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 1038 - Exemption
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Timber Operations conducted pursuant to this section are exempt from the Plan preparation and submission requirements (PRC § 4581) and from the completion report and Stocking report requirements (PRC §§ 4585 and 4587) of the FPA. Timber Operations conducted under any notice of exemption described herein shall be limited to one (1) year from the date of receipt by the Director, and shall comply with all operational provisions of the FPA and District Forest Practices Rules applicable to "Timber Harvest Plan", "THP", and "Plan" definitions per 14 CCR § 895.1. In-lieu practices within WLPZs as specified under Article 6 of these Rules, exceptions to the Rules, and alternative practices are not allowed. The following types of Timber Operations are exempt:
(a) Harvesting Christmas trees.
(b) Harvesting dead trees, Dying Trees, or Diseased Trees of any size, fuelwood or split products in amounts less than ten (10) percent of the average volume per acre, or the removal of Slash and Woody Debris that is not located within a WLPZ.
(c) The cutting or removal of trees in compliance with PRC §§ 4290 and 4291, which eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuelbreak to reduce fire spread, duration and intensity. The requirements of this subsection shall not supersede the requirements of PRC § 4291.
(d) Harvesting dead trees, Dying Trees or Diseased Trees, fuelwood, or split products in response to drought related stress or dead trees which are unmerchantable as sawlog-size timber that are located upon Substantially Damaged Timberlands when the following conditions are met:
(e) The cutting or removal of trees to restore and conserve California black (Quercus kelloggii) or Oregon white (Quercus garryana) oak woodlands and associated grasslands, if all the following requirements are met:
(f) The cutting or removal of trees that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a Fuelbreak. An exemption pursuant to this subdivision shall be known as the Small Timberland Owner Exemption. The cutting or removal of trees in compliance with this subdivision shall be subject to all of the following conditions:
(g) Harvesting trees which are dead or Dying Trees as a result of wildfire within three-hundred (300) feet from any point of an Approved and Legally Permitted Structure or an Approved and Legally Permitted Structure that was damaged or destroyed by wildfire. The provisions of a notice of exemption submitted pursuant to this subsection supersede the provisions of any other notices of exemption that are submitted in the same Harvest Area. The following conditions apply:
1.
Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No.
37).
2. Amendment of subsection (b) filed 10-3-88; operative 11-2-88
(Register 88, No. 41).
3. New subsection (d) filed 1-21-93 as an
emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance
must be transmitted to OAL 5-21-93 or emergency language will be repealed by
operation of law on the following day.
4. New subsection (e) filed
4-5-93; operative 4-5-93 (Register 93, No. 15).
5. Change without
regulatory effect amending subsection (e) filed 4-16-93 pursuant to section
100, title 1, California Code of
Regulations (Register 93, No. 16).
6. Subsection (d) repealed by
operation of Government Code section
11346.1
(Register 94, No. 20).
7. New subsection (d) filed 10-20-94 as an
emergency; operative 10-20-94 (Register 94, No. 42). A Certificate of
Compliance must be transmitted to OAL by 2-17-95 or emergency language will be
repealed by operation of law on the following day.
8. New subsection
(d) including amendment of NOTE refiled 2-15-95 as an emergency; operative
2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted
to OAL by 6-15-95 or emergency language will be repealed by operation of law on
the following day.
9. Reinstatement of section as it existed prior
to emergency amendment filed 6-16-95 by operation of Government Code section
11346.1(f)
(Register 95, No. 31).
10. Amendment of subsections (b)(3) and (e)
and new subsections (d)-(d)(5)(C) filed 7-31-95; operative 7-31-95 pursuant to
Government Code section
11343.4(d)
(Register 95, No. 31).
11. New subsection (f) filed 12-28-95;
operative 12-28-95 pursuant to Government Code section
11343.4(d)
(Register 95, No. 52).
12. Amendment of subsection (f)(13) filed
11-7-96; operative 1-1-97 (Register 96, No. 45).
13. Amendment of
subsection (b)(10) filed 11-26-96; operative 1-1-97 pursuant to Public
Resources Code section
4554.5
(Register 96, No. 48).
