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 6.5 - Nonindustrial Timber Management Plan Administration
Section 1090.26 - Change of Timberland Owner(s)
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Upon a change of ownership of the land described in the NTMP, the transferring Nonindustrial Tree Farmer(s) or the Designated Agent shall provide the acquiring timberland owner(s) with a written transfer of responsibilities notice that discloses the existence of the NTMP and informs the acquiring timberland owner(s) of the need to notify the Department of the acquiring timberland owner's(s') intent to assume the responsibilities of the NTMP. The transferring Nonindustrial Tree Farmer(s) shall also send the Department a copy of the transfer of responsibilities notice provided to the acquiring timberland owner(s).
(b) If the transferring Nonindustrial Tree Farmer(s) fails to provide the notice required in 14 CCR § 1090.26(a) and the Department discovers the change of ownership, the Department shall provide the acquiring timberland owner(s) with the transfer of responsibilities notice.
(c) The acquiring timberland owner(s) shall have one (1) year from the date of receipt of the transfer of responsibilities notice pursuant to either 14 CCR § 1090.26(a) or 1090.26(b), whichever is applicable, to notify the Department in writing of their intent to assume the responsibilities of the NTMP. If the Department does not receive notification within this period, the Department may cancel the NTMP.
(d) A violation of this section by a timberland owner(s) or Nonindustrial Tree Farmer(s) does not constitute a crime pursuant to PRC § 4601.
(e) After a Plan is found in conformance with the Rules, the Director may file a notice of stocking requirements on the property with the recorder of the county within which the Plan is located if any area logged under a Notice of Timber Operations has not had a report of satisfactory Stocking issued by the Director.
1. New
section filed 7-11-91; operative 8-12-91 (Register 91, No. 44).
2.
Amendment of section heading and section filed 6-2-2017; operative 1-1-2018
pursuant to Public Resources Code section
4554.5(a)
(Register 2017, No. 22).
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 filed 11-14-2019;
operative 1-1-2020 pursuant to Public Resources Code section
4554.5
(Register 2019, No. 46).
Note: Authority cited: Stats. 1989, Ch. 1290, Sec. 13; and Sections 4551 and 4593.10, Public Resources Code. Reference: Sections 4593, 4593.4 and 4593.10, Public Resources Code.
