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 1052.4 - Emergency Notice for Fuel Hazard Reduction

Universal Citation: 14 CA Code of Regs 1052.4

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

The RPF preparing the Notice of Emergency Timber Operations for Fuel Hazard Reduction shall describe the nature of the Emergency and the need for immediate cutting in sufficient detail so that the reason for the Emergency is clear. Emergency Timber Operations, under the presumed Emergency standard of 14 CCR § 1052.1, may be commenced and conducted when in conformance with the following:

(a) RPF develops and documents the vegetative treatments necessary to meet the goals of 14 CCR § 1052.1(a)(5), and ensures postharvest conditions are in accordance with all subsections in 14 CCR § 1052.4. Such documentation shall include the following:

(1) A description of the preharvest stand structure, statement of the postharvest stand Stocking levels, and description of postharvest stand structure.

(2) A description of the criteria to designate trees to be harvested or trees to be retained, including those trees harvested pursuant to 14 CCR § 1052.4(d)(1)(A) and (d)(2).

(3) 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. When trees are sample marked, the designation prescription for unmarked areas shall be in writing and the sample mark area shall include at least 10% 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 Harvest Area.

(b) The conditions of 14 CCR §§ 1038.1(c)(5)-(14) and 1038.3(p) are applied and, for operations in the Lake Tahoe Region, 14 CCR § 1038.1(b) is applied.

(c) Geographic area: operations are permitted:

(1) Within one-quarter ( 1/4) mile from Approved and Legally Permitted Structures that comply with the Building Standards Code (legal structure). Such legal structures shall be within or adjacent to a community listed in the "List of Communities at Risk" (As published April 13, 2019 and hereby incorporated by reference) and have densities greater than one (1) structure per twenty (20) acres; or

(2) Within five hundred (500) feet of:
(A) A legal structure outside the area defined in 14 CCR § 1052.4(c)(1); or

(B) Either side of a federal or Public Road; or

(C) Either side of a private road providing access to legal structures; or

(D) Either side of haul roads suitable for evacuation or fire suppression with the written concurrence of a Public Fire Agency and determined by the Director to be consistent with the purpose of the Act and Rules; or

(E) Either side of ridges suitable for fire suppression with the written concurrence of a Public Fire Agency and determined by the Director to be consistent with the purpose of the Act and Rules; or

(F) Infrastructure including electrical distribution and transmission facilities, water reservoirs or other conveyances, wastewater facilities or conveyances, communication and data transmission and distribution facilities, or other assets or infrastructure at risk with the written concurrence of a Public Fire Agency and determined by the Director to be consistent with the purpose of the Act and Rules.

(d) Vegetation Treatments: Tree removal shall target Codominant and Understory trees. The residual stand shall consist primarily of well-distributed, healthy and vigorous Dominant and Codominant trees from the preharvest stand.

(1) The following restrictions exist related to the diameter of trees that may be harvested pursuant to this section:
(A) Only trees less than thirty (30) inches in stump diameter, measured at eight (8) inches above ground level, may be removed except under the following condition: if the goal of fuel reduction cannot be achieved by removing trees less than thirty (30) inches in stump diameter, measured at eight (8) inches above ground level; trees less than thirty-six (36) inches in stump diameter, measured at eight (8) inches above ground level, may be removed if that removal is necessary to meet the fuel objectives stated in 14 CCR § 1052.1(a)(5).

(B) No trees of the genus Quercus that are greater than twenty-six (26) inches outside bark stump diameter, measured at eight (8) inches above ground level, may be removed.

(2) Notwithstanding 14 CCR § 1052.4(d)(1)(A) and (B), dead or Dying trees, of any size, may be removed according to the standards of 14 CCR § 919.1 [939.1, 959.1], as applicable.

(3)
(A) The following canopy retention requirements are applicable to Timber Operations conducted pursuant to 14 CCR §§ 1038(f) and 1038.3: Minimum post treatment Canopy closure of Dominant and Codominant trees shall be 40% for east side pine forest types; 50% for coastal redwood and Douglas-fir forest types in or adjacent to communities and legal structures referenced in 14 CCR § 1052.4(c)(1) and (c)(2)(A); 60% for coastal redwood and Douglas-fir forest types outside of communities and legal structures referenced in 14 CCR § 1052.4(c)(1) and (c)(2)(A); and 50% for mixed conifer and all other forest types.

