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 1091.15 - Requests for Renewal of Approved Sustained Yield Plans
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Director's determination shall be based upon multi-disciplinary review and evaluation of the elements of the successive SYP submission to determine if the successive SYP satisfies the requirements of MSP, identifies potentially significant adverse impacts, and includes Feasible mitigation measures for avoidance or minimization of such impacts. The submitter is encouraged to consult with review team agencies prior to submission of a successive SYP for review by the Director.
A request for renewal of an approved SYP shall be submitted to the Director no less than six months prior to expiration of the previously approved SYP and shall be subject to the review timelines specified in 14 CCR § 1091.15, subsections (b)-(f). In the event that the Director cannot meet the specified review timelines and the previously approved SYP expires prior to approval of the successive SYP, the submitter may continue to operate under a THP pursuant to 14 CCR § 913.11 [933.11, 953.11], subsection (c) while the request for SYP renewal remains under review by the Director.
(a) Requests for renewal of an approved SYP shall comply with the SYP content requirements specified in Article 6.75 of Subchapter 7, and shall identify the general nature and location within the document of each substantive difference between the successive SYP submission and the previous approved SYP document. Substantive differences include changes in Long Term Sustained Yield estimates for achieving MSP, changes in fish, wildlife, and watershed assessment; and proposed changes to previously approved mitigations, resource protection measures, or operation standards.
(b) Within 20 days of the receipt of a successive SYP submission, the Director shall determine if the document is complete, accurate, and in proper order. If so, the successive SYP submission shall be filed. If the document is not acceptable for filing, the Director shall return it to the submitter with a written explanation of the deficiencies. Where the Director does not make this determination within 20 days, the successive SYP shall be deemed filed.
(c) Once the successive SYP document has been accepted for filing, the Director shall have 60 days or longer, as mutually agreed to by the submitter, to conduct agency and public review of the successive SYP.
(d) Public Notice of Request for Renewal of Approved SYP. The Director shall transmit notice to the public and agencies consistent with the noticing requirements of 14 CCR §§ 1037.5 and § 1037.1, subsections (b)(1)-(5). The Notice shall advise the public of the name of the submitter, geographic location of the successive SYP, location(s) where a copy of the successive SYP document can be reviewed or obtained, and when and where the public hearing will be held.
(e) Public Hearing. The Director shall hold a public hearing on the successive SYP submission within 30 days from the start of the public review period. The submitter shall participate with the Director in that hearing. The Director shall make a copy of the final draft of the successive SYP document available for public review no sooner than 15 days prior to the close of the agency and public review period.
(f) Director's Determination Period. At the end of the public review and comment period, the Director shall have 15 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 successive SYP is in conformance with the Rules. If the document is found to be in conformance, it shall be approved by the Director.
(g) Disapproval of Successive SYP. If the Director does not approve a successive SYP, the Director shall provide written reasons for disapproval that conform with the requirements of 14 CCR § 1054. Appeal of the Director's decision on a successive SYP submission shall be conducted pursuant to 14 CCR § 1091.11.
1. New
section filed 10-26-2009; operative 1-1-2010 pursuant to Public Resources Code
section
4554.5
(Register 2009, No. 44).
2. Change without regulatory effect
amending section filed 10-31-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 44).
3. Change without regulatory
effect amending first paragraph and amending NOTE filed 1-7-2020 pursuant to
section 100, title 1, California Code of
Regulations (Register 2020, No. 2).
Note: Authority cited: Sections 4551, 4553 and 4561, Public Resources Code. Reference: Sections 4551.3, 4551.5, 4561, 21003 and 21068.5, Public Resources Code.
