Public Resources Code — Part 25 | PRC — United States — California law | Esheria

Public Resources Code

Part 25 of 41 · provisions 4,801–5,000

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

Read the provisions Ask with citations

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 4562.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must make district regulations to control timber operations that may cause significant soil disturbance.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 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. (Amended by Stats. 2004, Ch. 193, Sec. 164. Effective January 1, 2005.)
  2. 4562.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must adopt rules to control timber operations that could unreasonably affect the beneficial uses of state waters, especially streams.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 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 that 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 both 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. (Amended by Stats. 2011, Ch. 584, Sec. 24. (AB 1414) Effective January 1, 2012.)
  3. 4562.9.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must adopt regulations requiring maintenance of certain drainage and soil stabilization measures on skid trails, roads, and landings.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 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. (Amended by Stats. 2004, Ch. 153, Sec. 2. Effective January 1, 2005.)
  4. 4570.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    This section defines “real person in interest” for this article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4570. For purposes of this article, “real person in interest” means an individual who is one of the following: (a) The sole proprietor, principal owner, or principal officer of an entity that is applying for a license or the renewal of a license under this article. (b) The on-site supervisor responsible for the conduct of timber operations pursuant to the license, including the authority to hire and fire persons conducting those timber operations. (Added by Stats. 1996, Ch. 740, Sec. 1. Effective January 1, 1997.)
  5. 4571.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    A person must get a license from the board before engaging in timber operations. The board may issue a limited timber operator license for certain commercial cutting or removal activities.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4571. (a) No person shall engage in timber operations until that person has obtained a license from the board. (b) The board may issue a limited timber operator license for the commercial cutting or removal of Christmas trees, tanbark, fuelwood, root crown burls, posts, or split products. (Amended by Stats. 1996, Ch. 740, Sec. 2. Effective January 1, 1997.)
  6. 4572.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    This section sets rules for timber operator license applications and renewals, including application forms, filing procedures, filing fees, education and work-experience proof, and insurance documentation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4572. (a) The board shall, by regulation, prescribe the form and content of an application for a timber operator license or license renewal, establish procedures for filing the application, and require a reasonable filing fee. The amount of the filing fee shall not exceed the amount necessary to administer licensing under this article. (b) First-time applicants for a timber operator license shall furnish to the board proof that the real person in interest has complied with both of the following requirements: (1) Completion, within the preceding 12 months, of an education program approved by the director that covers the statutes and regulations governing timber operations in this state. (2) (A) Except as specified in subparagraph (B) and subdivision (d), completion of 3000 hours of work experience in two or more areas of employment in timber operations. (B) An applicant shall be exempt from this paragraph if the applicant furnishes proof to the board that the applicant is sole proprietor of, principal owner of, or principal officer of an entity that owns, the land on which all timber operations under the license will be conducted, and the applicant will supervise those timber operations. (c) (1) Except as specified in paragraph (2) and subdivision (d), all applicants shall file with the director written evidence of timber operation insurance coverage under an insurance policy issued by an insurer eligible to do business in this state that includes both of the following: (A) Commercial general liability insurance for not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage combined, including within that limit, or in a separate limit, loggers third party property damage liability. (B) A provision requiring the insurer to provide to the director a certificate of insurance and notice of any amendment to, or cancellation of, the policy within 30 days from the date of policy amendment or cancellation. (2) This subdivision does not apply to an applicant who owns the land upon which the timber operations are to be conducted pursuant to the license. (d) Subparagraph (A) of paragraph (2) of subdivision (b) and paragraph (1) of subdivision (c) do not apply to an applicant for a limited timber operator license. (Amended by Stats. 1996, Ch. 740, Sec. 3. Effective January 1, 1997.)
  7. 4573.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    The board may deny a timber operator license if the applicant falls within listed disqualifying reasons.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4573. The board may deny a timber operator license for any of the following reasons: (a) The applicant is not the real person in interest. (b) Material misrepresentation or false statement in the application. (c) Conviction within one year of the application of unlawfully operating without a license. (d) The failure or refusal of the applicant to comply with this chapter or the rules and regulations adopted by the board pursuant to this chapter, within three years prior to the date of application. (e) The failure or refusal of the applicant to pay a judgment assessed or awarded by a court of competent jurisdiction that is the result of a violation of this chapter or the rules and regulations adopted by the board pursuant to this chapter. (f) The failure or refusal of the applicant to keep current the insurance required by subdivision (c) of Section 4572. (g) The failure or refusal of the applicant to reimburse the department for costs incurred by the department as the result of an action to correct a violation conducted in accordance with Article 8 (commencing with Section 4601). (Amended by Stats. 1996, Ch. 740, Sec. 4. Effective January 1, 1997.)
  8. 4574.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    Timber operator licenses can last no more than two calendar years, and the board may refuse renewal in specified situations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4574. (a) Timber operator licenses shall be valid for a period not to exceed two calendar years, as prescribed by the board. (b) (1) The board may deny an application for license renewal until any violations by the applicant that exist on the date of submission of the renewal application, of which the applicant has been notified and given reasonable opportunity to correct, are corrected in accordance with any reasonable terms and conditions required by the board. (2) The board may issue a temporary license to permit the applicant to perform those timber operations that are necessary to correct any violation that has resulted in a denial of license renewal. (c) For a license first issued on or after January 1, 1997, the board may deny an application for license renewal if the real person in interest has not completed both an education program approved by the director that covers the statutes and regulations governing timber operations in this state, and 3,000 hours of work experience in two or more areas of employment in timber operations. (Amended by Stats. 1996, Ch. 740, Sec. 5. Effective January 1, 1997.)
  9. 4575.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    A license cannot be transferred and remains subject to future legislation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4575. A license is subject to future legislation and is not transferable. (Amended by Stats. 1975, Ch. 372.)
  10. 4576.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    The director may suspend or revoke a license for specified reasons, including refusal to allow inspections or violating the board’s rules and regulations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4576. A license may be suspended or revoked by the director pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code for any of the reasons specified by Section 4573, for refusal to allow inspections, or for violations of any of the rules and regulations of the board. (Amended by Stats. 1975, Ch. 372.)
  11. 4576.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    A real person in interest may not hold interests in, or responsibility for, timber operations while a timber operator license is suspended, revoked, or denied; ownership of publicly traded stock is still allowed.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4576.1. During the period for which a timber operator license has been suspended, revoked, or denied pursuant to Section 4573 or 4576, the real person in interest, as defined in Section 4570, may not have any ownership, possessory, security, or other pecuniary interest in, or any responsibility for the conduct of, the timber operations of any person licensed pursuant to this article. This provision does not preclude ownership of publicly traded stock in any corporation. (Amended by Stats. 2002, Ch. 171, Sec. 1. Effective January 1, 2003.)
  12. 4577.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    The board may delegate its authority under this article to the director.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4577. The board may delegate its authority under this article to the director. (Amended by Stats. 1975, Ch. 372.)
  13. 4578.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. )

    Verify source ↗

    Timber operations and related harvesting activities are exempt from a specified licensing chapter, and no license is required for timber operations on private or public lands except as provided in Section 4571.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 6. Licenses [4570 - 4578] ( Heading of Article 6 amended by Stats. 1975, Ch. 372. ) ## 4578. Timber operations, timber harvesting, and any other activities pursuant to a timber harvest plan or a federal or state timber sales contract are exempt from the provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and no license shall be required for the conduct of timber operations on private or public lands, other than as provided in Section 4571. (Added by Stats. 1983, Ch. 710, Sec. 1.)
  14. 4581.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A person may not conduct timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to the department.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4581. No person shall conduct timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted for such operations to the department pursuant to this article. Such plan shall be required in addition to the license required in Section 4571. (Amended by Stats. 1976, Ch. 1300.)
  15. 4582.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A timber harvesting plan must be filed in writing with the department by a person who controls or operates timberland and plans to harvest timber there.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582. The timber harvesting plan shall be filed with the department in writing by a person who owns, leases, or otherwise controls or operates on all or any portion of any timberland and who plans to harvest the timber on the timberland. If the person who files the timber harvesting plan is not the owner of the timberland, the person filing the plan shall notify the timberland owner by certified mail that the plan has been submitted and shall certify that mailing to the department. The timber harvesting plan shall be a public record and shall include all of the following information: (a) The name and address of the timber owner. (b) The name and address of the timber operator if known at the time of filing. If the timber operator is not known at the time of filing, the plan submitter shall notify the department as soon as the timber operator is known, but in any case before timber operations begin. (c) A description of the land on which the work is proposed to be done, including a United States Geological Survey quadrangle map or equivalent indicating the location of all streams, the location of all proposed and existing logging truck roads, and indicating boundaries of all site I classification timberlands to be stocked in accordance with subdivision (b) of Section 4561 and any other site classifications if the board establishes specific minimum stocking standards for other site classifications. (d) A description of the silvicultural methods to be applied, including the type of logging equipment to be used. (e) An outline of the methods to be used to avoid excessive accelerated erosion from timber operations to be conducted within the proximity of a stream. (f) Special provisions, if any, to protect any unique area within the area of timber operations. (g) The expected dates of commencement and completion of timber operations. (h) A certification by the registered professional forester preparing the plan that the registered professional forester or a designee has personally inspected the plan area. (i) Any other information the board provides by regulation to meet its rules and the standards of this chapter. (Amended by Stats. 2021, Ch. 133, Sec. 79. (SB 272) Effective July 23, 2021.)
  16. 4582.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must adopt regulations about notice of intent to harvest timber by May 1, 1985, and those regulations may include mailed notice and related mailing documentation requirements.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.3. The board shall, on or before May 1, 1985, adopt regulations regarding notice of intent to harvest timber, to be given within two working days following submission of a timber harvesting plan, which it determines to be appropriate and which are consistent with law and Horn v. County of Ventura, 24 Cal. 3d 605. In adopting the regulations, the board shall take account of the extent of the administrative burden involved in giving the notice. The method of notice shall include, but not be limited to, mailed notice. The regulations may require the person submitting the timber harvesting plan to provide to the department a list of the names and addresses of persons to whom the notice was mailed and a written declaration that the mailing has been completed. (Added by Stats. 1984, Ch. 1508, Sec. 1.)
  17. 4582.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The department must give notice of filed timber harvesting plans to anyone who asks in writing.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.4. Notice of the filing of timber harvesting plans shall be made by the department to any person who requests, in writing, such notification. (Amended by Stats. 1976, Ch. 1300.)
  18. 4582.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Timber harvesting plans must apply to a specific property or properties and be based on the property’s characteristics.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.5. Timber harvesting plans shall be applicable to a specific piece of property or properties and shall be based upon such characteristics of the property as vegetation type, soil stability, topography, geology, climate, and stream characteristics. (Added by Stats. 1973, Ch. 880.)
  19. 4582.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The department must file the timber harvesting plan for public inspection, send copies to specified agencies, and consider and respond to comments during the public review process.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.6. (a) Upon receipt of the timber harvesting plan, the department shall place it, or a true copy of the plan, in a file available for public inspection in the county in which timber operations are proposed under the plan, and, for the purpose of interdisciplinary review, shall transmit a copy to the Department of Fish and Wildlife, the appropriate California regional water quality control board, the county planning agency, and, if the area is within its jurisdiction, the Tahoe Regional Planning Agency, as the case may be. The department shall invite, consider, and respond in writing to comments received from public agencies to which the plan has been transmitted and shall consult with those agencies at their request. (b) Within the public comment period, any responsible agency, as defined in Section 21069, shall provide the department with specific comments or recommendations, or both, on any significant environmental issues and proposed mitigation measures raised by the timber harvesting plan. The responsible agency shall also identify its statutory authority for any requests for mitigation measures that it may determine to be necessary. If the responsible agency fails to respond by the end of the public comment period, the department may assume that the responsible agency has no comments or recommendations concerning the timber harvesting plan, but the failure of the responsible agency to make comments or recommendations shall not be used as the basis for a determination or presumption that the timber harvesting plan will have no significant effect on the environment. The department shall consider all comments and recommendations received from responsible agencies and from the public during the public comment period. If a responsible agency fails to respond within the public comment period, it may request additional time to respond. The director may grant an extension of the time to respond of up to 14 calendar days if the director determines, after consultation with the person submitting the timber harvesting plan, that an extension is necessary. (c) To ensure that all public comments and concerns are considered by the department, each responsible agency shall maintain a list of written information it disseminates on the timber harvesting plan under review prior to the close of the public comment period. (d) On and after July 1, 1983, the board of supervisors or planning commission of a county for which rules have been adopted pursuant to Section 4516.5 may request a public hearing on a timber harvesting plan submitted for lands within the county, and the department shall hold a hearing for the purpose of public comment, if requested, prior to taking any action on the timber harvesting plan pursuant to Section 4582.7. The hearing shall be held in the county in which the proposed harvest is located at a time and place convenient to the public. The hearing shall be held in county offices if made available by the county for that purpose. The chairperson of the hearing shall be a representative of the department, shall receive both oral and written testimony from members of the public, local government officials, persons submitting the plans, and others, and shall provide for the hearing to be electronically recorded. The department shall prepare and make available written responses to significant issues raised at the hearing. This subdivision does not extend the time within which an action is required to be taken pursuant to Section 4582.7. (Amended by Stats. 2021, Ch. 133, Sec. 80. (SB 272) Effective July 23, 2021.)
