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 6.75 - Sustained Yield Plan
Section 1091.10 - Review of Sustained Yield Plan (SYP)

Universal Citation: 14 CA Code of Regs 1091.10

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

The Director shall review and approve or disapprove a SYP. The Director's determination shall be based on multi-disciplinary review used to determine whether the SYP satisfies the requirements of MSP and, in case of watershed and fisheries and wildlife issues, whether the SYP identifies potentially significant adverse impacts and includes Feasible measures necessary to mitigate or avoid such impacts and is consistent with 14 CCR § 897 (b). Where significant impacts are identified and Feasible mitigation is not available, a THP relying upon the SYP shall address these remaining impacts. Reasonable Mitigation considered but rejected as infeasible shall be identified.

For purposes of PRC § 4582.7 submission of a SYP shall be deemed to constitute agreement by the SYP submitter to extend the review and comment periods to the times specified in this article.

(a) Within 20 days of receipt of an SYP, the Director shall determine if the SYP is in proper order, and meets the informational requirements of the Rules, and if so, the SYP shall be filed. If the SYP is not acceptable for filing the Director shall return the SYP with written specifications of the deficiencies.

Where the Director does not make this determination within 20 days the Plan shall be deemed filed. Once the SYP is accepted for filing the Director shall have 45 days or a longer period as mutually agreed to by the submitter and the Director to review and determine if the SYP contains sufficient and complete information to permit further review by the public and other agencies. If it does not, the Director will communicate with the submitter with written specification of the deficiencies including any information necessary to review and analyze the SYP. When the submitter provides adequate written response to each of the deficiencies, the SYP will be scheduled for further review. The Director shall deny the SYP if the information is not provided or is insufficient.

Once the SYP is ready for public and agency review the Director shall schedule a date for the start of a 90 day or longer period as mutually agreed to by the submitter and the Director.

(b) The Director shall schedule the SYP for the 90 day review as the SYP is determined to be ready for further review while considering Departmental workload.

(c) Public Notice of SYP.

The Director shall 15 days prior to the start of the 90 day scheduled review transmit notice to the public and agencies consistent with the noticing requirements of 14 CCR §§ 1037.5 and 1037.1 b(1-5). The notice shall advise the public of the name of the submitter, geographic location of the SYP, where a copy of the SYP can be reviewed or obtained and when and where the public hearing will be held.

(d) Public Hearing.

The Director shall hold a public hearing on the SYP within 45 days form the start of the Public Review Period. The SYP submitter shall participate with the Director in that hearing.

(e) Determination Period.

At the end of the review and comment period the Director shall have 30 days to review public input, consider recommendations and mitigation measures of other public agencies, respond in writing to the issues raised and determine if the SYP is in conformance with the Rules. Within this period, the Director shall make a determination of conformance.

(f) SYP Disapproval.

If the Director disapproves a SYP, the Director shall provide written reasons for disapproval that conform with 14 CCR § 1054.

1. New section filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
2. Amendment of subsection (a) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
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).

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4551.5, 4561, 21003 and 21068.5, Public Resources Code.

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