts are included in an approved THP. The THP shall also contain a clear statement as to why alternative harvesting and erosion control measures are needed.

(2) The alternative practice(s) must be explained in sufficient detail and standards provided in the THP so that they can be adequately evaluated and enforced by the Director and implemented by the LTO.

(3) On a THP in which alternatives covering harvesting and erosion control measures have been incorporated, the Timber Operator shall agree to the alternative specifications by signing and filing with the Director a copy of the Plan, the amended Plan or a facsimile thereof, prior to beginning or continuing operations on the portion of the Plan to which the alternatives apply.

(b) The Director shall not accept for inclusion in a THP alternative harvesting and erosion control measures proposed under this section which do not meet the standard of subsection (a) of this section. In the event that there is more than one written negative position showing that the alternative practice(s) does (do) not meet the standard of subsection (a) received from among the agencies listed in 14 CCR § 1037.3 and the Department of Forestry & Fire Protection which participated in the review of the Plan including on-the-ground inspection, the Director shall reject the proposed alternative.

(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.

1. Change without regulatory effect amending section and adding NOTE filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).

Note: Authority cited: Sections 4551, 4551.5, 4552, 4562.5, 4562.7 and 21080, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 4582, 21002 and 21080.5, Public Resources Code; and Natural Resources Defense Council, Inc. v. Arcata Nat. Corp. (1975) 59 C.A. 3rd 959, 131 Cal. Rptr., 172.

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