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 6.8 - Program Timberland Harvesting Plan
Section 1092 - Rule Application
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Where the abbreviation "THP", the term "Timber Harvesting Plan", or the word "Plan" is used in Chapter 4, Subchapters 1 through 6 and Chapter 4.5 it shall also mean "PTHP". In Subchapter 7, this equivalency will occur for all sections except §§ 1032 through 1042.
(b) Within 14 CCR Division 1.5, Chapter 4, Subchapters 4-6, Articles 2,3,4,5,6,7,8,9,11,12,13, and 14, the operational (specific prescriptive) standards of the Rules shall apply to all Timber Operations conducted under a PTHP. However, as necessary for site-specific Project level management, alternate standards can be developed which provide equal or better protection to the resource which may be impacted. These alternate standards may only be accepted by the Director when the PTEIR provides an analysis demonstrating that implementation will result in impacts which are below the level of significant effect on the environment as defined in the State CEQA Guidelines (14 CCR § 15382) and other applicable state laws.
(c) Where the PTEIR has adequately addressed an environmental impact, the PTHP need only include reference to the PTEIR provisions. Alternate standards may only be used in a PTHP where the analysis of potential impacts and mitigations in the PTEIR is of such detail that a reasonable Person could reach a conclusion that the resulting impacts would be less than significant.
(d) Within 14 CCR Division 1.5, Chapter 4, Subchapters 1, and 3-6, the planning (performance) standards which are to be incorporated into a THP under the Functional equivalent process shall be addressed within the PTEIR to achieve the performance objectives set forth in the intent language of the regulation. The PTEIR shall demonstrate how resource protection set forth in the intent of the Act is provided for on the area encompassed by the PTEIR.
1. New
section filed 8-10-98; operative 1-1-99 pursuant to Public Resources Code
section
4554.5(b)
(Register 98, No. 33).
2. Change without regulatory effect amending
section heading and removing pre-1999 version of section filed 4-20-2010
pursuant to section
100, title 1, California Code of
Regulations (Register 2010, No. 17). For prior history, see Register 96, No. 48
and Register 98, No. 33.
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 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.
