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 1092.04 - Program Timber Harvesting Plan (PTHP) Submittal

Universal Citation: 14 CA Code of Regs 1092.04

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

(a) A PTHP shall be submitted by the Person who owns, leases, contracts, or operates on Timberland and Plans to harvest timber for commercial purposes.

(b) Where the land or timber is owned or operated by parties other than the Person executing the PTHP the Person submitting the PTHP shall give prompt written notice of such PTHP to those parties.

(c) The RPF preparing the PTHP shall submit to the Director, with the PTHP, a copy of a Notice of Intent to Harvest:

(1) if any proposed boundary lies within 300 feet of any property not owned by the Timberland owner, or

(2) any PTHP amendment that changes a PTHP boundary so that the new boundary lies within 300 ft. of property not owned by the Timberland owner.

(d) A Notice of Intent shall include the following information:

(1) The names of the Timberland owner, the RPF who prepared the PTHP, and the PTHP submitter.

(2) The location of the PTHP area by county, section, township, and range, and the approximate direction and distance to the PTHP area from the nearest community or well-known landmark.

(3) The name of and distance from the nearest perennial Watercourse flowing through or downstream from the PTHP area.

(4) The acres proposed to be harvested.

(5) The Silvicultural Systems to be used, including Regeneration Methods, Intermediate Treatments, Special Prescriptions, and Alternative Prescriptions.

(6) The estimated earliest date that the Director may approve the PTHP. This is 15 days from receipt of the PTHP by the Department, except in counties for which Rules and regulations have been adopted pursuant to §§ 4516.5 and 4516.8 of the PRC where the earliest date the Director may approve the PTHP is 45 days after the receipt of the PTHP by the Department.

(7) A statement that the public may review the PTHP at the appropriate CAL FIRE Review Team Office and that a copy of the PTHP may be obtained from the Department upon payment of the applicable charge.

(8) A map which provides the approximate boundary of the PTHP area, a map legend, and a scale.

(9) A statement that questions or concerns regarding the specific PTHP should be directed to the appropriate CAL FIRE Review Team Office.

(e) The RPF preparing the PTHP shall furnish to the Department at the time of submission of the PTHP the names and mailing addresses of all property owners within 300 ft. of the PTHP boundary. Either a list compiled from the latest equalized assessment roll or a list provided by a title company doing business in California compiled within 60 days of submission of the PTHP shall be deemed sufficient for compliance with the subsection.

(f) The Department shall mail copies of the Notice of Intent within two working days of receipt of the PTHP to all Persons identified in (e) above.

(g) Before PTHP submission, the Person submitting the PTHP shall post a copy of the Notice of Intent including a map as described in (d)(8) at a conspicuous location on the Public Road nearest the PTHP site. The Notice shall be on colored paper or identified with colored flagging so as to be easily visible to the public.

(h) A statement of whether there is a known overhead electric power line on the proposed Plan area except lines from transformers to service panels.

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Change without regulatory effect amending subsections (d)(7) and (d)(9) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
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 of subsection (d)(5) filed 10-27-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5 (Register 2022, No. 43).

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Section 4581, Public Resources Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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