  20. 4582.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The director and the board must review timber harvesting plans on set timelines, and timber operations cannot start until the plan is approved or treated as approved under the section’s procedures.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.7. (a) The director shall have 30 days from the date that the initial inspection is completed (10 of these days shall follow the date of final interagency review) or, if the director determines that the inspection need not be made, 15 days from the date of filing, as specified in Section 4604, or a longer period mutually agreed upon by the director and the person submitting the timber harvesting plan, to review the plan and take public comments. After the final review and public comment period has ended, the director shall have up to 15 working days, or a longer period mutually agreed upon by the director and the person submitting the timber harvesting plan, to review the public input, to consider recommendations and mitigation measures of other agencies, to respond in writing to the issues raised, and to determine if the plan is in conformance with the rules and regulations of the board and with this chapter. (b) If the director determines that the timber harvesting plan is not in conformance with the rules and regulations of the board or with this chapter, the director shall return the plan, stating the director’s reasons in writing, and advising the person submitting the plan of the person’s right to a hearing before the board, and timber operations may not commence. (c) A person to whom a timber harvesting plan is returned may, within 10 days from the date of receipt of the plan, request of the board a public hearing before the board. The board shall schedule a public hearing to review the timber harvesting plan to determine if the plan is in conformance with the rules and regulations of the board and with this chapter. Timber operations shall await board approval of the timber harvesting plan. Board action shall occur within 30 days from the date of the filing of the appeal, or a longer period mutually agreed upon by the board and the person filing the appeal. (d) If the timber harvesting plan is not approved on appeal to the board, the plan may be found to be in conformance by the director within 10 days from the date of the board action, provided that the plan is brought into full conformance with the rules and regulations of the board and with this chapter. If the director does not act within 25 days or a longer period mutually agreed upon by the director and the person submitting the timber harvesting plan, timber operations may commence pursuant to the plan, and all provisions of the plan shall be followed as provided in this chapter. (e) Upon the request of a responsible agency, the director shall consult with that agency, pursuant to this chapter, but the director, or the director’s designee within the department, shall have the final authority to determine whether a timber harvesting plan is in conformance with the rules and regulations of the board and with this chapter for purposes of approval by the department. (Amended by Stats. 2021, Ch. 133, Sec. 81. (SB 272) Effective July 23, 2021.)
  21. 4582.71.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A timber harvesting plan cannot be approved if the regional water quality control board finds it would cause a qualifying sediment-related discharge that violates the regional water quality control plan.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.71. (a) A timber harvesting plan may not be approved if the appropriate regional water quality control board finds, based on substantial evidence, that the timber operations proposed in the plan will result in a discharge into a watercourse that has been classified as impaired due to sediment pursuant to subsection (d) of Section 303 of the Federal Water Pollution Control Act, that causes or contributes, to a violation of the regional water quality control plan. (b) The exercise of a regional water quality control board’s authority pursuant to subdivision (a) may be delegated to the executive officer of that regional water quality control board as long as the executive officer’s determination is subject to review by that regional water quality control board upon request of the person that has submitted the timber harvesting plan or upon motion of that regional water quality control board. (c) If the appropriate regional water quality control board makes a finding pursuant to subdivision (a), the executive officer of that regional water quality control board shall, before the close of the public comment period under Section 4582.7, notify the director in writing of the finding and advise the director that the plan may not be approved. If the issues that lead to a regional water quality control board’s finding pursuant to subdivision (a) cannot be resolved during the director’s determination period under Section 4582.7 or a longer period that is mutually agreeable to the director and the person that submitted the timber harvesting plan, the director shall deny the timber harvesting plan and return the plan to the person that submitted it. The director shall advise the person that submitted the timber harvesting plan of the reasons why the plan is being returned. (Added by Stats. 2003, Ch. 900, Sec. 3. Effective January 1, 2004.)
  22. 4582.75.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    When the director reviews timber harvesting plans, the director must use only the board’s adopted rules and the provisions of this chapter as criteria.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.75. The rules adopted by the board and the provisions of this chapter shall be the only criteria employed by the director when reviewing timber harvesting plans pursuant to Section 4582.7. (Amended by Stats. 2003, Ch. 900, Sec. 4. Effective January 1, 2004.)
  23. 4582.8.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The director must send certain timber harvesting notices and plans to the State Board of Equalization within 10 days, and certain exemption or emergency notices must include an estimate about timber yield tax exemption.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.8. Within 10 days from the date that a timber harvesting plan is determined to be in conformance under Section 4582.7, or within 10 days from the date of receipt of a notice of timber operations, a nonindustrial timber harvest notice, a notice of exemption to convert less than three acres to a nontimber use pursuant to Section 4584, or an emergency notice filed pursuant to Section 4592, the director shall transmit copies thereof to the State Board of Equalization. Any notice of exemption or notice of emergency transmitted to the State Board of Equalization pursuant to this section shall include, among other things, an estimate of the timber owner as to whether the timber to be harvested pursuant to the notice will or will not be exempt from timber yield tax pursuant to Section 38116 of the Revenue and Taxation Code as interpreted and implemented by the State Board of Equalization. (Amended by Stats. 1998, Ch. 591, Sec. 2. Effective January 1, 1999.)
  24. 4582.9.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    This section lets specified state officials appeal a timber plan approval within 10 days, requires notice to the director and plan submitter when an appeal is filed, and requires the board to hold and decide the appeal on a tight schedule.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4582.9. (a) Notwithstanding any other provision of this chapter, the Director of Fish and Game or the State Water Resources Control Board may, not later than 10 days after approval of a plan by the director, appeal the approval to the board. At the time of filing of an appeal with the board, the person shall notify the director and the plan submitter of the appeal, and no further timber operations shall occur under the plan until the final determination of the appeal by the board. (b) The Director of Fish and Game or the State Water Resources Control Board may appeal the approval of a plan by the director only if the Department of Fish and Game or the State Water Resources Control Board or a California regional water quality control board has (1) participated in an onsite inspection of the plan with the department and (2) participated in a multidisciplinary review of the plan. The board may establish procedures for filing an appeal and may, in order to demonstrate that a substantial issue is raised with respect to the environment or public safety, specify findings which are required to be made in filing an appeal. (c) The board shall grant a hearing if it determines that the appeal under this section raises substantial issues with respect to the environment or to public safety. The board, by regulation, may delegate this determination to its chairperson. (d) The board shall hold a public hearing within 30 days after the filing of an appeal, or a longer period mutually agreed upon by the board, the appellant, and the plan submitter. Witnesses may appear either at the request of a party having standing or at a request of a majority of the board or board committee holding the hearing. Within 10 days after the conclusion of the hearing, the board shall approve or deny the plan. The basis for the board’s decision shall be all applicable provisions of California law, including, but not limited to, the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Division 1 of Title 5 of the Government Code) and subdivision (d) of Section 4512. In denying a plan, the board may make findings that set forth conditions under which it believes the plan would have been approved. The board may delegate conduct of the hearing and the decision to a committee of three members to be appointed for that hearing by the chairperson of the board. The committee shall consist of one general public member, one industry member, and the chairperson or the chairperson’s designee. The chairperson of the board or the chairperson’s designee shall conduct the hearing. The decision of the committee shall have the full force of a decision of the full board. At any time prior to a decision on an appeal conducted by a committee, any member of the committee may file a declaration of importance with the executive officer of the board and that appeal shall be immediately transferred to the full board for decision. (Added by Stats. 1989, Ch. 400, Sec. 2.)
  25. 4583.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A timber harvesting plan must follow the standards and rules in force when the plan takes effect, and later timber operations must follow later changes to those standards and rules.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4583. A timber harvesting plan shall conform to all standards and rules which are in effect at the time the plan becomes effective. Except for stocking standards in effect at the time of commencement of timber operations under a timber harvesting plan, which shall remain in effect for any timberland harvested under such plan, all timber operations shall conform to any changes or modifications of standards and rules made thereafter unless prior to the adoption of such changes or modifications, substantial liabilities for timber operations have been incurred in good faith and in reliance upon the standards in effect at the time the plan became effective and the adherence to such new rules or modifications would cause unreasonable additional expense to the owner or operator. (Added by Stats. 1973, Ch. 880.)
  26. 4583.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Certain registered professional foresters must report plan deviations to the owner and operator when the deviations may threaten required conservation standards or related regulations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4583.2. The registered professional forester who prepared the timber harvesting plan and or any other registered professional forester who is employed by the owner or operator, shall report to the owner and operator if there are deviations of any sort from the plan that in the forester’s judgment threaten the attainment of the resource conservation standards or other regulations promulgated pursuant to this chapter. (Amended by Stats. 2011, Ch. 584, Sec. 25. (AB 1414) Effective January 1, 2012.)
  27. 4583.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    If the board finds a material misstatement in a timber harvesting plan or report filing, it must take disciplinary action against the forester under Section 775.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4583.5. If the board finds that the registered professional forester has made a material misstatement in the filing of a timber harvesting plan or report pursuant to this chapter, it shall take disciplinary action against the forester as provided under Section 775. (Amended by Stats. 2011, Ch. 584, Sec. 26. (AB 1414) Effective January 1, 2012.)
