Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Timber Operations conducted under this subsection shall
be exempt from Conversion Permit and timber harvesting Plan requirements of
this article except no tree that existed before 1800 A.D. and is greater than
sixty (60) inches in Diameter at stump height for Sierra or Coastal Redwoods,
and forty-eight (48) inches in Diameter at stump height for all other tree
Species shall be harvested unless done so under the conditions or criteria set
forth in subsection
1104.1(i). Timber
Operations shall comply with all other applicable provisions of the
Z'berg-Nejedly Forest Practice Act, regulations of the Board and currently
effective provisions of county general plans, zoning ordinances and any
implementing ordinances. The Notice of Conversion Exemption Timber Operations
shall be considered synonymous with the term "Plan" as defined in
14 CCR
§
895.1 when applying the operational
Rules and regulations of the Board.
(a) This conversion exemption is applicable
to a conversion of Timberland to a non-timber use only, of less than three
acres in one contiguous ownership, whether or not it is a portion of a larger
land parcel and shall not be part of a THP. This conversion exemption may only
be used once per contiguous land ownership. If all or a portion of the
contiguous land ownership has been subject to prior, unpermitted timberland
conversion, a conversion exemption hereunder shall not be accepted unless the
Director determines that it would be consistent with the purposes of the Act.
No Person, whether acting as an individual, acting as a member of a
partnership, or acting as an officer or employee of a corporation or other
legal entity, may obtain more than one exemption pursuant to this section in a
five-year period. If a partnership has as a member, or if a corporation or any
other legal entity has as an officer or employee, a Person who has received
this exemption within the past five years, whether as an individual or as a
member of a partnership, or as an officer or employee of a corporation or other
legal entity, then that partnership, corporation, or other legal entity is not
eligible for this exemption. "Person," for purposes of this section, means an
individual, partnership, corporation, or any other legal entity.
(1) A Notice of Conversion Exemption Timber
Operations (notice) must be prepared by an RPF and submitted to the Director.
The notice shall contain the following:
(A)
the names, addresses, and telephone numbers of the Timber Owner, owner of the
Timberland to be converted, RPF, Timber Operator, and the submitter of the
Notice of Conversion Exemption Timber Operations;
(B) legal description of the area where the
Timber Operation is to be conducted, showing section, township, range, county
and assessor parcel number;
(C)
maps showing the ownership boundaries, the location of the Timber Operation,
boundaries of the conversion, access routes to operation, location and
classification of all Watercourses, and Landing locations;
(D) incorporation of a signed and dated
statement from the authorized designee of the County Board of Supervisors
stating that the conversion is in conformance with all county regulatory
requirements, including county public notice requirements. When counties do not
have an authorized designee, the RPF shall certify that the county has been
contacted and the conversion is in conformance with county regulatory
requirements (this may be incorporated into the notice);
(E) incorporation of a statement by the owner
of the Timberland to be converted:
1.
certifying that this is a one-time conversion to non-Timberland use,
2. certifying that after considering the
owner's own economic ability to carry out the proposed conversion and the
feasibility evaluation required by
14 CCR
§
1104.1(a)(6) that
there is "bona fide intent", as defined in
14 CCR
§
1100(b), to
convert,
3. specifying what the
non-Timberland use will be after conversion, and
4. certifying and declaring under penalty of
perjury that he/she whether acting as an individual, acting as a member of a
partnership, or acting as an officer or employee of a corporation or other
legal entity, has not obtained an exemption pursuant to this section in the
last five years unless a waiver has been granted pursuant to §
1104.1(a)(9);
and
(F) signature of the
submitter, Timberland owner responsible for the conversion, the Timber
Operator, and the RPF.
(2) The following conditions apply to
conversion exemption Timber Operations:
(A)
All Timber Operations shall be complete within one year from the date of
acceptance by the Director.
(B) All
conversion activities shall be complete within two years from the date of
acceptance by the Director unless under permit by local jurisdiction. Failure
to timely complete the conversion shall require compliance with Stocking
Standards of PRC §
4561
and Stocking report requirements of Forest Practice Act and Board
regulations.
(C) The RPF or
Supervised Designee shall visit the site and flag the boundary of the
conversion exemption Timber Operation and flag any applicable WLPZs and
Equipment Limitation Zones.
(D)
This section refers to Slash and Woody Debris resulting from Timber Operations
associated with conversion exemptions. The Timber Operator shall be the
responsible party for the treatment of logging Slash and Woody Debris.
