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 1038.3 - Forest Fire Prevention Exemption
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Persons who are engaged in the cutting or removal of trees, limited to those trees that eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials to reduce fire spread, duration and intensity, fuel ignitability, or ignition of tree crowns 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. This exemption shall be known as the Forest Fire Prevention Exemption. Preparation and submittal of notices of exemption under this section, or Timber Operations conducted thereunder, shall comply with the following conditions, exceptions, or requirements as described.
(a) Comply with the requirements of Title 14 CCR §§ 1038.1(c)(5), (6), (7), and (9) through (12) inclusive.
(b) This exemption shall only be used on Timberlands that are within the most recent version of the Department's Fire Hazard Severity Zone Map, which can be found on the Department's website: https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/wildland-hazards-building-codes/fire-hazard-severity-zones-maps/, that shows the exemption will occur in areas determined to be moderate, high, or very high fire threat areas.
(c) The Harvest Area shall not exceed three hundred (300) acres.
(d)
(e) The construction or reconstruction of roads, other than Temporary Roads, is prohibited. The construction or reconstruction of Temporary Roads on slopes greater than thirty (30) percent is prohibited. The construction or reconstruction of Temporary Roads on slopes of thirty (30) percent or less shall be allowed if all of the following conditions are met:
(f) The RPF responsible for submission of the notice of exemption shall designate Temporary Road locations, Landing locations, Tractor Road crossings of Class III Watercourses, Unstable Areas, or Connected Headwall Swales on the ground prior to submission of the notice of exemption.
(g) The QMD of trees greater than eight (8) inches dbh in the Harvest Area shall be increased in the post-harvest stand. The submitted notice of exemption shall report the expected post-harvest increase in QMD.
(h) Except within constructed or reconstructed Temporary Road prisms, only trees less than thirty (30) inches in stump diameter, measured eight (8) inches above ground level, may be removed.
(i) All trees that are harvested or all trees that are retained shall be marked or sample marked by, or under the supervision of, an RPF before felling operations begin. Sample marking shall be limited to homogeneous forest stand conditions typical of plantations. When trees are sample marked, the prescription for unmarked areas shall be in writing and the sample mark area shall include at least ten (10) percent of the harvest area to a maximum of twenty (20) acres per stand type which is representative of the range of conditions present in the area.
(j) If the preharvest crown canopy of Dominants and Codominants is occupied by trees less than fourteen (14) inches in dbh, a minimum of one hundred (100) trees over four inches in dbh shall be retained per acre for Site I, II, and III lands, and a minimum of seventy-five (75) trees over four inches in dbh shall be retained per acre for Site IV and V lands.
(k) The following canopy, retention, and spacing standards shall be achieved on at least eighty (80) percent of the Harvest Area:
(l) Helicopter Yarding shall be prohibited.
(m) The RPF shall comply with 14 CCR § 1035.2, relating to interaction between the LTO and the RPF.
(n) All Timber Operations conducted in the Lake Tahoe Region, if applicable, must have a valid Tahoe Basin Tree Removal Permit (as defined by the TRPA) or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA.
(o) Upon submission of the notice of exemption, a Confidential Archaeological Letter pursuant to 14 CCR § 929.1 [949.1; 969.1] must be provided to the Director and the RPF shall send a copy of the notice of exemption to Native Americans as defined in 14 CCR § 895.1.
(p) No Timber Operations on any site that satisfies the criteria listed in 14 CCR § 895.1 for a Significant Archaeological or Historical Site may be conducted (information on some of these sites may be available from the Information Centers of the California Historical Resources Information System within the Department of Parks and Recreation),
(q) If a notice of exemption has been accepted by the Director and will use pesticides or herbicides on the Harvest Area within one (1) calendar year of the date of acceptance, the timberland owner shall notify the appropriate regional water quality control board within ten (10) days prior to application of pesticides or herbicides.
(r) Subsequent to the completion of Timber Operations operating under this section, the Department shall conduct an onsite inspection to determine compliance with this section. The Department shall notify the appropriate RWQCB, the CDFW, and the CGS seven (7) days prior to conducting the onsite inspection.
(s) The notice of exemption shall be prepared, signed, and submitted by an RPF. The RPF shall be retained to oversee all construction or reconstruction of Roads and/or Landings, and provide for necessary mitigation to avoid potential impacts.
(t) The notice of exemption shall be submitted to the Director, on a form provided by the Department, prior to the commencement of Timber Operations. The form shall contain the following information:
(u) The RPF shall, upon submission of the notice of exemption:
(v) The Director shall notify the submitter of the date of the Director's receipt of the notice of exemption. Timber Operations pursuant to the notice of exemption may not commence for ten (10) working days from the date of the Director's receipt of the notice of exemption unless the delay is waived by the Director. If the notice of exemption is not complete and accurate, the Director shall notify the submitter within five (5) working days from the date of the Director's receipt, and the Timber Operations may not commence. The Director shall determine whether the notice of exemption is complete and accurate, and if so, shall send a copy of a notice of acceptance to the submitter; provided, however, if the Director does not act within ten (10) working days of receipt of the notice of exemption, Timber Operations may commence. Timber Operations may not be conducted without a copy of the Director's notice of acceptance of the notice of exemption at the operating site, except where the Director has failed to act within the ten (10) working-day review period.
(w) Before beginning Timber Operations, the RPF responsible for submittal of the notice of exemption shall notify the Department, the appropriate RWQCB, the CDFW, and the CGS of the actual commencement date of operations. The notification, by telephone, mail, or email, shall be directed to the appropriate agency personnel and contact information for the appropriate agency personnel shall be provided by the Department on the notice of exemption form. If the notification is provided by mail, Timber Operations may not commence for three (3) days after the postmark date of notification.
Note: Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections 4527, 4527.5, 4584 and 4584.2, Public Resources Code.
Note: Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections 4527, 4527.5, 4584 and 4584.2, Public Resources Code.