  28. 4584.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board may exempt certain forest-management activities from this chapter, but applicants and owners must follow limits, notice rules, and related regulatory conditions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4584. Upon determining that this exemption is consistent with the purposes of this chapter, the board may exempt from this chapter, or portions of this chapter, a person engaged in forest management whose activities are limited to any of the following: (a) The cutting or removal of trees for the purpose of constructing or maintaining a right-of-way for utility lines. (b) The planting, growing, nurturing, shaping, shearing, removal, or harvest of immature trees for Christmas trees or other ornamental purposes or minor forest products, including fuelwood. (c) The cutting or removal of dead, dying, or diseased trees of any size. (d) Site preparation. (e) Maintenance of drainage facilities and soil stabilization treatments. (f) Timber operations on land managed by the Department of Parks and Recreation. (g) (1) The one-time conversion of less than three acres to a nontimber use. A person, whether acting as an individual, as a member of a partnership, or as an officer or employee of a corporation or other legal entity, shall not obtain more than one exemption pursuant to this subdivision in a five-year period. If a partnership has as a member, or if a corporation or 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, 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 subdivision, means an individual, partnership, corporation, or other legal entity. (2) (A) Notwithstanding Section 4554.5, the board shall adopt regulations that do all of the following: (i) Identify the required documentation of a bona fide intent to complete the conversion that an applicant will need to submit in order to be eligible for the exemption in paragraph (1). (ii) Authorize the department to inspect the sites approved in conversion applications that have been approved on or after January 1, 2002, in order to determine that the conversion was completed within the two-year period described in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1104.1 of Title 14 of the California Code of Regulations. (iii) Require the exemption pursuant to this subdivision to expire if there is a change in timberland ownership. The person who originally submitted an application for an exemption pursuant to this subdivision shall notify the department of a change in timberland ownership on or before five calendar days after a change in ownership. (iv) The board may adopt regulations allowing a waiver of the five-year limitation described in paragraph (1) upon finding that the imposition of the five-year limitation would impose an undue hardship on the applicant for the exemption. The board may adopt a process for an appeal of a denial of a waiver. (v) The board may adopt regulations allowing a waiver of the one-time limitation described in paragraph (1) upon finding that the imposition of the one-time limitation would impose an undue hardship on the applicant. The board may adopt a process for an appeal of a denial of a waiver. (B) The application form for the exemption pursuant to paragraph (1) shall prominently advise the public that a violation of the conversion exemption, including a conversion applied for in the name of someone other than the person or entity implementing the conversion in bona fide good faith, is a violation of this chapter and penalties may accrue up to ten thousand dollars ($10,000) for each violation pursuant to Article 8 (commencing with Section 4601). (h) An easement granted by a right-of-way construction agreement administered by the federal government if timber sales and operations within or affecting the area are reviewed and conducted pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). (i) (1) The cutting or removal of trees in compliance with Sections 4290 and 4291 that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of not more than 150 feet on each side from an approved and legally permitted structure that complies with the California Building Standards Code, when that cutting or removal is conducted in compliance with this subdivision. For purposes of this subdivision, an “approved and legally permitted structure” includes only structures that are designed for human occupancy, garages, barns, stables, and structures used to enclose fuel tanks. (2) (A) The cutting or removal of trees pursuant to this subdivision is limited to cutting or removal that will result in a reduction in the rate of fire spread, fire duration and intensity, fuel ignitability, or ignition of the tree crowns and shall be in accordance with any regulations adopted by the board pursuant to this section. (B) Trees shall not be cut or removed pursuant to this subdivision by the clearcutting regeneration method, by the seed tree removal step of the seed tree regeneration method, or by the shelterwood removal step of the shelterwood regeneration method. (3) (A) All fuel treatments conducted pursuant to this subdivision that do not comply with board rules and regulations may be determined to be a nuisance and subject to abatement by the department or the city or county having jurisdiction. (B) The costs incurred by the department, city, or county, as the case may be, to abate the nuisance upon a parcel of land subject to the timber operations, including, but not limited to, investigation, boundary determination, measurement, and other related costs, may be recovered by special assessment and lien against the parcel of land by the department, city, or county. The assessment may be collected at the same time and in the same manner as ordinary ad valorem taxes, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ad valorem taxes. (4) All timber operations conducted pursuant to this subdivision shall conform to applicable city or county general plans, city or county implementing ordinances, and city or county zoning ordinances. This paragraph does not authorize the cutting, removal, or sale of timber or other solid wood forest products within an area where timber harvesting is prohibited or otherwise restricted pursuant to the rules or regulations adopted by the board. (5) (A) The board shall adopt regulations, initially as emergency regulations in accordance with subparagraph (B), that the board considers necessary to implement and to obtain compliance with this subdivision. (B) The emergency regulations adopted pursuant to subparagraph (A) shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (j) (1) (A) The harvesting of trees, limited to those trees that eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns, for the purpose of reducing the rate of fire spread, duration and intensity, fuel ignitability, or ignition of tree crowns. An exemption pursuant to this paragraph shall be known as the Forest Resilience Exemption. (B) The board may authorize an exemption pursuant to subparagraph (A) only if the tree harvesting will decrease fuel continuity and increase the quadratic mean diameter of the stand, and the tree harvesting area will not exceed 500 acres. Increases in quadratic mean diameter shall only consider trees greater than eight inches in diameter at breast height. The notice of exemption may be authorized only if all of the conditions specified in subparagraphs (C) to (I), inclusive, are met. (C) A registered professional forester shall prepare the notice of exemption and submit it to the director. (D) (i) The submitted notice of exemption shall include a description of the preharvest stand structure and a statement of the postharvest stand stocking levels and the expected postharvest increase in quadratic mean diameter. (ii) The level of residual stocking shall be consistent with maximum sustained production of high-quality timber products. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand. Stocking shall not be reduced below the standards required by the following provisions that apply to the exemption at issue: (I) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph (1) of subdivision (a) of Sections 913.3, 933.3, and 953.3 of Title 14 of the California Code of Regulations, or clauses 1 to 4, inclusive, of subparagraph (A) of paragraph (2) of subdivision (a) of Sections 913.2, 933.2, and 953.2 of Title 14 of the California Code of Regulations. (II) The registered professional forester responsible for preparing the notice of exemption shall identify the designated postharvest stocking within the notice of exemption. The selected stocking shall be applicable to, and consistent with, silviculture that would apply to the preharvest stand condition provided pursuant to clause (i). (III) Additional information on preharvest stand conditions, including, but not limited to, stand ages, stand structure, past management activities, and landowner goals and objectives shall also be provided by the registered professional forester preparing and submitting the exemption that substantiates the selection of postharvest stocking. (iii) Within the coast district, if the preharvest dominant and codominant crown canopy is occupied by trees less than 14 inches in diameter at breast height, a minimum of 100 trees over 4 inches in diameter at breast height shall be retained per acre for Site I, II, and III lands, and a minimum of 75 trees over 4 inches in diameter at breast height shall be retained per acre for Site IV and V lands. (iv) Within the northern district and southern district, if the preharvest dominant and codominant crown canopy is occupied by trees less than 14 inches in diameter at breast height, a minimum of 65 trees per acre over 4 inches in diameter at breast height shall be retained. (v) All trees that are harvested or all trees that are retained shall be marked or sample marked by, or under the supervision of, a registered professional forester before felling operations begin. The board shall adopt regulations for sample marking for this section in Title 14 of the California Code of Regulations. Sample marking shall be limited to homogenous forest stand conditions typical of plantations. (vi) The board may adopt specific regulations for the removal of dead and dying trees in amounts less than 10 percent of the average volume per acre for trees up to 36 inches in diameter at breast height. Regulations adopted by the board shall consider safety, fuel hazard abatement, mortality capture, the adequacy and retention of wildlife trees, especially those trees over 30 inches in diameter at breast height, and standards of enforceability for the department. All trees over 30 inches in diameter at breast height that are harvested pursuant to this paragraph shall be marked by, or under the supervision of, a registered professional forester before felling. The registered professional forester shall consult with the director before felling any dead or dying trees in excess of 30 inches in diameter at breast height. (vii) All trees harvested pursuant to this paragraph shall be marked by, or under the supervision of, a registered professional forester before felling operations begin. (viii) The six largest trees per acre within the boundaries of a notice of exemption submitted pursuant to this subdivision shall not be harvested. (ix) No trees of the genus Quercus that are greater than 22 inches in diameter at breast height shall be harvested under a notice of exemption submitted pursuant to this subdivision, except for those trees that need to be removed to mitigate safety. (x) The postharvest composition of tree species shall be representative of the preharvest stand condition and demonstrate progression towards climax forest conditions, unless the registered professional forester provides information explaining how modification of species diversity will benefit forest health and resiliency. (E) (i) The board shall adopt regulations for the treatment of understory vegetation and standing dead fuels, canopy closure, clearance to base of live crown, or ladder fuels, that could promote the spread of wildfire. (ii) Slash and woody debris within 50 feet of a public road or critical infrastructure, as defined by the board, shall be chipped, burned, or removed. (iii) The standards required by clauses (i) and (ii) shall be achieved on approximately 80 percent of the treated area. (F) Before the submission of a notice of exemption to the department, the registered professional forester responsible for submitting the notice shall designate temporary road locations, landing locations, tractor road crossings of Class III watercourses, unstable areas, or connected headwall swales on the ground and map their locations. (G) The construction or reconstruction of temporary roads on slopes of 30 percent or less shall be allowed if all of the following conditions are met: (i) Temporary roads or landings shall not be located on unstable areas, as defined in Section 895.1 of Title 14 of the California Code of Regulations. (ii) Temporary roads shall be single-lane in width. (iii) Temporary roads shall not be located across a connected headwall swale, as defined in Section 895.1 of Title 14 of the California Code of Regulations. (iv) Construction or reconstruction of temporary roads, landings, or watercourse crossings shall not occur during the winter operating period. Pursuant to subdivision (g) of Sections 923.6, 943.6, and 963.6, as applicable, of Title 14 of the California Code of Regulations, roads and landings used for log hauling or other heavy equipment uses during the winter period shall occur on a stable operating surface and, where necessary, be surfaced with rock to a depth and quantity sufficient to maintain the stable operating surface. Use shall be prohibited on roads that are not hydrologically disconnected and exhibit saturated soil conditions. Timber operations during the winter period shall comply with paragraphs (1) and (2) of subdivision (c) of Sections 914.7, 934.7, and 954.7, as applicable, of Title 14 of the California Code of Regulations. (v) Use of temporary roads shall comply with the operational provisions of Article 12 (commencing with Section 923) of Subchapter 4 of Chapter 4 of Division 1.5 of Title 14 of the California Code of Regulations, and recognize guidance on hydrologic disconnection in Technical Rule Addendum Number 5. (vi) No logging road or landings construction or reconstruction activities of any kind shall occur within 200 feet of Class I and Class II watercourses or within 50 feet of a Class III watercourse. (vii) The landowner shall retain a registered professional forester who is available to provide professional advice to the licensed timber operator and timberland owner throughout the active timber operations. The name, address, telephone number, and registration number of the retained registered professional forester shall be provided on the submitted notice of exemption. This professional advice shall include overseeing the construction or reconstruction of any temporary roads or landings and advising on necessary mitigation to avoid potential impacts to associated watershed and forest resources. The registered professional forester shall also comply with Section 1035.2 of Title 14 of the California Code of Regulations, relating to interaction between the licensed timber operator and the registered professional forester. (viii) The registered professional forester responsible for submitting the notice of exemption shall affirm that the construction or reconstruction of each temporary road is necessary to provide access to harvest areas where no feasible alternative exists. The submitted notice of exemption shall include the number and cumulative length of temporary roads that will be constructed or reconstructed. (ix) (I) Temporary road construction or reconstruction shall be limited to no more than two miles of road per ownership in a planning watershed per any five-year period. (II) For each exemption affecting less than 40 acres, all temporary roads constructed or reconstructed under this exemption shall not exceed a cumulative length of 300 feet. (III) For each exemption affecting between 40 and 80 acres, all temporary roads constructed or reconstructed under this exemption shall not exceed a cumulative length of between 300 and 600 feet, as determined on a pro rata basis by the total acreage affected by the exemption. (IV) For each exemption affecting over 80 acres, all temporary roads constructed or reconstructed under the exemption shall not exceed a cumulative length of 600 feet. The submitted notice of exemption shall list the number of acres affected and the cumulative length of the road in feet. (V) Temporary roads constructed or reconstructed under this exemption shall not be connected to other temporary roads constructed under previous or subsequent exemptions filed under this paragraph. (VI) All temporary roads shall be abandoned using proactive measures that have been applied to effectively remove them from the permanent road network, in accordance with the definition of abandoned road as defined in Section 895.1 of Title 14 of the California Code of Regulations. (VII) This paragraph shall not be interpreted to permit road construction or reconstruction except as authorized under the Forest Resilience Exemption, pursuant to this subparagraph. (VIII) No trees larger than 30 inches in diameter at breast height shall be removed for the purposes of road construction or reconstruction under a notice of exemption submitted pursuant to this subdivision. (H) Only trees less than 30 inches in diameter at breast height may be removed. The board, in consultation with the department, shall develop clearly written guidance documents on inspection and enforceability standards relating to standards set forth in this paragraph. (I) All timber operations conducted pursuant to this subdivision shall only occur within the most recent version of the department’s Fire Hazard Severity Zone Map in the moderate, high, and very high fire threat zones. (J) If pesticides or herbicides will be used within the boundaries of an area covered by a notice of exemption pursuant to this subparagraph within one year of director acceptance, the timberland owner shall notify the appropriate regional water quality control board 10 days before application of any pesticides or herbicides. (K) After the timber operations are complete, the department shall conduct an onsite inspection to determine compliance with this subdivision and whether appropriate enforcement action should be initiated. The department shall notify the appropriate regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey seven days prior to conducting the onsite inspection. The regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey may conduct an inspection with the department. (2) (A) The board shall adopt regulations, initially as emergency regulations in accordance with subparagraph (B), that the board considers necessary to implement and to obtain compliance with this subdivision. (B) The emergency regulations adopted pursuant to subparagraph (A) shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (3) This subdivision shall become inoperative on January 1, 2031. (k) (1) The cutting or removal of trees to restore and conserve California black or Oregon white oak woodlands and associated grasslands, if all of the following requirements are met: (A) A registered professional forester shall prepare the notice of exemption and submit it to the director. The notice shall include both of the following: (i) A certification signed by the registered professional forester that the timber operation is designed to restore and conserve California black and Oregon white oak woodlands and associated grasslands encroached upon by conifers and that a minimum of 35 square feet of basal area per acre, or as determined by the board, of California black or Oregon white oak, or both, occupy the proposed treatment area at the time the notice is prepared. (ii) A description of the preharvest stand structure and a statement of the postharvest stand stocking levels. (B) No tree larger than 30 inches in diameter at breast height shall be harvested for commercial purposes. If necessary to achieve the oak woodland restoration goal of the exemption, trees larger than 30 inches in diameter at breast height may be harvested. The registered professional forester shall provide information on the need to remove these trees, and consult with the director before felling any tree in excess of 30 inches in diameter at breast height. (C) Only conifers within 300 feet of a California black or Oregon white oak may be harvested. (D) The total area exempted pursuant to this subdivision shall not exceed 300 acres per ownership in a planning watershed per five-year period. (E) Conifer shall be reduced to less than 25 percent of the combined hardwood and conifer postharvest stand stocking levels. Decadent and deformed trees of wildlife value that are retained shall not count toward basal area requirements. (F) No more than 20 percent of the total basal area of preexisting oak stock shall be cut or removed during harvest. The board may establish minimum postharvest basal area requirements for California black or Oregon white oak. (G) Slash shall be configured to minimize the risk of fire mortality to the remaining oak trees. (2) (A) The board shall adopt regulations, initially as emergency regulations in accordance with subparagraph (B), that the board considers necessary to implement and to obtain compliance with this subdivision. (B) The emergency regulations adopted pursuant to subparagraph (A) shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (l) (1) The board may exempt from this chapter, or portions of this chapter, a person engaged in forest management whose activities are limited to the cutting or removal of trees on the person’s property in compliance with Sections 4290 and 4291 that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of not more than 300 feet on each side from an approved and legally permitted habitable structure, when that cutting or removal is conducted in compliance with this subdivision and all of the following conditions are met: (A) The notice of exemption is prepared, signed, and submitted by a registered professional forester to the department. (B) For the areas between 150 and 300 feet from the habitable structure, the operations meet all of the following provisions: (i) The residual stocking standards are consistent with Sections 913.2, 933.2, and 953.2 of Title 14 of the California Code of Regulations, as appropriate. (ii) Activities within this area will increase the quadratic mean diameter of the stand. (iii) The residual stand consists primarily of healthy and vigorous dominant and codominant trees from the preharvest stand, well distributed throughout the harvested area. (iv) Postharvest slash treatment and stand conditions will lead to more moderate fire behavior in the professional judgment of the registered professional forester who submits the notice of exemption. (v) Any additional guidance for slash treatment and postharvest stand conditions and any other issues deemed necessary that are consistent with this section, as established by the board. (2) For purposes of this subdivision, “habitable structure” means a building that contains one or more dwelling units or that can be occupied for residential use. Buildings occupied for residential use include single-family homes, multidwelling structures, mobile and manufactured homes, and condominiums. For purposes of this subdivision, “habitable structure” does not include commercial, industrial, or incidental buildings such as detached garages, barns, outdoor sanitation facilities, and sheds. (3) This subdivision shall become inoperative on January 1, 2031. (Amended by Stats. 2025, Ch. 236, Sec. 17. (SB 831) Effective January 1, 2026.)