14. Change without regulatory effect amending
subsection (d)(1) filed 9-26-97 pursuant to section
100, title 1, California Code of
Regulations (Register 97, No. 39).
15. Amendment of subsections (f)
and (f)(12) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code
section
4554.5
(Register 97, No. 48).
16. Amendment of section and NOTE filed
2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section
4554.5
(Register 2000, No. 7).
17. Amendment of subsection (f)(15) filed
11-29-2000; operative 1-1-2001 pursuant to Public Resources Code section
4554.5
(Register 2000, No. 48).
18. New subsection (g) filed 2-21-2001 as
an emergency; operative 2-21-2001 (Register 2001, No. 8). A Certificate of
Compliance must be transmitted to OAL by 6-21-2001 or emergency language will
be repealed by operation of law on the following day.
19. New
subsection (g) refiled 6-18-2001 as an emergency, including further amendments;
operative 6-18-2001 (Register 2001, No. 25). A Certificate of Compliance must
be transmitted to OAL by 10-16-2001 or emergency language will be repealed by
operation of law on the following day.
20. Certificate of Compliance
as to 6-18-2001 order, including further amendment of subsections (d) and (g),
transmitted to OAL 8-24-2001 and filed 9-25-2001 (Register 2001, No. 39).
Pursuant to Public Resources Code section
4551.5,
the emergency regulation is repealed effective 9-25-2001; regulatory language
adopted in the Certificate of Compliance is operative 1-1-2002.
21.
Amendment of first paragraph and new subsections (h)-(h)(2)(C) filed
11-16-2001; operative 1-1-2002 pursuant to Public Resources Code section
4551.5
(Register 2001, No. 46).
22. Repealer of subsection (f)(15) filed
11-21-2002; operative 1-1-2003 pursuant to Public Resources Code section
4551.5
(Register 2002, No. 47).
23. Amendment of subsection (e) and new
subsections (i)-(i)(14) filed 1-7-2005 as an emergency; operative 1-7-2005
(Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL
by 5-9-2005 or emergency language will be repealed by operation of law on the
following day.
24. Amendment of subsection (e) and new subsections
(i)-(i)(14) refiled 4-25-2005 as an emergency, including amendment of Form
RM-73 (1038i) (incorporated by reference) and subsection (i)(3); operative
5-10-2005 (Register 2005, No. 17). A Certificate of Compliance must be
transmitted to OAL by 9-7-2005 or emergency language will be repealed by
operation of law on the following day.
25. Amendment of first
paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and
NOTE filed 6-21-2005 as an emergency; operative 6-21-2005 (Register 2005, No.
25). A Certificate of Compliance must be transmitted to OAL by 10-19-2005 or
emergency language will be repealed by operation of law on the following
day.
26. Amendment of first paragraph, subsections (f), (f)(2)-(4),
(f)(7), (f)(9) and (f)(12)-(13) and NOTE refiled 10-13-2005 as an emergency;
operative 10-13-2005 (Register 2005, No. 41). A Certificate of Compliance must
be transmitted to OAL by 2-10-2006 or emergency language will be repealed by
operation of law on the following day.
27. Reinstatement of section
as it existed prior to 4-25-2005 emergency amendment by operation of Government
Code section
11346.1(f)
(Register 2005, No. 45).
28. Amendment of subsection (e) and new
subsections (i)-(i)(15) filed 11-9-2005; operative 1-1-2006 (Register 2005, No.
45).
29. Amendment of first paragraph, subsections (f), (f)(2)-(4),
(f)(7), (f)(9) and (f)(12)-(13) and NOTE refiled 2-10-2006 as an emergency;
operative 2-10-2006 (Register 2006, No. 6). A Certificate of Compliance must be
transmitted to OAL by 6-12-2006 or emergency language will be repealed by
operation of law on the following day.
30. Reinstatement of section
as it existed prior to 2-10-2006 emergency amendment by operation of Government
Code section 11346.21(f) (Register 2006, No. 24).
31. Amendment of
first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13)
and NOTE refiled 6-16-2006 as an emergency; operative 6-16-2006 (Register 2006,
No. 24). A Certificate of Compliance must be transmitted to OAL by 10-16-2006
or emergency language will be repealed by operation of law on the following
day.
