California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 9.9 - Forest Legacy Program
Article 6 - Project Administration
Section 1575.2 - Landowner Responsibilities
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Applicants whose projects are fully funded (i.e., funds allocated to the project sufficient to satisfy the landowner's "asking" price, but not in excess of the appraised value) must complete their project within two years of the state receiving grant funds for their project and will be required to:
(a) Work with the state to obtain those items necessary to complete the project; these may include, but are not limited to, the preliminary title report, survey for certificate of possession, hazardous materials assessment, and, where applicable, development of the conservation easement and appraisal.
(b) Except in cases of a full and complete donation of land or interest in land, select and retain an independent real estate appraiser to determine the value of the lands or interests in lands which shall be calculated by determining the difference between the fair market value and the restricted value of the property. This appraisal must be to State and/or Federal Appraisal Standards and will be subject to review by a qualified review appraiser. CAL FIRE approval of the appraiser and the agreement on the land to be appraised is required prior to commencement of appraisal.
(c) Convey interest in lands to achieve the land conservation objectives of the Program.
(d) Convey those interests in perpetuity.
(e) Prepare and periodically update a management plan, equivalent to, or better than, a Forest Stewardship Plan.
(f) Manage property in a manner consistent with the purposes for which the land was entered into the Program with no conversion to other uses unless such uses are specifically allowed within the terms of the conservation easement, furthermore hunting, fishing, hiking and similar recreational uses shall be considered to be consistent with the purposes of the Program.
(g) Endow or secure funding for monitoring costs.
1. New section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17).
Note: Authority cited: Section 12249, Public Resources Code. Reference: Section 12262, Public Resources Code; and 16 U.S.C. Section 2103 et seq.