  29. 4584.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    This section sets standards for board rules and for notices, timing, tree handling, and operating limits for certain timber operations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4584.1. Rules and regulations adopted by the board pursuant to Section 4584, except subdivision (k) of Section 4584, shall comply with the following standards, as determined appropriate and necessary by the board: (a) Notices of exemption that are prepared and submitted to the director shall include a map of the area of operations that complies with the requirements of paragraphs (1), (3), and (4), subparagraphs (A), (B), (D), and (E) of paragraph (5), paragraphs (7) to (12), inclusive, and paragraph (14) of subdivision (x) of Section 1034 of Title 14 of the California Code of Regulations. (b) Notices of exemption that are prepared and submitted to the director shall provide a confidential archaeological letter that includes all the information required by paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of Sections 929.1, 949.1 and 969.1, as applicable, of Title 14 of the California Code of Regulations, and site records if required pursuant to subdivision (g) of that section or pursuant to Section 929.5 of Title 14 of the California Code of Regulations. This subdivision shall not apply to activities described in subdivision (i) or (m) of Section 4584. (c) All fuel treatments required by the board shall be completed within one year from the date the director receives the notice, with the exception of burning. This shall include treatment of surface fuels, wood debris, and slash, which shall be lopped, removed, chipped, piled for burning, or otherwise treated. Burning shall be completed within two years from the date the director receives the notice of exemption. (d) Slash and woody debris shall be treated to achieve a maximum postharvest depth of 18 inches above the ground except within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code. Surface fuels, slash, and woody debris within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code shall be chipped, piled, and burned, or removed. (e) Timber operations shall comply with the requirements of paragraphs (1) to (10), inclusive, of subdivision (b) of Section 1038 of Title 14 of the California Code of Regulations. (f) All timber operations conducted in Lake Tahoe Region shall have a valid Tahoe Basin Tree Removal Permit, as defined by the Tahoe Regional Planning Agency (TRPA), or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA. (g) The submitted notice of exemption shall include selection criteria for the trees to be harvested or the trees to be retained. (h) The department shall provide the appropriate regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey with copies of notices of exemption when they are submitted. (i) The submitted notice of exemption shall include the tentative commencement date of timber operations. (j) Within a 15-day period, the registered professional forester or person responsible for the submittal of the notice of exemption shall notify the department, the Department of Fish and Wildlife, the appropriate regional water quality control board, and the California Geological Survey of the actual date of commencement of timber operations. (k) Timber operations pursuant to an exemption may not commence for 10 working days from the date of the director’s receipt of the notice of exemption unless this delay is waived by the director. The director shall determine whether the notice of exemption is complete, and if so, shall send a copy of a notice of acceptance to the submitter. If the notice of exemption is not complete and accurate, it shall be returned to the submitter and the timber operator may not proceed. If the director does not act within 10 days of receipt of the notice of exemption, timber operations may commence. (l) (1) No large old trees, defined as a tree that existed before 1800 AD or is greater than 60 inches in diameter at stump height for Sierra or Coast Redwoods, and 48 inches in diameter at stump height for all other tree species or Decadent and Deformed Trees with Value to Wildlife, as defined in Section 895.1 of Title 14 of the California Code of Regulations, shall be harvested unless the following apply: (A) The tree is not critical for the maintenance of a Late Successional Stand. (B) A registered professional forester attached to the submitted notice of exemption a written explanation and justification for the harvest of the tree based on the registered professional forester’s finding of any of the following: (i) The tree is a hazard to safety or property. (ii) The removal of the tree is necessary for the construction of a building as approved by the appropriate local jurisdiction and shown on the county or city approved site plan, which shall be attached to the submitted notice of exemption. (iii) The tree is dead or likely to die within one year of the date of the proposed removal, as determined by a registered professional forester. (2) A registered professional forester-written explanation or justification need not be attached to the submitted notice of exemption if an approved Habitat Conservation Plan, Sustained Yield Plan, or plan, as that term is defined in Section 895.1 of Title 14 of the California Code of Regulations addresses large old tree retention for the area in which the large old tree is proposed for removal and the removal is in compliance with the retention standards of that document. (3) Any tree harvested pursuant to this subdivision shall be shown on a map provided with the submitted notice of exemption to the department. (4) This subdivision shall not apply to or be used in conjunction with the Forest Resilience Exemption created pursuant to subdivision (j) of Section 4584. (m) Helicopter yarding shall be prohibited. (n) All applicable provisions of the Professional Foresters Law, including, but not limited to, Sections 775 to 779, inclusive, of this code, as well as all applicable provisions of Registration of Professional Forester Rules, including, but not limited to, Sections 1612 to 1614, inclusive, of Title 14 of the California Code of Regulations, shall apply to the practice of professional forestry as it relates to this section. (Amended by Stats. 2025, Ch. 236, Sec. 18. (SB 831) Effective January 1, 2026.)
  30. 4584.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    This section sets conditions for notices of exemption and timber operations, including required contents, treatment deadlines, notice timing, and a ban on helicopter yarding.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4584.2. Rules and regulations adopted by the board pursuant to subdivision (j) of Section 4584, shall comply with the following standards: (a) Notices of exemption that are prepared and submitted to the director shall include a map of the area of operations that complies with the requirements of paragraphs (1), (3), and (4), subparagraphs (A), (B), (D), and (E) of paragraph (5), paragraphs (7) to (12), inclusive, and paragraph (14) of subdivision (x) of Section 1034 of Title 14 of the California Code of Regulations. (b) Notices of exemption that are prepared and submitted to the director shall provide a confidential archaeological letter that includes all the information required by paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of Sections 929.1, 949.1 and 969.1, as applicable, of Title 14 of the California Code of Regulations, and site records if required pursuant to subdivision (g) of that section or pursuant to Section 929.5 of Title 14 of the California Code of Regulations. (c) All fuel treatments required by the board shall be completed within one year from the date the director receives the notice, with the exception of burning. This shall include treatment of surface fuels, wood debris, and slash, which shall be lopped, removed, chipped, piled for burning, or otherwise treated. Burning shall be completed within two years from the date the director receives the notice of exemption. (d) Slash and woody debris shall be treated to achieve a maximum postharvest depth of 18 inches above the ground except within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code. Surface fuels, slash, and woody debris within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code shall be chipped, burned, or removed. (e) Timber operations shall comply with the requirements of paragraphs (1) to (4), inclusive, and (6) to (10), inclusive, of subdivision (b) of Section 1038 of Title 14 of the California Code of Regulations. (f) All timber operations conducted in Lake Tahoe Region must have a valid Tahoe Basin Tree Removal Permit, as defined by the Tahoe Regional Planning Agency (TRPA), or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA. (g) The submitted notice of exemption shall include selection criteria for the trees to be harvested or the trees to be retained. (h) The department shall provide the appropriate regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey with copies of notices of exemption when they are submitted. (i) The submitted notice of exemption shall include the tentative commencement date of timber operations. (j) Within a 15-day period, the registered professional forester responsible for the submittal of the notice of exemption shall notify the department, the Department of Fish and Wildlife, the appropriate regional water quality control board, and the California Geological Survey of the actual date of commencement of timber operations. (k) Operations pursuant to an exemption may not commence for 10 working days from the date of the director’s receipt of the notice of exemption unless this delay is waived by the director. The director shall determine whether the notice of exemption is complete, and if so, shall send a copy of a notice of acceptance to the submitter. If the notice of exemption is not complete and accurate, it shall be returned to the submitter and the timber operator may not proceed. If the director does not act within five days of receipt of the notice of exemption, timber operations may commence. (l) (1) No Decadent and Deformed Trees with Value to Wildlife, as defined in Section 895.1 of Title 14 of the California Code of Regulations, shall be harvested unless all the following apply: (A) The tree is not critical for the maintenance of a Late Successional Stand. (B) A registered professional forester attached to the submitted notice of exemption a written explanation and justification for the harvest of the tree based on the registered professional forester’s finding of any of the following: (i) The tree is a hazard to safety or property. (ii) The removal of the tree is necessary for the construction of a building as approved by the appropriate local jurisdiction and shown on the county or city approved site plan which shall be attached to the submitted notice of exemption. (iii) The tree is dead or likely to die within one year of the date of the proposed removal, as determined by a registered professional forester. (2) A registered professional forester’s written explanation or justification need not be attached to the submitted notice of exemption if an approved Habitat Conservation Plan, Sustained Yield Plan, or plan as that term is defined in Section 895.1 of Title 14 of the California Code of Regulations addresses large old tree retention for the area in which the large old tree is proposed for removal and the removal is in compliance with the retention standards of that document. (3) Any tree harvested pursuant to this subdivision shall be shown on a map provided with the submitted notice of exemption to the department. (4) This subdivision shall not apply to or be used in conjunction with the Forest Resilience Exemption created pursuant to subdivision (j) of Section 4584. (m) Helicopter yarding shall be prohibited. (n) All applicable provisions of the Professional Foresters Law, including, but not limited to, Sections 775 to 779, inclusive, of this code, as well as all applicable provisions of Registration of Professional Forester Rules, including, but not limited to, Sections 1612 to 1614, inclusive, of Title 14 of the California Code of Regulations apply to the practice of professional forestry as it relates to this section. (Amended by Stats. 2025, Ch. 236, Sec. 19. (SB 831) Effective January 1, 2026.)
  31. 4584.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Owners of harvested timber are not exempt from registering with the State Board of Equalization or paying any applicable timber yield taxes.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4584.5. Nothing in Section 4584 shall exempt the owner of any timber harvested from registering with the State Board of Equalization or from the payment of any applicable timber yield taxes imposed pursuant to Section 38115 of the Revenue and Taxation Code. (Added by Stats. 1994, Ch. 746, Sec. 3. Effective September 22, 1994.)
  32. 4585.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Timber owners or their agents must file a completion report with the department within one month after the covered work is finished, with limited exclusions. If the whole plan is not finished, they may file annual reports for completed portions of the area.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4585. (a) Within one month after completion of the work described in the timber harvesting plan or nonindustrial timber harvest notice, excluding work for stocking, site preparation, or maintenance of drainage facilities and soil stabilization treatments on skid trails, roads, and landings after the plan period, a report shall be filed by the timber owner or the owner’s agent with the department that all work, except stocking, site preparation, or maintenance of drainage facilities and soil stabilization treatments, has been completed. (b) If all of the work described in the plan has not been completed, a report may be filed annually with respect to a portion of the area covered by the plan which has been completed. The portion completed shall be adequately identified on a map submitted with the report. (Amended (as added by Stats. 1989, Ch. 1290, Sec. 3) by Stats. 1993, Ch. 706, Sec. 1. Effective January 1, 1994.)
