Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A Modified THP
for Fuel Hazard Reduction (hereafter also referred to as "MTHP-FHR") may be
filed by a Plan submitter for a Project area not to exceed 2,500 acres,
providing that the following conditions and mitigations are met:
(1) An average of at least 40% of the
existing Overstory tree Canopy shall be retained. The Canopy retained shall be
well distributed over the Harvest Area.
(2) Prescribed fuel hazard reduction to
promote Project area resiliency to wildfire is recognized as an Intermediate
Treatment rather than a Regeneration Method. Therefore, clearcutting as defined
in 14 CCR
§§
913.1(b),
933.1(b), and
953.1(b) shall
not be used, except for legally permitted utility corridors or road
construction. Silvicultural methods that may be used are commercial thinning
pursuant to
14 CCR
§§
913.3(a),
933.3(a), and
953.3(a),
rehabilitation as constrained by 14 CCR §§ 1051.3-1051.7 and pursuant
to 14 CCR
§§
913.4(b),
933.4(b), and
953.4(b), and
Fuelbreak/defensible space pursuant to
14 CCR
§§
913.4(c),
933.4(c), and
953.4(c).
(3) Stocking Standards, specific to the
silvicultural method selected, must be met immediately after harvesting
operations are completed, except as explained and justified for specific
instances where the rehabilitation method is proposed and will result in
post-harvest stands that cannot meet Stocking Standards.
(4) The rehabilitation method may be used
where understocked areas such as brushfields have been identified for treatment
in a federal, state, or local fire Plan document for the purpose of reducing
fire risk to a public asset including, but not limited to, transportation
corridors and utilities, or is adjacent to a community listed in the
"California Fire Alliance List of Communities at Risk" (available at
https://bof.fire.ca.gov/media/0x5eysuw/ada-communities-at-risk.pdf).
Not more than 10% of the MTHP-FHR area, not to exceed 250 acres, may be
harvested under the rehabilitation method, when explained and justified by the
RPF and approved by the Director.
(5) No operations shall occur in areas having
Average Slopes greater than 50% based upon sample areas that are 20 acres in
size, and no Tractor Operations in areas with high or extreme Erosion Hazard
Ratings.
(6) No construction of new
skid trails shall occur on slopes over 40%.
(7) The following operations may occur in
Special Treatment Areas: log hauling on existing roads not requiring
reconstruction, and other operations as approved by the Director where such
operations are consistent with the intent and purpose of the Special Treatment
Area.
(8) No Timber Operations
shall occur on Slide Areas or Unstable Areas.
(9) Timber harvesting in a Class II WLPZ for
a Watercourse that is dry by July 15 of any year may be proposed by the RPF and
approved by the Director. When proposed, the RPF shall explain and justify the
treatment, and provide a written analysis of the potential for significant
adverse effects to the Class II WLPZ that could result from the proposed
operations. The focus of Class II WLPZ treatments shall be removal of surface
and Ladder Fuels, and no less than 70% of the existing Overstory Canopy layer
shall be retained. Unless explained and justified, retention of the Overstory
Canopy layer shall be accomplished by leaving the existing larger Dominant and
Codominant trees.
(A) No tractor operations
shall occur within a Class II WLPZ, or Wet Meadows and Other Wet Areas, except
where the Director determines that the threat of catastrophic wildfire is
sufficient to justify the necessity of operations, or for maintenance of
existing roads, drainage facilities or structures. Where the Director has made
such a determination, operations may only occur where the Erosion Hazard Rating
(EHR) pursuant to
14 CCR
§§
912.5,
932.5, and
952.5 is Moderate or less and
slopes are no greater than 30%,
(B)
Tree removal by end-lining or other low-impact tree removal methods shall be
permitted in the standard width of a Class II WLPZ provided that the Plan
contains a description of specific mitigation measures designed to minimize
disruption of the soil surface, soil compaction, and damage to residual
vegetation. Low-impact tree removal techniques include, but are not limited to,
the use of low-ground pressure logging equipment.
(C) The use of existing roads within a Class
II WLPZ may be approved by the Director after compliance with the requirements
for examination, evaluation, and mitigation(s) per
14 CCR
§§
916.4(a),
936.4(a), and
956.4(a).
(10) No Listed Species will be directly or
indirectly adversely impacted by proposed Timber Operations. Except as modified
herein, all other habitat protection and retention requirements identified in
Articles 6 and 9 of the Forest Practice Rules shall apply. Where the Director
has determined that Timber Operations as proposed are likely to adversely
affect a state Listed Species or its habitat, the consultation process with
CDFW pursuant to F&GC § 2081 shall be completed before the MTHP-FHR
may be approved.
(11) As part of
the pre-harvest Project design, the RPF shall evaluate and incorporate habitat
requirements for fish, wildlife, and plant Species in accordance with the
"Joint Policy on Hardwoods" between the California State Board of Forestry and
Fire Protection and the California Fish and Game Commission" (rev. April 1999),
herein incorporated by reference, and
14 CCR
§§
916.9,
936.9, and
956.9 and §§
919,
939, and
959. Such evaluations shall
include use of the California Natural Diversity Database maintained by CDFW
(available at
https://www.wildlife.ca.gov/Data/CNDDB)
and local review agency knowledge of the Planning Watershed. Consultation with
CDFW personnel is recommended. In general, fuels management strategies should
recognize that habitat heterogeneity and fire resiliency are not mutually
exclusive. Habitats and habitat elements may include key winter range or
migration routes, late successional stands, hardwood or aspen groves, Riparian
or wetland areas, Snags, large down woody material, or den trees.
(A) Harvesting will not reduce the amount of
Timberland occupied by Late Succession Forest Stands.
(B) Where present prior to operations, the
following habitat elements shall be retained as an average across the Project
area:
1. A minimum of 2 large live cull
(green) conifer trees 24" dbh or larger per acre;
2. A minimum of two hardwood trees 24" dbh or
larger per acre;
3. A minimum of
two downed logs 20" Diameter outside bark as measured at the midpoint of the
total length of the log or larger per acre; and
4. 2% shall be left as untreated habitat
retention surrounding or in direct proximity to the habitat elements identified
in 1, 2, and 3 above.
(12) No heavy equipment operations shall
occur within potentially significant archaeological sites identified pursuant
to the criteria for a Significant Archaeological or Historical Site listed in
14 CCR
§
895.1. Directional felling and tree
removal by end lining may be approved upon the Director's determination that
such operations will not adversely affect an identified archaeological
site.
(13) Winter Timber
Operations, except as conditioned by the Director to avoid potential
significant cumulative impacts, shall be in accordance with
14 CCR
§§
914.7 (a) and
(b),
934.7 (a) and
(b), and
954.7(a) and
(b).
1. New
section filed 8-3-2011; operative 1-1-2012 pursuant to Public Resources Code
section
4554.5
(Register 2011, No. 31).
2. Change without regulatory effect
amending subsections (a)(2) and (a)(10)-(11) filed 2-17-2017 pursuant to
section 100, title 1, California Code of
Regulations (Register 2017, No. 7).
3. Change without regulatory
effect amending section filed 10-31-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 44).
4. Amendment of subsection
(a)(9)(A) filed 7-29-2022; operative 1-1-2023 pursuant to Public Resources Code
section
4554.5(a)
(Register 2022, No. 30).
5. Change without regulatory effect
amending subsection (a)(4) filed 8-1-2022 pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 31).
Note: Authority cited: Sections
4551,
4551.5
and
4593,
Public Resources Code. Reference: Sections
4512,
4513,
4551,
4551.5,
4552
and
4593,
Public Resources Code.