1. Unless otherwise required, Slash greater
than one inch in Diameter and greater than two feet long, and Woody Debris,
except pine, shall receive full treatment no later than April 1 of the year
following its creation, or within one year from the date of acceptance of the
conversion exemption by the Director, whichever comes first.
2. All pine slash three inches and greater in
Diameter and longer than four feet must receive initial treatment if it is
still on the parcel, within seven (7) days of its creation.
3. All pine Woody Debris longer than four
feet must receive an initial treatment prior to full treatment.
4. Initial treatment shall include limbing
Woody Debris and cutting Slash and Woody Debris into lengths of less than four
feet, and leaving the pieces exposed to solar radiation to aid in rapid
drying.
5. Full treatment of all
pine Slash and Woody Debris must be completed by March 1 of the year following
its creation, or within one year from the date of acceptance of the conversion
exemption by the Director, whichever comes first.
6. Full Slash and Woody Debris treatment may
include any of the following:
a.
burying;
b. chipping and
spreading;
c. piling and burning;
or
d. removing Slash and Woody
Debris from the site for treatment in compliance with (a)-(b).
Slash and Woody Debris may not be burned by open outdoor
fires except under permit from the appropriate fire protection agency, if
required, the local air pollution control district or air quality management
district. The burning must occur on the property where the Slash and Woody
Debris originated.
7. Slash and Woody Debris, except for pine,
which is cut up for firewood shall be cut to lengths 24 inches or less and set
aside for drying by April 1 of the year following its creation. Pine Slash and
Woody Debris which is cut up for firewood shall be cut to lengths 24 inches or
less and set aside for drying within seven (7) days of its creation.
All treatment work must be completed prior to the
expiration date for the conversion exemption.
8. Any treatment which involves burning of
Slash or Woody Debris shall comply with all state and local fire and air
quality Rules.
9. This section does
not supersede more restrictive treatments or time frames within a Forest
district or subdistrict.
(E) Timber Operations may be conducted during
the Winter Period. Tractor Operations in the Winter Period are allowed under
any of the following conditions:
1. During
dry, rainless periods but shall not be conducted on Saturated Soil Conditions
that may produce Significant Sediment Discharge. Erosion Control structures
shall be installed on all constructed skid trails and Tractor Roads prior to
sunset if the National Weather Service forecast is a "chance" (30% or more) of
rain within the next 24 hours.
2.
When ground conditions in the conversion exemption area and Appurtenant Roads
satisfy the "hard frozen" definitions in
14 CCR
§
895.1.
3. Over-snow operations where no soil
disturbance occurs.
(F)
No Timber Operations within a WLPZ unless specifically approved by local permit
(e.g. County, City).
(G) The Timber
Operator shall not conduct Timber Operations until receipt of the Director's
notice of acceptance. Timber Operations shall not be conducted without a valid
on-site copy of the Director's notice of acceptance of operations and a copy of
the Notice of Conversion Exemption Timber Operations as filed with the
Director.
(H) No sites of rare,
threatened or endangered plants or animals shall be disturbed, threatened or
damaged and no Timber Operations shall occur within the Buffer Zone of a
Sensitive Species as defined in
14 CCR
§
895.1.
(I) No Timber Operations on significant
historical or archeological sites, except under the following conditions:
1. If a significant archeological site is
identified by the RPF preparing the Notice of Conversion Exemption within the
Project boundary, the site may be preserved in place by capping or covering
with a layer of soil prior to submission.
a.
If a site has been preserved in place, the RPF preparing the Notice of
Conversion Exemption shall obtain written concurrence from a Department
Archeologist prior to submission indicating operations will not cause damage to
a significant archeological site.
b. The written concurrence from a Department
Archeologist shall be submitted with the Notice of Conversion
Exemption.
(J)
The RPF and the Timber Operator shall meet (on-site, or off-site) if requested
by either party to ensure that sensitive on-site conditions and the intent of
the conversion regulations such as, but not limited to, slash disposal, will be
complied with during the conduct of Timber Operations.
(K) Before beginning Timber Operations, the
Timber Operator shall notify the Department of the actual commencement date of
operations. The notification, by telephone, mail, or email, shall be directed
to the appropriate CAL FIRE Unit Headquarters, Forest Practice Inspector or
other designated personnel. If the notification is provided by mail, Timber
Operations may not commence until three (3) days after the postmark date of
notification.