  33. 4586.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The director must inspect the completed work within six months after receiving the work completion report, issue a satisfactory completion report if the work complies, and take corrective action if it does not.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4586. Within six months of the receipt of the work completion report specified in Section 4585, the director shall determine, by inspection, whether the work described in the report has been properly completed in conformity with the rules and regulations of the board and the standards of this chapter. If the work has been so completed, the director shall issue a report of satisfactory completion of the work. If not, the director shall take corrective action as the director determines to be appropriate in accordance with Article 8 (commencing with Section 4601). (Amended by Stats. 2021, Ch. 133, Sec. 82. (SB 272) Effective July 23, 2021.)
  34. 4587.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Timber owners or their agents must file a stocking report within five years after timber operations end, and the board must set sampling rules and waiver conditions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4587. (a) Within five years after completion of timber operations on an area identified in a report submitted pursuant to Section 4585 or nonindustrial timber harvest notice, a report of stocking with respect to that area shall be filed by the timber owner or the owner’s agent with the department. A separate report of stocking may be filed with the work completion report for those areas which meet stocking requirements upon completion of timber operations. The board, by regulation, shall establish one or more statistically valid standardized sampling procedures designed to measure the number of trees and their dispersion. (b) Notwithstanding subdivision (a), the board shall adopt regulations which specify the conditions and manner in which the necessity of employing sampling procedures may be waived. The regulations shall provide that, in addition to any other possible conditions which may be required by the board, the standard sampling procedures may be waived only if the director or the director’s representative and the timber owner, or a registered professional forester acting as the owner’s agent, agree that the area is adequately stocked to meet the standards of this chapter and any applicable rules or regulations of the board. The regulations shall require that, if the director or the director’s representative does not agree that the area is so stocked, a standardized sample shall be required. (Amended (as added by Stats. 1989, Ch. 1290, Sec. 7) by Stats. 1993, Ch. 706, Sec. 5. Effective January 1, 1994.)
  35. 4588.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The director must inspect stocking completion within six months after receiving the stocking report, issue a satisfactory completion report if stocking is properly completed, and take corrective action if it is not.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4588. Within six months of the receipt of the stocking report, the director shall determine, by inspection, whether the stocking has been properly completed. If the stocking is properly completed, the director shall issue a report of satisfactory completion of stocking. If the stocking is not properly completed, the director shall take corrective action as the director deems appropriate in accordance with Article 8 (commencing with Section 4601) of this chapter. (Amended by Stats. 2021, Ch. 133, Sec. 83. (SB 272) Effective July 23, 2021.)
  36. 4589.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The department and board must review and submit an annual report to the Legislature on certain forestry exemption and emergency notice provisions, and the board must notify the Secretary of State when emergency regulations are adopted.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, and the State Water Resources Control Board, shall, commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of posttreatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584, as those subdivisions read on January 1, 2024. (b) The public shall be provided opportunities to participate in the review and the development of the report. (c) The report shall be submitted pursuant to Section 9795 of the Government Code. (d) (A) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative. (B) The board shall notify the Secretary of State when emergency regulations have been adopted. (Amended by Stats. 2024, Ch. 388, Sec. 4. (AB 2276) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions.)
  37. 4590.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A timber harvesting plan generally lasts up to five years, and some plans may be extended if the statutory conditions and notice requirements are met.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4590. (a) (1) A timber harvesting plan approved by the department on or after July 1, 2012, is effective for a period of not more than five years, unless extended pursuant to paragraph (2). (2) A timber harvesting plan, pursuant to which timber operations have commenced, but have not been completed, may be extended by amendment for two years in order to complete the timber operations, if both of the following conditions are met: (A) Good cause is shown. (B) All timber operations are in conformance with the timber harvesting plan, this chapter, and all applicable rules and regulations, upon the filing of the notice of extension as required by this section. (b) The extension shall apply to any area covered by the timber harvesting plan for which a report has not been submitted under Section 4585. The notice of extension shall be provided to the department not sooner than 140 days, but at least 10 days, prior to the expiration date of the timber harvesting plan. The notice shall include the circumstances that prevented a timely completion of the timber operations under the timber harvesting plan and, consistent with Section 4583, an agreement to comply with this chapter and the rules and regulations of the board as these exist on the date the extension notice is filed. (c) Stocking work may continue for more than the effective period of a timber harvesting plan under subdivision (a), but shall be completed within five years after the conclusion of other work. (d) In addition to the extension authorized by paragraph (2) of subdivision (a), a timber harvesting plan that is approved by the department from January 1, 2014, to December 31, 2015, inclusive, may be extended by amendment for an additional two years in order to complete the timber operations, if the timber harvesting plan complies with subparagraphs (A) and (B) of paragraph (2) of subdivision (a) and the notice of extension, pursuant to subdivision (b), includes written certification by a registered professional forester that neither of the conditions in subdivision (e) has occurred. (e) The department shall not approve an extension of a timber harvesting plan pursuant to subdivision (a) or (d) if either of the following has occurred: (1) Listed species, as defined in Article 1 (commencing with Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.), have been discovered in the logging area of the timber harvesting plan since approval of the plan. (2) Significant physical changes to the harvest area or adjacent areas have occurred since the timber harvesting plan’s cumulative impacts were originally assessed. (f) An extension of a timber harvesting plan for which either of the conditions in subdivision (e) has occurred may be obtained only pursuant to Section 1039 of Title 14 of the California Code of Regulations. (Amended by Stats. 2021, Ch. 734, Sec. 1. (SB 709) Effective October 8, 2021.)
  38. 4591.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Amendments to a timber harvesting plan may be submitted, but substantial deviations cannot begin until the amendment has been filed with and acted on by the department; amendments also cannot extend the plan’s effective period except as allowed by Section 4590.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4591. Amendments to the original timber harvesting plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until the amendment has been filed with, and acted upon, by the department in accordance with Sections 4582.7 and 4583. An amendment may not extend the effective period of the plan, except as provided in Section 4590. (Amended (as amended by Stats. 1989, Ch. 915) by Stats. 1993, Ch. 706, Sec. 9. Effective January 1, 1994.)
  39. 4591.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must set by regulation which deviations an operator may make without filing an amended plan, and it must set how those deviations are reported to the department.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4591.1. The board shall specify by regulation those deviations which may be undertaken by an operator without submission of an amended plan but which must subsequently be reported to the department, and provide for the manner of so reporting. (Amended by Stats. 1976, Ch. 1300.)
  40. 4592.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A registered professional forester may file an emergency notice for a timber owner or operator in an emergency, allowing timber operations to start immediately if the notice includes the required declaration.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4592. Notwithstanding any other provisions of this chapter, a registered professional forester may in an emergency, on behalf of a timber owner or operator, file an “emergency notice” with the department that shall allow immediate commencement of timber operations. The emergency notice shall include a declaration, under penalty of perjury, that a bona fide emergency exists which requires immediate harvest activities, and that any applicable timber yield taxes will be paid pursuant to Section 38115 of the Revenue and Taxation Code. Those emergencies shall be defined by the board and may include, but are not limited to, the necessity to harvest to remove fire-killed or damaged timber or insect or disease-infested timber, or to undertake emergency repairs to roads. (Amended by Stats. 1994, Ch. 746, Sec. 4. Effective September 22, 1994.)
  41. 4592.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The department must provide guidance, checklists, and related procedures for timber harvesting plan filing, review, and approval.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7. Timber Harvesting [4581 - 4592.5] ( Article 7 added by Stats. 1973, Ch. 880. ) ## 4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, and completion of timber harvesting plans, and the appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements: (1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations. (2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate. (3) The department, using the rules of the board, shall provide a checklist that, if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information. (b) In addition to the requirements in subdivision (a), the department shall issue guidance to achieve greater timber harvesting plan review accuracy and efficiency and to avoid duplication of efforts. The guidance shall include guidance to responsible agencies that rely on the timber harvesting plan for their analysis under the California Environmental Quality Act (Division 13 (commencing with Section 21000)) when the agencies are issuing a permit to enable implementation of all or part of the project. This guidance shall assist the responsible agencies to avoid duplication in information requests for the responsible agencies’ permits. Responsible agencies are encouraged to include mitigation measures prior to the close of public comment to ensure they are examined at a sufficient level of detail prior to the close of public comment. (c) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions. (d) For purposes of this section, “plan” or “timber harvesting plan” includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvesting plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans. (Amended by Stats. 2020, Ch. 370, Sec. 237. (SB 1371) Effective January 1, 2021.)
  42. 4593.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    The section states state policy favoring prudent management plans for nonindustrial timberlands and advance approval of those plans.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593. (a) The Legislature finds and declares that a substantial acreage of timberlands of the state are held by private nonindustrial owners and that it is the policy of the state to increase the productivity of these timberlands under prudent management plans to serve the public’s need for timber and other forest products. (b) The Legislature further finds and declares that minimal environmental harm is caused by prudent management of nonindustrial timberlands because low volume production and dispersion around the state of these small tracts reduces damage to aesthetics, air quality, watersheds, and wildlife. (c) The Legislature further finds and declares that it is the policy of the state to encourage prudent and responsible forest resource management of nonindustrial timberlands by approving nonindustrial timber management plans in advance and withdrawing governmental discretion to disapprove nonindustrial timber harvest notices submitted pursuant to the approved nonindustrial timber management plans. (d) It is not the intent of the Legislature by the enactment of this article to limit the penalties and enforcement provisions of this chapter. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  43. 4593.10.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    When land covered by a nonindustrial timber management plan changes ownership, the transferring landowner must give written notice to the buyer and send a copy to the department; the buyer then has one year to notify the department if they will assume the plan.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.10. (a) Upon a change of ownership of the land described in the nonindustrial timber management plan, the transferring landowner shall provide the acquiring landowner with written notice that discloses the existence of the plan and informs the acquiring landowner of the need to notify the department if the acquiring landowner intends to assume the plan. The transferring landowner shall also send the department a copy of the notice provided to the acquiring landowner. (b) If the transferring landowner fails to provide the notice required in subdivision (a) and the department discovers the change of ownership, the department shall provide the acquiring landowner with the notice described in subdivision (a). (c) The acquiring landowner shall have one year from the date of the receipt of the notice required pursuant to subdivision (a) or (b), whichever is applicable, to notify the department in writing of his or her assumption of the plan. If the department does not receive notification within this period, the department may cancel the plan. (d) A violation of this section by a landowner does not constitute a crime pursuant to Section 4601. (Amended by Stats. 2014, Ch. 291, Sec. 1. (AB 2239) Effective January 1, 2015.)
  44. 4593.11.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    A nonindustrial tree farmer may cancel a nonindustrial timber management plan by giving written notice to the department, but cancellation is not effective on land covered by a timber harvest notice after timber operations have started until a report of satisfactory completion is issued.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.11. The nonindustrial tree farmer may cancel the nonindustrial timber management plan by submitting a written notice to the department. Once timber operations have commenced pursuant to a nonindustrial timber harvest notice, cancellation is not effective on land covered by the notice until a report of satisfactory completion has been issued pursuant to Sections 4585, 4586, and 4587. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  45. 4593.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    This section defines key terms for nonindustrial timberlands, nonindustrial tree farmers, uneven aged management, sustained yield, nonindustrial timber management plans, and nonindustrial timber harvest notices.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.2. Notwithstanding Section 4521, unless the context otherwise requires, the following definitions govern construction of this article: (a) “Nonindustrial timberlands” means timberland owned by a nonindustrial tree farmer. (b) “Nonindustrial tree farmer” means an owner of timberland with less than 2,500 acres who has an approved nonindustrial management plan and is not primarily engaged in the manufacture of forest products. (c) “Uneven aged management” means the management of a specific forest, with the goal of establishing a well stocked stand of various age classes and which permits the periodic harvest of individual or small groups of trees to realize the yield and continually establish a new crop. (d) “Sustained yield” means the yield of commercial wood that an area of commercial timberland can produce continuously at a given intensity of management consistent with required environmental protection and which is professionally planned to achieve over time a balance between growth and removal. (e) “Nonindustrial timber management plan” means a management plan for nonindustrial timberlands with an objective of an uneven aged managed timber stand and sustained yield for each parcel or group of contiguous parcels meeting the requirements of Section 4593.3. A nonindustrial timber management plan may include multiple nonindustrial tree farmers, but shall not cover more than 2,500 acres. (f) “Nonindustrial timber harvest notice” means notice of timber harvest operations pursuant to an approved nonindustrial timber management plan and meeting the requirements of Section 4594. (Amended by Stats. 2018, Ch. 626, Sec. 17. (SB 901) Effective January 1, 2019.)