32. Certificate of Compliance as to 6-16-2006 order transmitted
to OAL 9-7-2006 and filed 10-11-2006. Further amendments to emergency language
effective 1-1-2007 pursuant to Public Resources Code section
4554.5(a)
(Register 2006, No. 41).
33. Amendment of subsections (i)(3), (i)(6)
and (i)(8)-(i)(8)(A), repealer of former subsection (i)(10), new subsections
(i)(10)(A)-(i)(10)(B)(iii) and amendment of subsections (i)(11), (i)(13) and
(i)(15) filed 11-13-2007; operative 1-1-2008 (Register 2007, No.
46).
34. Amendment of subsections (i)(9), (i)(10)(A)-(i)(10)(A)(ii)
and (i)(10)(B)-(i)(10)(B)(ii) and new subsection (i)(10)(C) filed 11-7-2008;
operative 1-1-2009 pursuant to Public Resources Code section
4554.5(a)
(Register 2008, No. 45).
35. Change without regulatory effect
amending subsection (i)(3) filed 2-25-2009 pursuant to section
100, title 1, California Code of
Regulations (Register 2009, No. 9).
36. Amendment of subsection (e)
and new subsections (j)-(j)(18) filed 11-25-2014; operative 1-1-2015 pursuant
to Public Resources Code section
4554.5
(Register 2014, No. 48).
37. Change without regulatory effect
amending subsections (i), (i)(7) and (i)(10)(B)(i) filed 12-10-2014 pursuant to
section 100, title 1, California Code of
Regulations (Register 2014, No. 50).
38. Amendment of subsections
(c)-(c)(1) and (c)(3)-(c)(5)(B), new subsections (c)(6)-(c)(6)(F) and amendment
of NOTE filed 6-22-2015 as an emergency; operative 6-22-2015 (Register 2015,
No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2015
or emergency language will be repealed by operation of law on the following
day.
39. New subsections (k)-(k)(8) filed 7-13-2015 as an emergency;
operative 7-13-2015 (Register 2015, No. 29). A Certificate of Compliance must
be transmitted to OAL by 1-11-2016 or emergency language will be repealed by
operation of law on the following day.
40. Certificate of Compliance
as to 6-22-2015 order, including new subsection (c)(6)(F), subsection
relettering and amendment of NOTE, transmitted to OAL 10-14-2015 and filed
11-3-2015; amendments operative 1-1-2016 pursuant to Public Resources Code
section
4554.5(b)
(Register 2015, No. 45).
41. Amendment of subsections (i)(3), (i)(7)
and (i)(8)(A), repealer of subsection (i)(15), new subsections
(j)(5)(A)-(j)(5)(A)4., subsection relettering, amendment of newly designated
subsection (j)(5)(B), redesignation of former subsections (j)(5)(A)(i)-(iv) as
new subsections (j)(5)(B)1.-4. and amendment of subsection (j)(7) filed
11-23-2015; operative 1-1-2016 pursuant to Public Resources Code section
4554.5
(Register 2015, No. 48).
42. New subsections (k)-(k)(8) refiled
12-29-2015 as an emergency; operative 1-12-2016 (Register 2016, No. 1). A
Certificate of Compliance must be transmitted to OAL by 4-11-2016 or emergency
language will be repealed by operation of law on the following
day.
43. New subsections (k)-(k)(8) refiled 4-6-2016 as an
emergency; operative 4-12-2016 (Register 2016, No. 15). A Certificate of
Compliance must be transmitted to OAL by 7-11-2016 or emergency language will
be repealed by operation of law on the following day.
44.
Certificate of Compliance as to 4-6-2016 order, including amendment of first
paragraph, new subsections (k)(4) and (k)(10), subsection renumbering,
amendment of subsection (k) and its subsections and amendment of NOTE
transmitted to OAL 6-6-2016 and filed 7-18-2016; amendments effective 7-18-2016
pursuant to Government Code section
11343.4(b)(3)
(Register 2016, No. 30).
