California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 7 - Administration
Article 2 - Timber Harvesting Plan
Section 1035.3 - Licensed Timber Operator Responsibilities
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Each affected LTO shall:
(a) Sign the Plan and major amendments to the Plan, or sign and file with the Director a facsimile of such Plan or amendments, agreeing to abide by the terms and specifications of the Plan. This shall be accomplished prior to implementation of the following; which the affected LTO has responsibility for implementing:
(b) Inform the responsible RPF or plan submitter, either in writing or orally, of any site conditions which, in the LTO's opinion, prevent implementation of the approved Plan including amendments.
(c) Keep a copy of the applicable approved Plan and amendments available for reference at the site of active Timber Operations. The LTO is not required to possess any confidential addenda to the Plan such as the Confidential Archaeological Addendum, nor is the LTO required to keep a copy of such confidential Plan addenda at the site of active Timber Operations.
(d) Comply with all provisions of the Act, Board rules, the applicable approved Plan and any approved amendments to the Plan.
(e) An LTO shall not be held responsible for Forest Practice Rule violations that result from work required of and/or performed by an RPF, under Board rules, that is determined by the Director to be inaccurate or inadequate.
(f) Provide the RPF responsible for professional advice throughout the timber operations an on-site contact employee authorized by the LTO to receive RPF advice.
(g) Keep the RPF responsible for professional advice throughout the timber operations advised of the status of timber operation activity.
(h) Upon receipt of written notice of an RPF's decision to withdraw professional services from the Plan, the LTO or on-site contact shall cease Timber Operations, except for emergencies and operations needed to protect water quality, until the LTO has received written notice from the plan submitter that another RPF has visited the Plan site and accepts responsibility for providing advice regarding the Plan as the RPF of record.
1. New
section filed 9-26-89; operative 10-26-89 (Register 89, No. 40).
2.
Amendment of subsection (c) and new subsection (e) filed 11-26-96; operative
1-1-97 pursuant to Public Resources Code section
4554.5
(Register 96, No. 48).
3. Amendment of subsection (e) filed
11-26-97; operative 1-1-98 pursuant to Public Resources Code section
4554.5
(Register 97, No. 48).
4. Amendment of first paragraph, new
subsections (a)-(a)(2) and (g)-(i) and subsection relettering filed 11-30-2000;
operative 1-1-2001 pursuant to Public Resources Code section
4554.5
(Register 2000, No. 48).
5. Repealer of subsection (c), subsection
relettering and amendment of newly designated subsection (e) filed 11-30-2009;
operative 1-1-2010 pursuant to Public Resources Code section
4554.5
(Register 2009, No. 49).
6. Amendment of section and NOTE filed
11-14-2017; operative 1-1-2018 pursuant to Public Resources Code section
4554.5
(Register 2017, No. 46).
Note: Authority cited: Sections 4551, 4552 and 4571, Public Resources Code. Reference: Sections 4524, 4526.5, 4527, 4528.5, 4570, 4571 and 4581, Public Resources Code.