  46. 4593.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    A person who wants to become a nonindustrial tree farmer may file a nonindustrial timber management plan in writing with the department, and the plan must be prepared by a registered professional forester.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.3. A nonindustrial timber management plan may be filed with the department in writing by a person who intends to become a nonindustrial tree farmer with the long-term objective of an uneven aged timber stand and sustained yield through the implementation of a nonindustrial timber management plan. The nonindustrial timber management plan shall be prepared by a registered professional forester. It shall be a public record and shall include all of the following information: (a) The name and address of the timberland owner. (b) A description of the land on which the nonindustrial timber management plan is proposed to be implemented, including a United States Geological Survey quadrangle map or equivalent indicating the location of all streams, the location of all proposed and existing logging truck roads, and indicating boundaries of all site I classification timberlands to be stocked in accordance with subdivision (b) of Section 4561 and any other site classifications if the board establishes specific minimum stocking standards for other site classifications. (c) A description of the silviculture methods to be applied and the type of yarding equipment to be used. (d) An outline of the methods to be used to avoid excessive accelerated erosion from timber operations to be conducted within the proximity of a stream. (e) Special provisions, if any, to protect any unique area within the boundaries of the proposed nonindustrial timber management plan. (f) A description of the existing stand, its current projected growth, alterations required to achieve the management objectives, the projected timber volumes and tree sizes to be available for harvest, and projected frequencies of harvest. (g) A certification by the registered professional forester preparing the nonindustrial timber management plan that the registered professional forester or a designee has personally inspected the plan area. (h) Any other information the board provides by regulation to meet its rules and the standards of this chapter. (Amended by Stats. 2021, Ch. 133, Sec. 84. (SB 272) Effective July 23, 2021.)
  47. 4593.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    The board must adopt regulations for notice of receipt of a proposed nonindustrial timber management plan, and the notice must be given within two working days after submission.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.4. The board shall adopt regulations regarding the notice of receipt of the proposed nonindustrial timber management plan. The notice shall be given within two working days following submission of the proposed management plan and shall be consistent with Horn v. County of Ventura, 24 Cal. 3d 605, and all applicable laws. In adopting the regulations, the board shall take account of the extent of the administrative burden involved in giving the notice. The method of notice shall include, but not be limited to, mailed notice. The regulations may require the person submitting the nonindustrial timber management plan to provide to the department a list of the names and addresses of persons to whom the notice is to be mailed. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  48. 4593.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    The department must give notice of filed nonindustrial timber management plans to anyone who asks in writing.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.5. The department shall provide notice of the filing of nonindustrial timber management plans to any person who requests, in writing, that notification. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  49. 4593.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    When the department receives a nonindustrial timber management plan, it must file it for public inspection in the county and send copies to specified agencies.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.6. Upon receipt of the nonindustrial timber management plan, the department shall place it, or a true copy thereof, in a file available for public inspection in the county in which timber operations are proposed under the plan, and, for the purpose of interdisciplinary review, shall transmit a copy to the Department of Fish and Game, the appropriate California regional water quality control board, the county planning agency, and all other agencies having jurisdiction by law over natural resources affected by the plan. The department shall invite, consider, and respond in writing to comments received from public agencies to which the plan has been transmitted and shall consult with those agencies at their request. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  50. 4593.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    The director must review a nonindustrial timber management plan within 45 days, return it if it does not conform, and the board must hear appeals on a timely schedule.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.7. (a) The director has 45 days from the date the initial inspection is completed as provided in Section 4604, or a longer period mutually agreed upon by the director and the person submitting the nonindustrial timber management plan, to review the plan to determine if the plan is in conformance with the rules and regulations of the board and this chapter. If the director determines that the plan is not in conformance with the rules and regulations of the board or this chapter, the director shall return the plan, stating his or her reasons and advising the person submitting the plan of the person’s right to a hearing before the board. (b) If the director does not act within the time periods provided in subdivision (a), a longer period shall be negotiated and mutually agreed upon by the director and the person submitting the nonindustrial timber management plan. If a longer period cannot be mutually agreed upon, the nonindustrial timber management plan shall be deemed denied and returned to the person submitting the plan. (c) A person to whom a plan is returned may, within 10 days from the receipt of the plan, request the board for a public hearing before the board. The board shall schedule a public hearing to review the plan to determine if the plan is in conformance with the rules and regulations of the board and this chapter. Board action shall take place within 30 days from the filing of the appeal, or a longer period mutually agreed upon by the board and the person filing the appeal. If the plan is not approved on appeal to the board, the director, within 10 days of board action, may determine that the plan is in conformance if the plan is revised to bring it into full conformance with the rules and regulations of the board and this chapter. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  51. 4593.8.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    A nonindustrial tree farmer may submit a proposed amendment to an approved plan, but may not substantially deviate from the approved plan until the amendment is filed with the director and found compliant.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.8. The nonindustrial tree farmer may submit a proposed amendment to the approved plan and may not take any action which substantially deviates, as defined by the board, from the approved plan until the amendment has been filed with the director and the director has determined that the amendment is in compliance with the rules and regulations of the board and the provisions of this chapter which were in effect at the time the nonindustrial timber management plan was approved, in accordance with the same procedures specified in Section 4593.7. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  52. 4593.9.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    A nonindustrial tree farmer may carry out non-substantial deviations from an approved plan without filing an amendment, but must later report those actions to the department.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4593.9. The nonindustrial tree farmer may take actions which do not substantially deviate from the approved plan without the submittal of an amendment, but those actions shall be subsequently reported to the department. The board shall specify, by regulation, those nonsubstantial deviations which may be taken. The board shall specify the requirements for reporting those deviations. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  53. 4594.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    A qualifying nonindustrial tree farmer must file a written nonindustrial timber harvest notice with the department before harvesting timber.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4594. The nonindustrial tree farmer who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved nonindustrial timber management plan, and who plans to harvest any of the timber thereon during a given year, shall file a nonindustrial timber harvest notice with the department in writing. A notice shall be filed prior to the harvesting of any timber and shall be effective for a maximum of one year from the date of filing. If the person who files the notice is not the owner of the timberland, the person filing the notice shall notify the timberland owner by certified mail that the notice has been submitted, and shall certify that mailing to the department. The notice shall be a public record and shall include all of the following information: (a) The name and address of the timber owner. (b) The name and address of the timber operator. (c) The name and address of the registered professional forester preparing the nonindustrial timber harvest notice. (d) A description of the land on which the work is proposed to be done. (e) A statement that no archeological sites have been discovered in the harvest area since the approval of the nonindustrial timber management plan. (f) A statement that no rare, threatened, or endangered plant or animal species has been discovered in the harvest area since the approval of the nonindustrial timber management plan. (g) A statement that there have been no physical environmental changes in the harvest area that are so significant as to require any amendment of the nonindustrial timber management plan. (h) A certification by the registered professional forester that the notice as carried out will implement best management practices for protection of the beneficial uses of water, soil stability, forest productivity, and wildlife as required by the current rules of the board, or a certification that practices consistent with the original plan will not result in any significant degradation to the beneficial uses of water, soil stability, forest productivity, or wildlife. (i) Special provisions, if any, to protect any unique area within the area of timber operations. (j) The expected dates of commencement and completion of timber operations during the year. (k) A statement that the harvesting notice conforms to the provisions of the approved management plan. (l) Any other information the board provides by regulation to meet its rules and the standards of this chapter. (m) This section shall become operative on January 1, 1996. (Repealed (in Sec. 7) and added by Stats. 1992, Ch. 756, Sec. 8. Effective January 1, 1993. Section operative January 1, 1996, by its own provisions.)
  54. 4594.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    A registered professional forester must report plan deviations to the owner or operator when those deviations, in the forester’s judgment, threaten the plan’s resource conservation standards.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4594.2. The registered professional forester who prepares the nonindustrial timber management plan or prepares the notice, or any other registered professional forester who is employed by the owner or operator, shall report to the owner or operator if there are deviations from the plan which, in his or her judgment, threaten the attainment of the resource conservation standards of the plan. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  55. 4594.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    If the board finds a registered professional forester made a material misstatement in specified timber notices, plans, or reports, the board must take disciplinary action under Section 775.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4594.4. If the board finds that a registered professional forester has made any material misstatement in any nonindustrial timber harvesting notice, nonindustrial timber management plan, or report under this chapter, the board shall take disciplinary action against that registered professional forester as provided under Section 775. (Amended by Stats. 2021, Ch. 133, Sec. 85. (SB 272) Effective July 23, 2021.)
  56. 4594.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    A timber owner or operator may start timber operations immediately if a registered professional forester certifies the notice in writing; if the notice was mailed, operations may start three days after mailing.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4594.6. Notwithstanding any other provisions of this chapter, if a registered professional forester certifies by written declaration, on behalf of the timber owner or operator, that the nonindustrial timber harvesting notice conforms to, and meets the requirements of, the approved nonindustrial timber management plan under which it is filed, timber operations may commence immediately unless the notice has been filed by mailing, in which case operations may commence three days after the notice has been mailed. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  57. 4594.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. )

    Verify source ↗

    The department must cancel a previously approved nonindustrial timber management plan, and timber operations under it must stop, if uneven-aged management and sustained yield objectives are not being met or persistent uncorrected violations are found.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.5. Nonindustrial Timber Management Plan [4593 - 4594.7] ( Article 7.5 added by Stats. 1989, Ch. 1290, Sec. 9. ) ## 4594.7. If it is determined that the objectives of uneven aged management and sustained yield are not being met by a nonindustrial tree farmer, or there are other persistent violations detected that are not being corrected, a previously approved nonindustrial timber management plan shall be canceled by the department and any further timber operations under the plan shall be terminated. (Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
  58. 4597.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    Working forest landowners must comply with applicable water board requirements, and working forest management plans must meet rigorous timber inventory standards.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597. (a) The Legislature finds and declares all of the following: (1) The nonindustrial timber management plan established pursuant to Article 7.5 (commencing with Section 4593) has been successful in meeting the intent of this chapter by encouraging prudent and responsible forest management and discouraging accelerated timberland conversion by private nonindustrial forest landowners. (2) There have been more than 850 nonindustrial timber management plans approved by the department covering a combined area of more than 360,000 acres. (3) Building upon the model provided by the nonindustrial timber management plan, it is the policy of the state to encourage long-term planning, increased productivity of timberland, and the conservation of open space on a greater number of nonindustrial working forest ownerships and acreages. (4) It is the policy of the state to encourage prudent and responsible forest resource management of nonindustrial timberlands by approving working forest management plans in advance and authorizing working forest timber harvest notices to be filed ministerially. (5) To ensure long-term benefits such as added carbon sequestration, local and regional employment and economic activity, sustainable production of timber and other forest products, aesthetics, and the maintenance of ecosystem processes and services, the working forest management plan shall comply with rigorous timber inventory standards that are subject to periodic review and verification. (b) This article shall be implemented in a manner that complies with the applicable provisions of this chapter and other laws, including, but not limited to, the Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Division 1 of Title 5 of the Government Code), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the Porter Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of the Fish and Game Code). Working forest landowners, as defined in Section 4597.1, shall comply with all applicable regulatory requirements of the State Water Resources Control Board and the appropriate regional water quality control board. (Amended by Stats. 2018, Ch. 626, Sec. 18. (SB 901) Effective January 1, 2019.)
