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 1037.3 - Agency and Public Review

Universal Citation: 14 CA Code of Regs 1037.3

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

(a) Upon receipt of the filed Plan in accordance with 14 CCR § 1037, the Director shall place it, or a true copy thereof, in a file available for public inspection, and shall transmit a copy to the CDFW, the appropriate RWQCB, the CGS, the Department of Parks and Recreation, the county planning agency and, if the areas are within their jurisdiction, to the California Tahoe Regional Planning Agency and the California Coastal Commission.

(b) The Director shall also transmit a copy of any specific Plan to any Person who has made a written request therefor.

(c) The Department shall bill such Persons for the cost of providing such copies and such monies shall be paid to the Department.

(d) The Director shall invite written comments, and will consider these comments. All comments regarding Plans shall be in writing and shall be addressed to the Director at the appropriate CAL FIRE Review Team Office where the Plan is filed. Comments from reviewing public agencies shall be considered based on the comments' substance, and specificity, and in relation to the commenting agencies' area(s) of expertise and statutory mandate, as well as the level of documentation, explanation or other support provided with the comments.

(e) Any Substantial Deviation in the Plan or the inclusion of "Significant New Information" (as described in 14 CCR § 895.1), made during the Director's review of the Plan shall require recirculation as described in this section and reopening or extending the public comment period for a minimum of thirty (30) days.

(f) The Director shall take the following steps when "Significant New Information" is added to the Plan during the course of Plan review or during the Director's Determination period.

(1) When significant changes are limited to a few sections or portions of the Plan, the Department need only recirculate the sections or portions that have been modified.

(2) When significant changes are not limited to a few sections of the Plan, the Department shall recirculate the entire Plan.

(3) The Department shall prepare a letter of recirculation which shall include:
(A) A brief description of the proposed Project and its location. Such information shall include:
1. The Plan number and County.

2. The names of the Timberland owner and the Plan Submitter.

3. The location of the Plan area by county, section, township, and range.

4. The name of the nearest major Watercourse or CAL Watershed ID.

5. The acres proposed to be harvested.

6. The Silvicultural Systems to be used.

(B) A summary of changes made to the Plan and a brief description of "Significant New Information" contained in the Plan.

(C) Clarification as to whether the entire Plan or only those recirculated portions of the Plan are open for public comment.

(D) The starting and ending dates for the review period during which public comments will be received.

(E) The date, time, and place of any scheduled public meetings when known by the lead agency at the time of notice.

(F) The address where copies of the Plan record is available for public review.

(4) The letter of recirculation shall be sent to all review team members; any agency, Person, or organization that commented on the Plan; and all landowners who received a Notice of Intent (or Preparation).

(5) The Department need only respond to:
(A) Comments received during the initial circulation period that relate to sections or portions of the Plan that were not revised and recirculated, and;

(B) Comments received during the recirculation period that relate to the sections or portions of the Plan that were revised and recirculated.

(6) The Department shall include with the notice of submissions, a notice of recirculation pursuant to 14 CCR § 1032.9.

1. Amendment of text and adoption of NOTE filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
2. Amendment of section and NOTE filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
3. Change without regulatory effect amending subsection (c) and adopting new subsection (d) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
4. New subsections (e)-(f)(6) and amendment of NOTE filed 1-5-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 1).
5. Change without regulatory effect amending subsection (a) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
6. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4582.6, 4582.7 and 4582.75, Public Resources Code; and Joy Road Area Forest and Watershed Association, v. California Department of Forestry & Fire Protection, Sonoma County Superior Court No. SCV 229850.

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