(3) A
neighborhood notification of conversion exemption Timber Operations shall be
posted on the ownership visible to the public by the RPF or Supervised
Designee, at least five (5) days prior to the postmark date of submission of
the Notice of Conversion Exemption Timber Operations to the Director. The date
of posting shall be shown on the neighborhood notice. In addition, immediately
prior to the submission of the exemption to the Director, the landowner shall
mail a letter to adjacent landowners within 300 feet of the boundaries of the
exemption, and to Native Americans, as defined in
14 CCR
§
895.1 notifying them of the intent to
harvest timber. The mailed letter of notice and the posted notice shall contain
a map of the project area and the following information on a form prepared by
the RPF:
(A) the name, address and telephone
number of the Timberland owner, the Timber Operator, the agency of the county
responsible for land use changes and the designated representative; if any, and
the RPF;
(B) the location of the
Project, parcel number, street address, section, township and range,
and;
(C) A statement explaining
that this is a conversion from Timberland use to a new land use, what the new
land use will be, and that the maximum size is less than three
acres.
(4) The Director
shall determine if the Notice of Conversion Exemption Timber Operations is
complete and accurate within fifteen (15) days from the date of receipt.
(A) If the Notice of Conversion Exemption
Timber Operations is not complete and accurate it shall be returned to the
submitter identifying the specific information required. When found complete
and accurate, the Director shall immediately send a notice of acceptance of
operations to the submitter.
(5) The Timberland owner shall, within one
month from the completion of conversion exemption Timber Operations, which
includes all slash disposal work, submit a work completion report to the
Director.
(6) The Timberland owner
shall, using the services of an RPF to the extent the information required is
within the scope of professional forestry practice, provide information
documenting that the conversion to the stated non-timber use is Feasible based
upon, at a minimum, the following:
(A) the
extent of the vegetation removal and site preparation required for the
conversion;
(B) the suitability of
soils, slope, aspect, and microclimate for the stated non-timber
use;
(7) The Department
shall provide for inspections, as needed, to determine that the conversion was
completed.
(8) The notice shall
expire if there is any change in Timberland ownership.
(A) If the conversion has not been completed,
the Timberland owner on the notice shall notify the Department of the change in
Timberland ownership on or before five (5) days after a change in
ownership.
(B) If operations have
been conducted, but not completed under the exemption, the Timberland owner on
the notice shall notify the new Timberland owner at least fifteen (15) days
prior to the sale of the Timberland of the requirements under
14 CCR
§
1104.1(a)(8)(C).
(C) If operations have been conducted, but
not completed under the exemption, the new Timberland owner shall:
1. submit a new notice, or
2. comply with the following:
a. harvest no additional timber;
b. meet Stocking requirements of
14 CCR
§
1104.1(a)(2)(B);
c. dispose of the slash created under the
exemption activities according to
14 CCR
§
1104.1(a)(2)(D);
d. provide Erosion Control for skid trails,
roads, Landings, and disturbed areas as required by the Forest Practice
Rules.
e. submit a report within
ninety (90) days of the change of Timberland ownership that items a through d
above were completed.
(9) A Timberland owner may request a waiver
to the five-year limitation described in
14 CCR
§
1104.1(a). The
Director may grant the waiver upon finding that one of the following conditions
exist:
(A)
1. the construction of a building approved by
the appropriate county/city permitting process is listed in the accepted Notice
of Conversion Exemption Timber Operations as the non-Timberland use after the
conversion, and
2. the Timberland
owner demonstrates to the Director that substantial liabilities for building
construction have been incurred on each conversion exemption that the
Timberland owner has received in the last 5 years at the time the waiver is
requested, and
3. operations
conducted on all exemptions issued to the Timberland owner within the past 5
years, prior to the time the waiver is requested, have been conducted in a
manner that meets or exceeds the intent of the Act and Rules or any corrective
work required by the Director has been satisfactorily
completed.
(B) the change
of ownership which caused the previous notice to expire was not the result of
the sale of the Timberland and the new Timberland owner provides information
demonstrating that the imposition of the 5-year limitation described in
14 CCR
§
1104.1(a) would
impose an undue hardship on the Timberland owner.
(C) the notice has expired and no operations
have been conducted.
(D) The
Timberland owner provides an explanation and justification for the need of a
waiver that demonstrates that the imposition of the 5-year limitation described
in 14 CCR
§
1104.1(a) would
impose an undue hardship on the Timberland owner.
(b) Construction or maintenance of
right-of-way by a public agency on its own or any other public
property.
(c) The clearing of trees
from Timberland by a private or public utility for construction of gas, water,
sewer, oil, electric, and communications (transmitted by wire, television,
radio, or microwave) rights-of-way, and for maintenance and repair of the
utility and right-of-way. The said right-of-way, however, shall not exceed the
width specified in the Table of Normal Rights-of-Way Widths for Single Overhead
Facilities and Single Underground facilities and the supplemental allowable
widths.