  59. 4597.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    This section defines terms used in the Working Forest Management Plan article and sets size/location limits for a working forest management plan and working forest landowner.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.1. Notwithstanding Section 4521, unless the context otherwise requires, the following definitions govern construction of this article: (a) “Long-term sustained yield” means the average annual growth sustainable by the inventory predicted at the end of a 100-year planning horizon, or a shorter planning horizon if the forest encompassed by the working forest management plan has reached a balance between growth and yield. (b) “Major stand type” means a stand that occupies an area equal to or greater than 25 percent of a working forest management plan. (c) “Management unit” means a geographically identifiable area delineated for silviculture or management purposes. A management unit is intended to reflect an area scheduled for harvest under the plan in any given year, but may also be designated to address specific resource sensitivities. (d) “Stand” means a geographically identifiable group of trees sufficiently uniform in age-class distribution, composition, and structure and growing on a site of sufficiently uniform quality to be a distinguishable unit. (e) “Strata” means a grouping of similar stands defined for silvicultural or management purposes, usually according to similarities in stand composition, structure, and age. (f) “Sustained yield” means the yield of commercial wood that an area of commercial timberland can produce continuously at a given intensity of management consistent with required environmental protection and that is professionally planned to achieve over time a balance between growth and removal. Sustained yield management implies continuous production planned so as to achieve, at the earliest practical time, a balance between growth and harvest. (g) “Uneven aged management” means forest management with the goal of establishing a well-stocked stand of various age classes, which permits the periodic harvest of individual or small groups of trees to achieve sustained yield objectives of the working forest management plan, and provide for regeneration of trees and maintenance of age class structure. (h) “Working forest harvest notice” means notice of timber harvest operations, pursuant to an approved working forest management plan, which meets the requirements of Section 4597.11. (i) “Working forest landowner” means an owner of timberland with less than 10,000 acres who has an approved working forest management plan and is not primarily engaged in the manufacture of forest products. (j) “Working forest management plan” means a management plan for working forest timberlands, with objectives of maintaining, restoring, or creating uneven aged managed timber stand conditions, achieving sustained yield, and promoting forestland stewardship that protects watersheds, fisheries and wildlife habitats, and other important values. A working forest management plan may include multiple working forest landowners, but shall cover no more than 10,000 acres of timberland. The harvest area, as defined in Section 895.1 of Title 14 of the California Code of Regulations, of a working forest management plan must be contained within a single hydrologic area as defined by State Water Resources Control Board’s CalWater 2.2. (k) “Working forest timberlands” means timberland owned by a working forest landowner. (Amended by Stats. 2018, Ch. 626, Sec. 19. (SB 901) Effective January 1, 2019.)
  60. 4597.10.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    A working forest landowner may cancel the working forest management plan by giving written notice to the department.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.10. The working forest landowner may cancel the working forest management plan by submitting a written notice to the department. Once timber operations have commenced pursuant to a working forest harvest notice, cancellation is not effective on land covered by the notice until a report of satisfactory completion has been issued pursuant to Sections 4585, 4586, and 4587. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  61. 4597.11.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    A qualifying working forest landowner must file a written harvest notice before harvesting timber, and the notice lasts at most one year.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.11. The working forest landowner who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved working forest management plan, and who plans to harvest any of the timber during a given year, shall file a working forest harvest notice with the department in writing. A notice shall be filed prior to the harvesting of any timber and shall be effective for a maximum of one year from the date of filing. If the person who files the notice is not the owner of the timberland, the person filing the notice shall notify the timberland owner by certified mail that the notice has been submitted and shall certify that mailing to the department. The notice shall be a public record and shall include all of the following information: (a) The name and address of the timber owner. (b) The name and address of the timber operator. (c) The name and address of the registered professional forester preparing the working forest management plan. (d) A description of the land on which the work is proposed to be done. (e) A statement that no archaeological sites have been discovered in the harvest area since the approval of the working forest management plan. (f) A statement that state or federally listed rare, threatened, candidate, or endangered plant or animal species have not been discovered in the harvest area since the approval of the working forest management plan. Prior to submitting the notice, a review of the California Natural Diversity Database or other public databases for any species listed as threatened, endangered, candidate, or rare, or species that meet the criteria of endangered or rare as provided in Section 15380 of Title 14 of the California Code of Regulations, shall be conducted after the initial year after the plan is approved. When a notice of operations is filed after the initial year the plan is approved, it shall comply with the following: (1) Documented occurrences obtained from a review of public and readily available sources of species state or federally listed as threatened, endangered, candidate, or rare within the biological assessment area and outside the area identified in the working forest harvest notice not addressed in the approved plan shall be submitted to the director as a minor deviation concurrently with the filing of a working forest harvest notice. (2) Occurrences of species that are state or federally listed as threatened, endangered, candidate, or rare discovered inside the area identified in the working forest harvest notice not addressed in the approved plan shall be submitted to the director as an amendment to the plan prior to filing a working forest harvest notice. The amendment shall contain take avoidance and mitigation measures if no such information is currently contained within the approved plan. (g) A statement that there are no physical environmental changes in the harvest area that are so significant as to require any amendment of the working forest management plan. (h) A certification by the registered professional forester that states either of the following: (1) The notice as carried out will protect the beneficial uses of water, soil stability, forest productivity, and wildlife as provided by the rules and regulations of the board and other applicable provisions of law. (2) Compliance with the rules and regulations of the board and the provisions of this chapter that were in effect at the time the working forest management plan was approved will not result in any significant degradation to the beneficial uses of water, soil stability, forest productivity, or wildlife. This paragraph shall only apply if the forester certifies that adherence to current or modified rules and regulations of the board would cause unreasonable additional expense to the working forest landowner. (i) Special provisions to protect unique areas, if any, within the area of timber operations. (j) The expected dates of commencement and completion of timber operations during the year. (k) A statement that the harvesting notice conforms to the provisions of the approved management plan. If any aspects of the proposed operation are less protective than the current forest practices rules, an explanation of the deviation and how resource values will be adequately protected. (l) An update on erosion control mitigation measures for the harvest area and any appurtenant roads if conditions have changed since the working forest management plan was approved and a certification from the registered professional forester that no additional listings of water bodies to the Section 303(d) of the Clean Water Act (33 U.S.C. Sec. 1313(d)) list have occurred on the lands of the plan. (m) Any other information the board provides by regulation to meet its rules and the standards of this chapter and other applicable provisions of law. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  62. 4597.12.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    The director must hold a five-year review meeting for an approved working forest management plan, and the department must give public notice and a copy of the plan summary.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.12. (a) For an approved working forest management plan, the director shall convene a meeting with the interdisciplinary review team, as that term is used in subdivision (a) of Section 1037.5 of Title 14 of the California Code of Regulations, every five years to review the plan’s administrative record, information obtained pursuant to subdivision (b), and any other information relevant to verify that operations have been conducted in accordance with the plan and applicable laws and regulations. Participation by review team agencies shall be at the discretion of each agency. If at this meeting a member of the review team determines that a field inspection is necessary to verify that operations have been conducted in accordance with the plan and applicable laws and regulations, then a field inspection may be conducted. (b) For the purposes of subdivision (a), the board, in consultation with the review team agencies, shall adopt regulations that require the department to develop a plan summary before each five-year review that allows the review team to analyze information including, but not limited to, the number of notices of timber operations, the acreage operated under each notice, the violations received, and the volume harvested in relation to projections of harvest in the plan. If the department or a review team agency does not have direct access to information needed for the plan summary, the department may require the landowner to provide this information. (c) For the purpose of allowing the public to monitor a working forest management plan, the department shall provide the public, in writing or on its Internet Web site, notice of each five-year review and a copy of the plan summary. The public may submit to the review team additional information relevant to the purpose of the five-year review and the review team may consider this information when conducting its review. (d) This section does not authorize the public disclosure of proprietary information without first obtaining the landowner’s consent. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  63. 4597.13.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    A registered professional forester must report certain plan deviations to the owner or operator.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.13. The registered professional forester who prepares the working forest management plan or prepares the notice of harvest, or any other registered professional forester who is employed by the owner or operator, shall report to the owner or operator if there are deviations from the plan that, in the forester’s judgment, threaten the attainment of the resource conservation standards of the plan. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  64. 4597.14.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    If the board finds a registered professional forester made a material misstatement in a specified forest notice, plan, or report, the board must take disciplinary action under Section 775.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.14. If the board finds that a registered professional forester has made any material misstatement in a working forest harvest notice, working forest management plan, or report pursuant to this chapter, the board shall take disciplinary action against the forester as provided pursuant to Section 775. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  65. 4597.15.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    Timber operations may start immediately if a registered professional forester certifies in writing that the harvest notice meets the approved working forest management plan; if the notice was mailed, operations may start three days after mailing.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.15. Notwithstanding any other provisions of this chapter, if a registered professional forester certifies by written declaration, on behalf of the timber owner or operator, that the working forest harvest notice conforms to and meets the requirements of the approved working forest management plan under which it is filed, timber operations may commence immediately. If the notice has been filed by mailing, operations may commence three days after the notice has been mailed. (Amended by Stats. 2014, Ch. 291, Sec. 4. (AB 2239) Effective January 1, 2015.)
  66. 4597.16.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    If the department finds the plan is not meeting uneven-aged management and sustained-yield objectives, or there are persistent uncorrected violations, it must cancel the approved working forest management plan; the plan submitter or landowner may appeal that cancellation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.16. If the department determines that the objectives of uneven aged management and sustained yield are not being met by a working forest landowner, or there are other persistent violations detected that are not being corrected, the department shall cancel a previously approved working forest management plan and any further timber operations under the plan shall be terminated. In making a determination to cancel a plan, the department may cite the findings of a review conducted pursuant to Section 4597.12. Cancellation of the plan may be appealed by the plan submitter or landowner utilizing the process prescribed in paragraph (1) of subdivision (e) of Section 4597.6. (Amended by Stats. 2014, Ch. 291, Sec. 5. (AB 2239) Effective January 1, 2015.)