(B) The following canopy retention requirements are applicable to emergency Timber Operations conducted pursuant to 14 CCR § 1052.4:
1. Except for the conditions described within 2. below, minimum post treatment Canopy closure of Dominant and Codominant trees shall be 30% for east side pine forest types; 40% for coastal redwood and Douglas-fir forest; and 40% for mixed conifer and all other forest types.

2. When the average diameter of residual trees within the Harvest Area is less than sixteen (16) inches d.b.h. and the pre-treatment stand conditions described within 14 CCR § 1052.4(a)(1) are representative of homogenous forest stand conditions typical of plantations (such as homogeneity in: age distribution, d.b.h., height, or species composition), either of the retention standards set forth in a. or b. below must be achieved.
a. Minimum post treatment Canopy closure of Dominant and Codominant trees shall be 30% for east side pine forest types; 40% for coastal redwood and Douglas-fir forest; and 40% for mixed conifer and all other forest types.

b. A minimum of sixty-five (65) trees per acre over four (4) inches d.b.h. shall be retained.

(4)
(A) Within the Harvest Area, Surface Fuels, Ladder Fuels, Slash, Woody Debris, and dead brush that will promote the spread of wildfire shall be treated as follows:
1. Those fuels described within (A) above, excluding residual stand Dominant and Codominant trees and any dead branches on those trees, shall be spaced to achieve vertical clearance distance of eight (8) feet or three (3) times the height of the postharvest fuels and vegetation, excluding Dominant and Codominant trees, whichever is the greater distance, measured from the base of the live crown of the postharvest Dominant and Codominant trees to the top of the Surface or Ladder Fuels or vegetation, whichever is taller.

2. Additional fuel treatment standards are as follows:
a. Within one hundred-fifty (150) feet of those structures identified within 14 CCR § 1052.4(c)(1) and (c)(2)(A), all Surface Fuels, Slash, Woody Debris, and dead brush that will promote the spread of wildfire shall be chipped, burned, or removed within forty-five (45) days from the start of Timber Operations.

b. Except for those areas described in provision a. above, all Surface Fuels, Slash, Woody Debris, and dead brush that will promote the spread of wildfire, within the Harvest Area, shall be treated to an average depth of less than nine (9) inches.

(B) Postharvest compliance shall be determined by the combination of physical measurements and observations. Postharvest compliance shall be met on at least 80% of the Project area as calculated excluding WLPZs and other wildlife protection requirements developed in accordance with 14 CCR § 1052.4(g).

(C) The requirements of this subsection shall not supersede requirements of PRC § 4291.

(5) Fuel treatments shall include chipping, removal or other methods necessary to achieve the fuel hazard reduction standards in this section, and, notwithstanding the requirements of 14 CCR § 1052.4(d)(4)(A)2.a., shall be accomplished within one (1) year from the date the Emergency Notice is accepted by the Director, except for burning operations, which instead shall be completed within two (2) years from the date the Director accepts the notice.

(e) Stocking shall meet the resource conservation standards for minimum Stocking within 14 CCR § 912.7 [932.7, 952.7] (a)-(c), as applicable, immediately upon completion of Timber Operations. Because the lands treated pursuant to 14 CCR § 1052.4 are designated as defensible space or Fuelbreak areas, the wood production potential of these lands is compatible with the lowest Site Classifications and they shall be considered site IV Timberland for Stocking purposes.

(f) The resource conservation standards of the Rules may be met with Group A and/or Group B commercial species. The percentage of the stocking requirement met with Group A species shall be no less than the percentage of the stand basal area they comprised before harvesting. The following information shall be supplied by the RPF preparing the Notice and included in submission of the Notice:

(1) How using Group B species to meet the resource conservation standards will meet the intent of 14 CCR § 1052.4. The discussion shall include at least:
(A) The management objectives of the post-harvest stand.

(B) A description of the current stand, including species composition and current stocking levels within the area of Group B species. The percentage may be measured using point-count, basal area, or stocked plots.

