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 6 - Watercourse and Lake Protection
Section 936.8 - Sensitive Watersheds
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Board, at a public hearing, shall determine whether nominated Planning Watersheds are "sensitive" to further Timber Operations. Classifications of a water shed as "sensitive" shall be supported by substantial evidence that a condition, or conditions, exist(s) where further Timber Operations within the Planning Watershed will create a reasonable potential to cause, or contribute to ongoing, significant adverse cumulative effect(s) on the resources identified in 14 CCR § 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)], and as set forth in Board Technical Rule Addendum No. 2 (14 CCR § 912.9, [932.9, 952.9]) and that mitigation of such significant cumulative Effects requires the application of protection measures not required by the Forest Practice Rules. For all Planning Watersheds classified as "sensitive", the Board shall identify the specific resources which are sensitive to further Timber Operations and specific mitigation measures that will provide the necessary protection of the sensitive resource(s). A Board finding that a Planning Watershed is no longer sensitive shall be supported by substantial evidence that such conditions no longer exist. Unless and until a Planning Watershed(s) is classified as sensitive and any necessary rulemaking completed, the existing Rules shall apply.
(a) Nomination process:
The Director, local, state, or federal agencies and the public may nominate Planning Watersheds to the Board and shall provide evidence supporting classification of the watershed as sensitive. The nominator shall discuss the Effects that further Timber Operations will have on the specific resources identified in 14 CCR § 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)] which are at risk within the nominated watershed and specify those Effects not sufficiently addressed under the forest practice Rules and discuss the significance of the Effects in light of the condition of the resources in areas adjacent to the Planning Watershed. Such nominations must be accompanied by the following information, descriptions, documents, or maps as appropriate:
(b) Notice Process
The Board shall mail notice of the nominated watershed, as provided in (a)(10), to the addresses of parties described in 9 (A)-(H) and shall publish the provided notice one time in a newspaper with general circulation in the county containing the Planning Watershed. Such notice shall be provided following a determination that information contained in the nomination meets the requirements of 14 CCR § 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above.
(c) Screening Process:
Before consideration by the Board, nominations shall be screened for compliance with the informational requirements by a nominations review committee, which may consist of the appropriate Board Committee, as determined by the Board. The nominations review committee shall consult with CAL FIRE, the appropriate RWQCB, the CDFW, the CGS, and other(s) as deemed necessary to determine whether the nomination is supported by substantial evidence. The nominations review committee shall then forward a recommendation for approval or denial of the nomination to the Board within 120 days of the date of receipt by the committee, or such longer time provided by the Board. The nominations review committee shall describe its specific reason(s) for recommending approval or denial of the nomination. In the event that the committee forwards a recommendation for approval, it shall describe the substantial evidence which supports nomination, including specific reasons why the current forest practice Rules are inadequate to protect the specific resources at risk and shall provide the following information:
(d) Public hearing Process:
The Board shall consider the recommendations of the nominations review committee at a public hearing on classification of the Planning Watershed, which will be held within 60 days of receipt from the committee. The watershed nomination and recommendations of the committee will be made available to the public between the date of receipt by the Board and the public hearing. Recommendations adopted by the Board which have the effect of a regulation shall be processed in accordance with the Administrative Procedure Act (Gov. Code § 11340. et seq.).
1. New
section filed 1-7-94; operative 3-1-94 (Register 94, No. 1). For prior history,
see Register 92, No. 40.
2. Change without regulatory effect
amending section and NOTE filed 12-20-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 51).
Note: Authority cited: Sections 4551, 4562.7, 21000(g) and 21160, Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21000(b), 21000(f), 21002 and 21002.1, Public Resources Code; and 33 USC 1288(b)(2)(F).