45. Change without regulatory effect
amending subsections (j)(8) and (j)(15), adopting new subsection (j)(18),
renumbering subsections and amending newly designated subsection (j)(19) filed
4-18-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 16).
46. Amendment of subsection
(h)(2) and amendment of NOTE filed 6-2-2017; operative 1-1-2018 pursuant to
Public Resources Code section
4554.5(a)
(Register 2017, No. 22).
47. Change without regulatory effect
amending subsection (j)(4) filed 9-7-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 36).
48. Amendment of subsection (e)
and new subsections (l)-(l)(8) filed 11-15-2017; operative 1-1-2018 pursuant to
Public Resources Code section
4554.5
(Register 2017, No. 46).
49. New subsections (m)-(m)(8)(A) and
amendment of NOTE filed 1-25-2018 as an emergency; operative 1-25-2018
(Register 2018, No. 4). A Certificate of Compliance must be transmitted to OAL
by 7-24-2018 or emergency language will be repealed by operation of law on the
following day.
50. Change without regulatory effect amending
subsection (m)(6) filed 2-6-2018 pursuant to section
100, title 1, California Code of
Regulations (Register 2018, No. 6).
51. Change without regulatory
effect amending Technical Rule Addendum No. 4 filed 3-27-2018 pursuant to
section 100, title 1, California Code of
Regulations (Register 2018, No. 13).
52. New subsections
(m)-(m)(8)(A) and amendment of NOTE refiled 7-5-2018 as an emergency; operative
7-25-2018 (Register 2018, No. 27). A Certificate of Compliance must be
transmitted to OAL by 10-23-2018 or emergency language will be repealed by
operation of law on the following day.
53. New subsections
(m)-(m)(8)(A) and amendment of NOTE refiled 10-16-2018 as an emergency;
operative 10-24-2018 (Register 2018, No. 42). A Certificate of Compliance must
be transmitted to OAL by 1-22-2019 or emergency language will be repealed by
operation of law on the following day.
54. New subsections
(n)-(n)(7)(A) filed 10-29-2018 as an emergency; operative 10-29-2018 (Register
2018, No. 44). A Certificate of Compliance must be transmitted to OAL by
4-29-2019 or emergency language will be repealed by operation of law on the
following day.
55. Amendment of section filed 11-13-2018; operative
1-1-2019 pursuant to Public Resources Code section
4554.5
(Register 2018, No. 46).
56. Repeal of 10-24-2018 emergency
amendment by operation of Government Code section
11346.1(f)
(Register 2019, No. 4).
57. Amendment filed 2-19-2019 as an
emergency; operative 2-19-2019 (Register 2019, No. 8). Pursuant to Statutes
2018, chapter 626, section 46 (SB 901), this amendment is deemed an emergency
and shall remain in effect until revised by the Board of Forestry and Fire
Protection.
58. Readoption of 10-29-2018 order filed 3-29-2019 as an
emergency; operative 3-29-2019 (Register 2019, No. 13). A Certificate of
Compliance must be transmitted to OAL by 6-27-2019 or emergency language will
be repealed by operation of law on the following day.
59. Readoption
of 3-29-2019 order filed 6-27-2019 as an emergency; operative 6-27-2019
(Register 2019, No. 26). A Certificate of Compliance must be transmitted to OAL
by 9-25-2019 or emergency language will be repealed by operation of law on the
following day.
60. Readoption of 2-19-2019 order refiled 8-1-2019 as
an emergency, including further amendments; operative 8-1-2019 (Register 2019,
No. 31). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), the
amendment shall remain in effect until revised by the Board of Forestry and
Fire Protection.
61. New subsections (g)-(g)(5) filed 11-14-2019;
operative 1-1-2020 pursuant to Public Resources Code section
4554.5(a)
(Register 2019, No. 46).
62. Change without regulatory effect
amending subsection (c)(6)(E) filed 1-10-2022 pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 2).
Note: Authority cited: Sections 4551, 4553, 4584 and 4584.1, Public Resources Code. Reference: Sections 4290, 4291, 4516, 4527, 4584, 4584.1 and 4597, Public Resources Code; and EPIC v. California Department of Forestry and Fire Protection and Board of Forestry (1996) 43 Cal. App.4th 1011.