Nothing in this section shall exclude the applicable
provisions of PRC §§
4292
and
4293,
and
14
CCR §§
1250 through
1258 inclusive for fire hazard
clearance from being an allowable supplement to the exempt
widths.
(d) Table of
Rights-of-Way Widths for Single Overhead Facilities (A single facility for
overhead electric lines means a single circuit)
| Utility | Size | Width |
| Electric (Overhead | 0-33
KV | 20' |
| Distribution and | 34-100
KV | 45' |
|
| transmission | 101-200
KV | 75' |
|
| Single Circuits) | (pole) |
|
|
|
| 101-200 KV | 80' |
|
|
| (tower) |
|
|
|
| 201-300 KV | 125' |
|
|
| (tower) |
|
|
|
| 301- KV and
above | 200' |
|
|
| (tower) |
|
| Utility | Size | | Width |
| Telephone cable or open wire when
underbuilt | All | | 30' |
| Communications (Radio, Television,
Telephone and Microwave) | All | | 30' |
| Active or passive microwave repeater
and/or radio sites | All | | 40' |
| Microwave paths emanating from antennas
or passive repeaters | All | 20' from edges of antenna
or passive repeater, and following centerline of path. |
| Radio and Television
antennas | All | 30' In all directions |
| Telephone cable or open wire when
underbuilt | All | | 30' |
(e) The above right-of-way widths for above
ground facilities shall be allowed supplemental clearances as follows:
(1) Equal additional rights-of-way for each
additional facility, including these allowable supplemental clearances under
this section.
(2) Additional
clearance widths for poles and towers, and for conductor sway as provided in
PRC §§
4292
and
4293,
and
14
CCR §§
1250 through
1258 inclusive, as
applicable.
(3) Additional
clearance for removal of Danger Trees as defined in
14 CCR
§
895.1.
(4) Additional land area for substation and
switch yards, materials storage and construction camps, with clearance for
firebreaks, and security fencing
(f) Table of Rights-of-Way Widths for Single
Underground Facilities
| Utility | Size | | Width |
| Electric, Underground | 4"-6"
Conduit | | 50' |
| | More than 6"
Conduit | | 60' |
| Gas, Oil, Water and | 6" diameter
or smaller | | 50' |
| Sewer (Underground | Over 6"-12"
diameter | | 60' |
|
| pipe) | Over 12"-24"
diameter |
| 75' |
|
|
| Over 24" diameter |
| 100' |
| Penstocks,
Syphons | All | | 100' |
| Ditches and Flumes | All |
| 150' |
| Access Roads | All | Access road widths may be up to 14' with an additional 10' width at
turnout locations, plus additional width for cuts and fills. Access roads shall
be installed and maintained so as to comply with the stream protection
requirements and erosion control requirements of the Forest Practice Act,
related regulations, and the District Forest Practice Rules. |
(g) The above right-of-way widths for
underground facilities and penstocks, syphons, ditches and flumes shall be
allowed supplemental clearances as follows:
(1) Additional width for cuts and
Fills.
(2) Removal of trees or
plants with roots that could interfere with underground facilities, or with
cuts and Fills for installation.
(3) Additional clearance for removal of
Danger Trees as defined in
14 CCR
§
895.1.
(4) For compressor, metering and control
stations on natural gas pipelines; including firebreaks and security fencing:
(A) 450 foot width at one side of
right-of-way and 500 foot length along the compressor stations.
(B) 300 feet x 300 feet on or alongside the
right-of-way for metering and control stations.
(h) In-lieu practices for Watercourse and
Lake Protection Zones as specified under Article 6 of these Rules, exceptions
to Rules, and alternative practices are not allowed.
(i) Harvesting of large old trees shall only
occur when:
(1) the tree is not critical for
the maintenance of a Late Successional Stand and
(2) an RPF attaches to the exemption an
explanation and justification for the removal based on the RPF's finding that
one or more of the criteria or conditions listed under subsection (A), (B), or
(C) are met. The requirements of (i)(2) need not be met if an approved
management document; including but not limited to a HCP, SYP, NTMP, WFMP, or
PTEIR; addresses large old tree retention for the area in which the large old
tree(s) are proposed for removal and the removal is in compliance with the
retention standards of that document. All trees to be harvested pursuant to
this subsection shall be marked by an RPF prior to removal.
(A) The tree(s) is a hazard to safety or
property. The hazard shall be identified in writing by an RPF or professionally
certified arborist;
(B) The removal
of the tree(s) is necessary for the construction of a building as approved by
the appropriate county/city permitting process and as shown on the county/city
approved site Plan, which shall be attached to the Notice of
Exemption;
(C) The tree is dead or
is likely to die within one year of the date of proposed removal, as determined
by an RPF or professionally certified arborist.
