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 1092.21 - Special Conditions Requiring Disapproval of a PTHP

Universal Citation: 14 CA Code of Regs 1092.21

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

The Director shall disapprove a PTHP as not conforming to the Rules of the Board if any one of the following conditions exist:

(a) Boundaries of the area to be harvested are not clearly delineated in the PTHP.

(b) Public acquisition of the parcel for purposes which would be impaired by timber harvesting, is legislatively authorized, funded and imminent,

(c) There is evidence that the information contained in the PTHP is incorrect, incomplete or misleading in a material way, or is insufficient to evaluate significant environmental Effects. The sufficiency of the information provided in the PTHP to evaluate significant environmental Effects shall be judged in light of what is reasonable and necessary.

(d) Implementation of the PTHP as proposed would result in either a "taking" or finding of jeopardy of Species listed as rare, threatened or endangered under the state or federal Endangered Species Acts, or would cause significant, long-term damage to Listed Species. The Director is not required to disapprove a Plan if incidental "take" is authorized by a wildlife agency acting within its authority under state or federal endangered Species acts.

1. New section filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
2. Amendment of subsection (d) and NOTE filed 5-21-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 21).
3. Editorial correction of subsection (d) (Register 98, No. 33).
4. 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, 4555 and 4582, Public Resources Code. Reference: Sections 2053, 2080.1, 2090- 2097, 2830 and 2835, Fish and Game Code; Sections 4555, 4582.7 and 4582.75, Public Resources Code; Section 51115.1, Government Code; the federal Endangered Species Act of 1973, 16 U.S.C. et seq.; and Laupheimer v. State (1988) 200 Cal. App. 3d 440; 246 Cal. Rptr. 82.

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