SECTIONS 4551-4555 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4551-4555

4551. (a) The board shall adopt district forest practice rules and
regulations for each district in accordance with the policies set
forth in Article 1 (commencing with Section 4511) of this chapter and
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code to ensure the
continuous growing and harvesting of commercial forest tree species
and to protect the soil, air, fish, wildlife, and water resources,
including, but not limited to, streams, lakes, and estuaries.
(b) (1) The board shall ensure that its rules and regulations that
govern the harvesting of commercial tree species, where applicable,
consider the capacity of forest resources, including above ground and
below ground biomass and soil, to sequester carbon dioxide emissions
sufficient to meet or exceed the state's greenhouse gas reduction
requirements for the forestry sector, consistent with the scoping
plan adopted by the State Air Resources Board pursuant to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).
(2) The costs of the contracts for research studies or technical
analyses initiated by the board or the department to comply with
paragraph (1) shall be funded, upon appropriation by the Legislature,
from fee revenues collected pursuant to Section 38597 of the Health
and Safety Code.

4551.3. (a) A sustained yield plan that is prepared and approved in
accordance with rules and regulations adopted by the board pursuant
to Section 4551, including Article 6.75 (commencing with Section
1091.1) of Subchapter 7 of Chapter 4 of Division 1.5 of Title 14 of
the California Code of Regulations, shall be effective for a period
of no more than 10 years.
(b) As part of the continuing monitoring process for an approved
sustained yield plan, as described in subdivision (a), the department
shall hold a public hearing on the plan if requested by an
interested party who submits, in writing, a request based on
substantial evidence of potential noncompliance with any of the
following:
(1) The terms and conditions of the original sustained yield plan
approval.
(2) The applicable provisions of the rules or regulations adopted
by the board that were in effect on the date the sustained yield plan
was originally approved.
(3) Other requirements that have been imposed on the sustained
yield plan by operation of law.
(c) The request shall identify specific issues in the plan to be
addressed at the public hearing. To be considered, a request shall be
made to the department within six months after the midpoint of the
effective term of a sustained yield plan described in subdivision
(a). The department shall hold the public hearing within 120 days
after the date of the close of the six-month request period. A
sustained yield plan shall be effective for the remainder of its term
unless the director makes written findings, based on a preponderance
of evidence, that implementation of the sustained yield plan is not
in compliance with any material provision of paragraph (1), (2), or
(3) of subdivision (b) .
(d) If a public hearing is required, the director shall provide at
least 30 days' notice to the plan submitter and the public and shall
provide for a record of the hearing, pursuant to regulations adopted
by the board.

4551.5. Rules and regulations shall apply to the conduct of timber
operations and shall include, but shall not be limited to, measures
for fire prevention and control, for soil erosion control, for site
preparation that involves disturbance of soil or burning of
vegetation following timber harvesting activities conducted after
January 1, 1988, for water quality and watershed control, for flood
control, for stocking, for protection against timber operations which
unnecessarily destroy young timber growth or timber productivity of
the soil, for prevention and control of damage by forest insects,
pests, and disease, for the protection of natural and scenic
qualities in special treatment areas identified pursuant to
subdivision (b) of Section 30417, and for the preparation of timber
harvesting plans. In developing these rules, the board shall solicit
and consider recommendations from the department, recommendations
from the Department of Fish and Game relating to the protection of
fish and wildlife, recommendations from the State Water Resources
Control Board and the California regional water quality control
boards relating to water quality, recommendations from the State Air
Resources Board and local air pollution control districts relating to
air pollution control, and recommendations of the California Coastal
Commission relating to the protection of natural and scenic coastal
zone resources in special treatment areas.

4551.7. The board shall, on or before November 1, 1988, adopt
regulations pertaining to site preparation that involves disturbance
of soil or burning of vegetation following timber harvesting
activities conducted after January 1, 1988.

4551.9. (a) On or before January 1, 2005, the board shall adopt
regulations to require that a timber harvesting plan include a map or
maps, depicting the location and boundaries of past, present, and
reasonably foreseeable probable future projects, as defined in
Section 21065 and Section 895.1 of Title 14 of the California Code of
Regulations, on land owned or controlled by the applicant in the
planning watershed. The board may not require an applicant to furnish
maps of projects completed more than 10 years prior to the
submission of the timber harvesting plan. Maps shall include
silvicultural prescription. The scale and format of maps provided
pursuant to this subdivision shall be determined by the board. This
subdivision may not be construed to require disclosure of proprietary
information to the public.
(b) The board shall consider the impact of the regulations on
smaller landowners, and avoid excessive burdens or costs on those
landowners.

4552. The rules and regulations adopted by the board shall be based
upon a study of the factors that significantly affect the present
and future condition of timberlands and shall be used as standards by
persons preparing timber harvesting plans. In those instances in
which the board intends the director to exercise professional
judgment in applying any rule, regulation, or provision of this
chapter, the board shall include in its rules standards to guide the
actions of the director, and the director shall conform to such
standards, consistent with Section 710.

4553. The rules and regulations shall be continuously reviewed and
may be revised. During the formulation or revision of such rules and
regulations, the board shall consult with, and carefully evaluate the
recommendations of, the department, the district technical advisory
committees, concerned federal, state, and local agencies, educational
institutions, civic and public interest organizations, and private
organizations and individuals.

4554. Except for emergency regulations or orders of repeal adopted
pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5
of Part 1 of Division 3 of Title 2 of the Government Code, the board
shall not adopt or revise rules, regulations, or resource
conservation standards unless a public hearing is first held
respecting their adoption or revision. At least 30 days prior to the
hearing, the board shall give notice of the hearing by publication
pursuant to Section 6061 of the Government Code.

4554.5. (a) Notwithstanding Section 11343.4 of the Government Code,
except as specified in subdivision (b), rules and regulations
adopted or revised pursuant to this chapter shall become effective on
the next January 1 that is not less than 30 days from the date of
approval of those rules or regulations by the Office of
Administrative Law.
(b) Notwithstanding subdivision (a), if the board adopts emergency
regulations pursuant to Section 4555, and subsequently adopts those
emergency regulations as nonemergency rules or regulations pursuant
to this chapter, the rules or regulations shall become effective 30
days from the date of approval of the rules or regulations by the
Office of Administrative Law.
(c) This section shall become operative on January 1, 2001.

4555. If the director determines that a substantial question exists
concerning whether the intent of this chapter is currently provided
for by the rules and regulations of the board, and that approval of a
timber harvesting plan which has been filed could result in
immediate, significant, and long-term harm to the natural resources
of the state, the director may withhold decision on a timber
harvesting plan. However, within five days of that action, the
director shall notify the board of that action. Within 30 days of the
receipt of the notice, the board shall, after a public hearing, make
a determination as to whether or not the intent of this chapter has
been provided for in the rules and regulations of the board. The
determination shall be conclusive.
If the board finds that the intent of this chapter has not been
provided for in the rules and regulations, the board shall act to
amend the rules by emergency regulation in accordance with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code. The director shall act upon the plan within
15 days of the board's action. Emergency regulations adopted
pursuant to this section shall be effective for not more than 120
days. The regulations may be made permanent if the board acts to
adopt or revise its rules and regulations pursuant to procedures
established in this article for the adoption of other than emergency
regulations.