1.
Renumbering and amendment of former Section
1103.2 to Section 1104.1 filed
8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2.
Editorial correction of subsection (c) printing error (Register 88, No.
45).
3. Change without regulatory effect filed 6-19-89 (Register 89,
No. 28).
4. Amendment of subsections (a), (c), (e) and (g) filed
9-27-90; operative 10-27-90 (Register 90, No. 45).
5. Amendment of
subsection (a), new subsection (a)(3) and subsection renumbering and new
subsections (a)(4)(G)-(a)(5) filed 7-19-93 as an emergency; operative 7-19-93
(Register 93, No. 30). A Certificate of Compliance must be transmitted to OAL
by 11-16-93 or emergency language will be repealed by operation of law on the
following day.
6. Order of 7-19-93 repealed by operation of
Government Code section
11346.1(e)
(Register 94, No. 17).
7. Repealer of first paragraph through
subsection (a)(3)(f) and new first paragraph through subsection (a)(5) filed
8-31-94; operative 1-1-95 (Register 94, No. 35).
8. Editorial
correction inserting inadvertently omitted HISTORY 1-6 (Register 95, No.
35).
9. Amendment of subsection (a)(3) filed 11-26-96; operative
1-1-97 pursuant to Public Resources Code section
4554.5
(Register 96, No. 48).
10. Editorial correction restoring
inadvertently omitted subsections (b)-(g)(4)(B) and correcting HISTORY 7
(Register 96, No. 50).
11. Repealer of subsection (a)(2)(D) and new
subsections (a)(2)(D)-(a)(2)(D)10. filed 11-24-97; operative 1-1-98 (Register
97, No. 48).
12. Amendment of subsections (a)(1), (a)(1)(A),
(a)(1)(D), (a)(1)(F), (a)(2)(C), (a)(2)(J), (a)(3) and (a)(3)(A) filed
11-26-97; operative 1-1-98 pursuant to Public Resources Code section
4554.5
(Register 97, No. 48).
13. Editorial correction of subsection
(a)(2)(D)8. (Register 99, No. 26).
14. Amendment of section and NOTE
filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section
4554.5
(Register 2000, No. 7).
15. Editorial correction of subsection (c)
(Register 2001, No. 46).
16. Amendment of first paragraph and new
subsections (i)-(i)(2)(C) filed 11-16-2001; operative 1-1-2002 pursuant to
Public Resources Code section
4551.5
(Register 2001, No. 46).
17. Editorial correction of subsections
(a)(1) and (a)(1)(E) (Register 2002, No. 22).
18. Amendment of
subsections (a), (a)(1) and (a)(1)(E), new subsections (a)(1)(E)1.-4. and
(a)(6)-(9)(D) and amendment of NOTE filed 5-30-2002; operative 7-1-2002
(Register 2002, No. 22).
19. Amendment of subsection (a)(2)(E)1.
filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section
4554.5(a)
(Register 2010, No. 47).
20. Amendment of section heading and
subsection (a)(2)(E) filed 6-11-2014; operative 1-1-2015 pursuant to Public
Resources Code section
4554.5
(Register 2014, No. 24).
21. Amendment of subsection (a)(2)(I), new
subsections (a)(2)(I)1.-(a)(2)(I)1.b. and amendment of NOTE filed 11-15-2016;
operative 1-1-2017 pursuant to Public Resources Code section
4554.5
(Register 2016, No. 47).
22. Amendment of subsection (i)(2) and
amendment of NOTE filed 6-2-2017; operative 1-1-2018 pursuant to Public
Resources Code section
4554.5(a)
(Register 2017, No. 22).
23. Change without regulatory effect
amending section filed 10-31-2017 pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 44).
24. Amendment of first
paragraph and subsections (a), (a)(2)(D), (a)(2)(D)2. (a)(2)(D)7. and
(a)(2)(J), new subsection (a)(2)(K) and amendment of subsections (a)(3),
(a)(4), (a)(8)(A)-(B), (a)(8)(C)2.c. and (a)(8)(C)2.e. filed 9-6-2018;
operative 1-1-2019 pursuant to Public Resources Code section
4554.5
(Register 2018, No. 36).
Note: Authority cited: Sections
4551,
4553,
4584,
4604,
4611
and
4628,
Public Resources Code. Reference: Sections
4512,
4513,
4584,
4597,
4628
and
21083.2(b)(3),
Public Resources Code.
