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 1092.01 - PTEIR and PTHP

Universal Citation: 14 CA Code of Regs 1092.01

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

(a) A Program Timber Harvesting Plan (PTHP) may be filed for ownerships where a PTEIR has been certified by the Director.

(b) The PTEIR shall assess impacts and provide mitigation for those on and off-site impacts resulting from Timber Operations involved with an ownership, portion of an ownership, or multiple ownerships. Use of the PTEIR establishes the need for a separate THP process which is provided in this Article. The PTHP relies upon the environmental analysis contained in the PTEIR. All PTHPs shall be accompanied by a checklist which will demonstrate that the proposed operations are within the scope of the PTEIR. The PTHP fulfills the requirements of CEQA by being written within the scope of the analysis contained in the PTEIR. The PTHP also must meet the requirements of the Forest Practice Act and the Rules of the Board.

(c) The checklist which accompanies a PTHP must be developed in each PTEIR to address the site specific impacts and practices for each ownership, portion of an ownership, or multiple ownerships. The checklist shall indicate mitigation to be applied in all areas of resource protection addressed in the PTEIR for individual and cumulative Effects, including but not limited to air, wildlife, water, soil, recreation, hazard reduction, pest protection, noise, aesthetics, cultural resources, areas regulated by the Board in §§ 4513, 4551, 4551.5, 4561, and 4581 of the Public Resources Code.

(d) Where a PTHP is found by the Director not to be within the scope of the PTEIR, the PTHP submitter has the following alternatives:

1) the PTHP may be modified to be within the scope of the PTEIR,

2) the PTHP may be withdrawn and submitted as a THP under the Functional equivalent process, or

3) an addendum supplement or subsequent PTEIR may be prepared and certified which addresses any remaining impacts identified in the PTHP.

(e) A PTHP shall be limited to an area with reasonably similar timber geology, soil, topography, climate, and Stream characteristics that would constitute a logical harvesting unit. A PTHP should be limited to that area on which Timber Operations normally will be completed in one 12-month period, but in no case shall it extend beyond five (5) years after the PTHP is determined to be in conformance or otherwise becomes effective under PRC § 4582.7, unless an amendment to extend the effective period is submitted and accepted by the Department per PRC § 4590(a)(1). PTHPs shall be limited to lands within a particular forest District.

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. Editorial correction of subsection (b) (Register 99, No. 26).
3. 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.
4. Change without regulatory effect amending subsection (e) filed 12-10-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 50).
5. Amendment of subsection (e) filed 11-23-2015; operative 1-1-2016 pursuant to Public Resources Code section 4554.5 (Register 2015, No. 48).
6. 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, 4553 and 4590(a)(1), Public Resources Code.

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