(C) The percentage of the post-harvest stocking to be met with Group B species. Post-harvest percentages will be determined on the basis of stocked plots. Only the methods provided for in 14 CCR §§ 1070-1075 shall be used in determining if the standards of PRC § 4561 have been met.

(D) A description of what will constitute a countable tree, as defined by PRC § 4528 for Group B species, and how such a tree will meet the management objectives of the post-harvest stand.

(g) As part of the preharvest Project design, the RPF shall incorporate habitat requirements for fish, wildlife and plant Species in accordance with 14 CCR §§ 898.2, 916.9 [936.9, 956.9] and 919 [939, 959] et seq. Such evaluations shall include use of the California Natural Diversity Database (as referenced by the CDFW, https://www.wildlife.ca.gov/Data/CNDDB) and local knowledge of the Planning Watershed. Consultation with CDFW personnel is recommended. Examples of habitat requirements to be incorporated into the Project include retention of large Woody Debris and Snags congruent with Emergency condition goals, and vegetative screening for wildlife cover and visual aesthetics.

(h) Before commencement of Timber Operations by each LTO directly responsible for Timber Operations identified on the Notice, the RPF who prepared the Notice, or their Supervised Designee, shall meet with either the LTO or the LTO's representative. The purpose of the meeting shall be for the RPF to familiarize the LTO with the Notice, the Harvest Area described within the Notice, and specific applicable requirements of the Notice. The meeting shall be on-site if requested by either the RPF or LTO. An on-site meeting is required between the RPF or Supervised Designee familiar with on-site conditions and the LTO to discuss protection of any archaeological or historical sites requiring protection, if any such sites exist within the site survey area, pursuant to 14 CCR § 929.2 [949.2, 969.2] (b).

1. New section filed 6-25-2004 as an emergency; operative 6-25-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2004 as an emergency; operative 10-26-2004 (Register 2004, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-23-2004 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-22-2005 as an emergency; operative 2-24-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-24-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-22-2005 order transmitted to OAL 6-23-2005 and filed 8-5-2005. Amendments to emergency language effective 1-1-2006 pursuant to Public Resources Code section 4554.5(a) (Register 2005, No. 31).
5. Amendment of section heading and section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
6. Amendment of subsections (a), (a)(4), (d)(1), (d)(5)(A)-(d)(5)(A)2. and (d)(5)(B)-(d)(5)(B)2. and new subsection (d)(5)(C) filed 10-22-2008; operative 11-21-2008 (Register 2008, No. 43).
7. Amendment of subsection (d)(6) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
8. Change without regulatory effect amending section heading and removing pre-2006 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
9. Change without regulatory effect amending subsection (e) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
10. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
11. Amendment filed 8-9-2019 as an emergency; operative 8-14-2019 (Register 2019, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-10-2020 or emergency language will be repealed by operation of law on the following day.
12. Amendment refiled 1-30-2020 as an emergency; operative 2-10-2020 (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-11-2020 or emergency language will be repealed by operation of law on the following day.
13. Amendment refiled 4-29-2020 as an emergency; operative 5-11-2020 (Register 2020, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-10-2020 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-29-2020 order, including further amendment of section, transmitted to OAL 7-24-2020 and filed 9-17-2020; amendments effective 1-1-2021 pursuant to Government Code section 11343.4(b)(1) and Public Resources Code section 4554.5 (Register 2020, No. 38). Filing deadlines specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
15. Amendment of subsection (d)(5) filed 8-5-2021 as an emergency; operative 8-5-2021 (Register 2021, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
16. Amendment of subsection (d)(5) refiled 1-6-2022 as an emergency; operative 2-2-2022 (Register 2022, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-3-2022 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of HISTORY 14 (Register 2022, No. 18).
18. Certificate of Compliance as to 1-6-2022 order transmitted to OAL 3-23-2022 and filed 5-5-2022; effective 1-1-2023 amendments effective 1-1-2021 pursuant to Government Code section 11343.4(b)(1) and Public Resources Code section 4554.5 (Register 2022, No. 18).

Note: Authority cited: Sections 4551, 4551.5, 4552, 4553 and 4592, Public Resources Code. Reference: Sections 4513, 4554, 4555, 4561, 4562, 4584, 4592, 21001(f) and 21080(b)(4), Public Resources Code.

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