SECTIONS 4561-4562.9 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4561-4562.9

4561. It is the purpose of this section to set forth resource
conservation standards for timber operations, and to insure that a
cover of trees of commercial species, sufficient to utilize
adequately the suitable and available growing space, is maintained or
established after timber operations.
To that end, the following resource conservation standards define
minimum acceptable stocking, and an area covered by a timber
harvesting plan shall be classified as acceptably stocked if either
of the following conditions exist within five years after completion
of timber operations:
(a) The area contains an average point count of 300 per acre,
except that in areas which the registered professional forester who
prepares the timber harvesting plan has determined are site IV
classification or lower, the minimum average point count shall be 150
per acre. Point count shall be computed as follows:
(1) Each countable tree which is not more than four inches in
diameter at breast height to count as one.
(2) Each countable tree over four inches and not more than 12
inches in diameter at breast height to count as three.
(3) Each countable tree over 12 inches in diameter at breast
height to count as six.
(b) The average residual basal area, measured in stems one inch or
larger in diameter is at least 85 square feet per acre, except that
in areas which the registered professional forester who prepares the
timber harvesting plan has determined are site II classification or
lower, the minimum average residual basal area shall be 50 square
feet per acre.
The board, on a finding that it is in furtherance of the purposes
of this chapter may encourage selection, shelterwood, or other types
of management of timber where consistent with the biological
requirements of the tree species and may regulate the size and shape
of areas in which even-age management of timber is utilized.
Timberland harvested between January 1, 1974, and the adoption of
stocking standards pursuant to this chapter shall be classified as
adequately stocked if, as a result of stocking which has taken place
subsequent to such harvest, the minimum standards specified in this
section are met.
Rock outcroppings and other areas not normally bearing timber
shall not be considered as requiring stocking and are exempt from
such provisions.

4561.1. The resource conservation standards relating to stocking
enumerated in Section 4561 shall constitute minimum requirements, and
these shall be the standards to which all timber harvesting plans
shall conform unless the board adopts higher stocking standards for
each district. The board shall adopt standards for each district,
after a public hearing, which are equal to or stricter than the
standards of this chapter and shall report such standards to the
Legislature.
It is not the intent of the Legislature in designating minimum
standards that such standards shall be deemed to be preferred as the
standards to be adopted by the board. The board may, by a majority
vote as provided in Section 736, adopt higher minimum standards of
stocking if, in the opinion of the board, growing conditions, tree
species, site quality, or other factors justify such stricter
standards and if such action is consistent with the purposes of this
article.

4561.2. All stocking requirements under provisions of law which
were in existence on or before January 1, 1974, shall remain in full
force and effect for timberland which was harvested prior to January
1, 1974.

4561.3. Notwithstanding the provisions of Section 4561, on any
commercial timberlands which the department has determined do not
meet the minimum acceptable stocking standards prior to any timber
harvest activities which may take place on such lands between the
effective date of this chapter and the adoption of permanent stocking
standards pursuant to Section 4561.5, an area shall be classified as
acceptably stocked if, as a result of restocking which has taken
place subsequent to such harvest, it contains at least five countable
trees for each tree which has been harvested.

4561.5. The board may from time to time, after a public hearing,
amend permanent stocking standards applicable to commercial
timberland where the growing timber does not meet the acceptable
stocking standards as enumerated in Section 4561.

4561.7. (a) The site designated for testing purposes by subdivision
(b) is exempt from any stocking requirements.
(b) Testing may be permitted only on a 35-acre area located in the
Pudding Creek drainage of Mendocino County in Sections 19 and 30,
T19N, R16W, M.D.B. & M.

4562. In order to reduce the incidence and spread of fire on
timberlands, the board shall adopt rules in the fire protection zone
as such zone is defined by the board, including, but not limited to,
land along either side of the rights-of-way along public roads in
widths to be determined by rule by the board in various areas, and in
such other areas as the board deems necessary, to govern the
disposal of solid nonforest wastes and slash created by timber
operations.

4562.5. It is the purpose of this section to insure that soil
erosion associated with timber operations is adequately controlled to
protect soil resources, forest productivity, and water quality. The
prevention, retardation, and control of accelerated erosion are the
principal goals of this section. The board shall promulgate
regulations for each district to govern timber operations that may
cause significant soil disturbance.

4562.7. The purpose of this section is to ensure the protection of
beneficial uses that are derived from the physical form, water
quality, and biological capability of streams. To these ends, in
addition to the rules provided for in Section 4551.5, the board shall
adopt rules for control of timber operations which will result or
threaten to result in unreasonable effects on the beneficial uses of
the waters of the state. The rules shall include rules for:
(a) The disposal of petroleum products, sanitary wastes, refuse,
and cleaning agents in proper dumps or waste treatment facilities to
prevent them from entering streams.
(b) Construction of logging road and tractor trail stream
crossings to assure substantially unimpaired flow of water and to
assure free passage of fish both upstream and downstream.
(c) Minimizing damage to unmerchantable streamside vegetation,
particularly hardwood trees.
(d) Minimizing damage to streambeds or banks resulting from
skidding or hauling logs through, across, or into streams, by
operating tractors or other heavy equipment in or near streambeds, or
by construction of log landings or logging roads in or near the
channels of streams.
(e) Control of slash, debris, fill, and side cast earth, resulting
from timber operations, which may be carried into streams.
(f) Minimizing the effects of erosion on watercourses and lakes by
all of the following:
(1) Installation and maintenance of drainage facilities and soil
stabilization treatments as required on timber operations.
(2) Planned abandonment of roads and landings.
(3) Maintenance of installed drainage facilities and soil
stabilization treatments on skid trails, roads, and landings for a
period of at least one year after filing of the work completion
report, provided the report is approved.

4562.9. The board shall adopt regulations requiring maintenance of
installed drainage facilities and soil stabilization treatments on
skid trails, roads, and landings for a period of at least one year,
but not to exceed three years, after filing of the work completion
report, if the report is approved.