  67. 4597.17.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    A qualifying landowner may switch to a working forest management plan if timberland ownership reaches 2,500 acres or more, and the board must adopt regulations for that amendment process.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.17. If a landowner with a nonindustrial timber management plan or a working forest management plan with less than 2,500 acres expands his or her total timberland ownership to 2,500 or more acres, the landowner may transition into a working forest management plan for more than 2,500 acres through an amendment to the plan. The board shall adopt regulations that establish this amendment process. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  68. 4597.18.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    A participating landowner may seek approval of a safe harbor agreement when preparing an application for a working forest management plan.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.18. A participating landowner, in conjunction with the preparation of an application for a working forest management plan filed with the department, may also seek approval of a safe harbor agreement from the Department of Fish and Wildlife, pursuant to Article 3.7 (commencing with Section 2089.2) of Chapter 1.5 of Division 3 of the Fish and Game Code. All review costs associated with the safe harbor agreement approval process incurred by the Department of Fish and Wildlife pursuant to this section shall be paid from the fund created in Section 4629.3. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  69. 4597.19.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    An application for state restoration grant funding cannot be summarily denied solely because the project is a required part of the harvesting plan, if the applicant has a working forest management plan or nonindustrial timber management plan and the project has significant public benefit.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.19. Notwithstanding any other law, if a person with a working forest management plan or a nonindustrial timber management plan applies for state restoration grant funding for a restoration project that has a significant public benefit, the application shall not be summarily denied on the basis that the project is a required condition of the harvesting plan. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  70. 4597.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    A person planning to become a working forest landowner may submit a written working forest management plan to the department, but the plan must be prepared by a registered professional forester.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.2. A working forest management plan may be submitted to the department in writing by a person who intends to become a working forest landowner with the long-term objective of an uneven aged timber stand and sustained yield through the implementation of a working forest management plan. The management plan shall be prepared by a registered professional forester. It shall be public record and shall include all of the following information: (a) The name and address of the timberland owner. (b) A description of the land on which the plan is proposed to be implemented, including a United States Geological Survey quadrangle map or equivalent indicating the location of all streams, the location of all proposed and existing logging truck roads, and the boundaries of all site I classification timberlands to be stocked in accordance with subdivision (b) of Section 4561 and any other site classifications if the board establishes specific minimum stocking standards for other site classifications. (c) A description by the registered professional forester of the inventory design and timber stand stratification criteria that demonstrates that the inventory supporting the growth and yield calculations used to determine long-term sustained yield for the working forest management plans meets the following minimum standards: (1) For major stand or strata, the inventory estimate shall be within 15 percent of the mean at one standard error. (2) For stand or strata that make up greater than 10 percent and less than 25 percent of the working forest management plan area, the estimate shall be no greater than 25 percent of the mean at one standard error. (3) Inventory estimates and growth and yield shall be projected for the purposes of determining long-term sustained yield and volumes available for harvest by stand or strata and aggregated for the area covered by the working forest management plan to develop the long-term sustained yield estimate. Long-term sustained yield estimates shall reasonably reflect constraints applicable to the working forest timberlands on forest management activities. (d) All necessary information shall demonstrate compliance with Article 12 (commencing with Section 923) of Subchapter 4 of, Article 11 (commencing with Section 943) of Subchapter 5 of, and Article 12 (commencing with Section 963) of Subchapter 6 of, Division 1.5 of Title 14 of the California Code of Regulations. (e) Special provisions to protect unique areas, if any, within the boundaries of the proposed working forest management plan. (f) A description of the property and planned activities including acres and projected growth, existing stand types, major stand types or strata, its current projected growth by strata, silvicultural applications to be applied to strata to achieve long-term sustained yield, projected timber volumes and tree sizes to be available for harvest, and projected frequencies of harvest. (g) (1) A description of late succession forest stands in the plan area and how the total acreage of this type of habitat will be maintained across the plan area under a constraint of no net loss. Nothing in this requirement shall be interpreted to preclude active management on any given acre of an approved plan if the management is conducted in a manner that maintains or enhances the overall acreage of late succession forest stands that existed in the plan area upon initial plan approval. An exception to the no net loss constraint may be granted in the event of a catastrophic loss due to emergency factors such as wildfire, insect, and disease activity. The description shall include the following: (A) Retention measures for existing biological legacies such as snags, trees with cavities or basal hollows, and down logs, and address how those legacies shall be managed over time appropriate with the forest type, climate, and landowner’s forest fire fuels and wildlife management objectives. (B) Hardwood tree species and how they will be managed over time. (2) Late succession forest stand types or strata shall be mapped. (3) Notwithstanding the definition of late succession forest stands in Section 895.1 of Title 14 of the California Code of Regulations, and for the sole purpose of this article, “late succession forest stands” means stands of dominant and predominant trees that meet the criteria of the California Wildlife Habitat Relationships System class 5D, 5M, or 6 with an open, moderate, or dense canopy closure classification, often with multiple canopy layers, and are at least 10 acres in size. Functional characteristics of late succession forest stands include large decadent trees, snags, and large down logs. (h) Disclosure of state or federally listed threatened, candidate, endangered, or rare plant or animal species located within the biological assessment area, their status and habitats, take avoidance methodologies, enforceable protection measures for species and habitats, and how forest management will maintain these over time. (i) (1) A description of the following for each management unit: (A) Acres by stand or strata and estimated growth and yield for each planned harvest entry covering the period of time the long-term sustained yield plan establishes as necessary to meet growth and yield objectives. The growth and yield estimates may be based on weighted average of yield for the stand types or strata within the area included in the management unit. (B) Yarding methods to be used. (C) Management units shall be mapped. (2) (A) For long-term sustained yield projections, pursuant to subdivision (c), that project a reduction in quadratic mean diameter of trees greater than 12 inches in diameter or a reduced level of inventory for a major stand type or for a stand or strata that make up greater than 10 percent and less than 25 percent of the working forest management plan area, an assessment shall be included that does all of the following: (i) Addresses candidate, threatened, endangered, and sensitive species, and other fish and wildlife species that timber operations could adversely impact by potential changes to habitat. (ii) Addresses species habitat needs utilizing the “WHR system” described in “A Guide to Wildlife Habitats in California,” California Department of Fish and Wildlife, 1988, or comparable typing system. (iii) Addresses constraints to timber management, the impact of the availability and distribution of habitats on the ownership and within the cumulative impacts assessment area identified in the plan in relation to the harvest schedule, and the impacts of the planned management activities utilizing the existing habitat as the baseline for comparison. (iv) Discusses and includes feasible measures planned to avoid or mitigate potentially significant adverse impacts on fish or wildlife, which can include, but is not limited to, recruitment or retention of large down logs greater than 16 inches in diameter and 20 feet in length, retention of trees with structural features such as basal hollows, cavities, large limbs, or broken tops, retention of hardwoods, and retention or recruitment of snags greater than 24 inches in diameter and 16 feet in height. (j) A certification by the registered professional forester preparing the plan that the forester or a designee has personally inspected the plan area. (k) A certification by the registered professional forester preparing the plan that the forester or a designee has clearly explained to the working forest landowner that the plan is a long-term commitment that may require ongoing investments, including inventory sampling and road maintenance, for the purpose of managing the plan. (l) Any other information the board requires by regulation to meet its rules and the standards of this chapter. (Amended by Stats. 2018, Ch. 626, Sec. 20. (SB 901) Effective January 1, 2019.)
  71. 4597.21.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    This section says the article does not change how county rules under Section 4516.5 apply, and it does not affect court decisions made by a court of competent jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.21. This article does not affect the applicability of county rules adopted pursuant to Section 4516.5 nor any court decision made by a court of competent jurisdiction. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  72. 4597.22.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    This article does not apply to the Southern Subdistrict of the Coast Forest District.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.22. This article does not apply to the Southern Subdistrict of the Coast Forest District, as described in Section 895.1 of Title 14 of the California Code of Regulations. (Amended by Stats. 2014, Ch. 489, Sec. 1. (SB 1345) Effective January 1, 2015.)
  73. 4597.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    The board must adopt regulations for notice of receipt of a proposed working forest management plan, and the notice must be given within two working days after receipt.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.3. The board shall adopt regulations regarding the notice of receipt of the proposed working forest management plan. The notice shall be given within two working days following receipt of the proposed management plan and shall be consistent with all applicable laws. The method of notice shall include, but not be limited to, mailed notice and Internet-based notice. The regulations may require the person submitting the working forest management plan to provide to the department a list of the names and addresses of persons to whom the notice is to be mailed. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  74. 4597.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    The department must post notice of certain working forest filings on its website and send notice to anyone who requests it in writing.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.4. The department shall provide notice of the filing of working forest management plans, the proposed plans, and working forest harvest notices on its Internet Web site, and to any person who requests, in writing, that notification. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  75. 4597.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    When the department receives a proposed working forest management plan, it must make the plan publicly available in the county and send copies to certain agencies.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.5. Upon receipt of the proposed working forest management plan, the department shall place the proposed plan, or a true copy of the proposed plan, in a location or on an Internet Web site available for public inspection in the county in which timber operations are proposed under the plan. For the purpose of interdisciplinary review, the department shall also transmit a copy to the Department of Conservation, the Department of Fish and Wildlife, the appropriate California regional water quality control board, the county planning agency, and all other agencies having jurisdiction by law over natural resources affected by the plan. The department shall invite, consider, and respond in writing to comments received from public agencies to which the plan has been transmitted and shall consult with those agencies at their request. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  76. 4597.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    The department and director must follow set review, comment, and appeal deadlines for working forest management plans, and the board must hear appeals in some cases.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.6. (a) The department shall provide a time period for public comment, starting from the date of the receipt of a working forest management plan, as follows: (1) Ninety days for a working forest management plan for less than 5,000 acres. (2) One hundred ten days for a working forest management plan for between 5,000 and 10,000 acres. (b) Before a working forest management plan may be approved, all of the following requirements shall be met: (1) Within 30 working days of the receipt of a working forest management plan, or within 40 working days of the receipt of a plan to which a road management plan is appended, the department shall determine if the plan is accurate, complete, and in proper order, and if so, the plan shall be filed. An unfiled plan shall be returned to the applicant with an explanation that includes provisions for resubmitting the plan. (2) The initial inspection shall be initiated within 20 working days from the date of filing of the working forest management plan, and completed no more than 30 working days from the date of filing. (3) Upon completion of the initial inspection, the department shall have up to 45 working days to conduct the final interagency review of the plan. (4) The public comment period shall end 20 working days after the completion of the final interagency review of the plan or until the requirement in subdivision (a) is met, whichever is greater. (5) After the final interagency review and public comment period has ended, the department shall have up to 30 working days to review the public input, to consider recommendations and mitigation measures of other agencies, to respond in writing to the issues raised, and to determine if the plan is in conformance with the applicable rules adopted by the board and other applicable provisions of law. (c) If after final interagency review the director determines that the plan is not in conformance with the rules and regulations of the board or this chapter, the director shall deny and return the plan, stating the reasons for the denial and advising the person submitting the plan of the person’s right to a hearing before the board. (d) If the director does not act within the time periods provided in paragraphs (1) through (5) in subdivision (b), the director and the working forest landowner submitting the working forest management plan shall negotiate and mutually agree upon a longer period for the director to review the plan. If a longer period cannot be mutually agreed upon, the working forest management plan shall be deemed denied and returned to the working forest landowner submitting the plan. (e) (1) A working forest landowner to whom a plan is denied pursuant to subdivision (c) or (d) may request, within 30 working days from the receipt of the plan, a public hearing before the board. The board shall schedule a public hearing to review the plan to determine if the plan is in conformance with the rules and regulations of the board and this chapter. (2) Board action shall take place within 30 working days from the filing of the appeal, or a longer period mutually agreed upon by the board and the person filing the appeal. (3) If the director’s decision to deny the plan is overturned by the board, the board shall prepare findings and its rationale for overturning the decision, and return the plan to the department for approval by the director. (4) If the plan is not approved on appeal to the board, the director, within 10 working days of board action, shall advise the plan submitter regarding changes needed that would achieve compliance with this chapter and other applicable provisions of the law. The plan submitter shall have 45 working days from the date of the notification letter, or longer, if mutually agreeable to the department and the plan submitter to revise the plan to bring it into full conformance with the rules and regulations of the board and this chapter. Upon receipt of the information requested of the plan submitter, the department shall recirculate the plan and reopen the public comment period for 30 working days. Prior to determining whether to approve the proposed revised plan, the director shall have 30 working days to review public input and consider recommendations and mitigation measures of other agencies, and to respond in writing to issues raised. (Amended by Stats. 2018, Ch. 626, Sec. 21. (SB 901) Effective January 1, 2019.)
  77. 4597.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    A working forest landowner may submit a proposed plan amendment, but may not substantially deviate from the approved plan until the amendment is filed and the director has made the required determination.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.7. The working forest landowner may submit a proposed amendment to the approved plan and shall not take any action that substantially deviates, as defined by the board, from the approved plan until the amendment has been filed with the director and the director has determined, after completion of the interagency review and public comment period, either of the following: (a) The amendment is in compliance with the current rules and regulations of the board and the provisions of this chapter. (b) The amendment is in compliance with the rules and regulations of the board and the provisions of this chapter that were in effect at the time the working forest management plan was approved. The director may only make this determination if the registered professional forester explains, justifies, and certifies both of the following: (1) The adherence to new or modified rules and regulations of the board would cause unreasonable additional expense to the working forest landowner. (2) Compliance with the rules and regulations of the board and the provisions of this chapter that were in effect at the time the working forest management plan was approved will not result in any significant degradation to the beneficial uses of water, soil stability, forest productivity, or wildlife. (c) Review timelines for substantial deviations of working forest management plans shall conform to the direction provided in Section 4582.7, except for amendments that add acreage covered by the original working forest management plan that exceeds 10 percent or 500 acres, whichever is greater. Amendments that add acreage in excess of 10 percent or 500 acres shall be reviewed pursuant to the procedures specified in Section 4597.6. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  78. 4597.8.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    A working forest landowner may make nonsubstantial changes to an approved plan without filing an amendment, but must later report those actions to the department.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.8. The working forest landowner may take actions that do not substantially deviate from the approved plan without the submission of an amendment, but those actions shall be subsequently reported to the department. The board shall specify, by regulation, those nonsubstantial deviations that may be taken. The board shall specify the requirements for reporting those deviations. (Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
  79. 4597.9.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. )

    Verify source ↗

    When land in a working forest management plan changes hands, the transferring landowner must notify the buyer and send the department a copy, and the buyer has one year to tell the department in writing if they want to assume the plan.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.7. Working Forest Management Plan [4597 - 4597.22] ( Article 7.7 added by Stats. 2013, Ch. 648, Sec. 1. ) ## 4597.9. (a) Upon a change of ownership of the land described in the working forest management plan, the transferring landowner shall provide the acquiring landowner with written notice that discloses the existence of the plan and informs the acquiring landowner of the need to notify the department if the acquiring landowner intends to assume the plan. The transferring landowner shall also send the department a copy of the notice provided to the acquiring landowner. (b) If the transferring landowner fails to provide the notice required in subdivision (a) and the department discovers the change of ownership, the department shall provide the acquiring landowner with the notice described in subdivision (a). (c) The acquiring landowner shall have one year from the date of the receipt of the notice required pursuant to subdivision (a) or (b), whichever is applicable, to notify the department in writing of his or her intent to assume the plan. If the department does not receive notification within this period, the department may cancel the plan. (d) A violation of this section by a landowner does not constitute a crime pursuant to Section 4601. (Amended by Stats. 2014, Ch. 291, Sec. 3. (AB 2239) Effective January 1, 2015.)
  80. 4598.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    The Legislature states that California should increase timberland carbon sequestration and reduce carbon emissions from wildland fires, especially through long-term management of privately owned timberlands.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598. The Legislature finds and declares all of the following: (a) In order to meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), it is necessary to increase the carbon sequestration potential of California’s timberlands and to decrease carbon emissions from wildland fires. (b) Over one-half of the privately owned, commercial timberland in the state is owned by nonindustrial landowners. These lands will be increasingly important in the state’s efforts to meet the goals of the California Global Warming Solutions Act of 2006. The owners of these lands often lack the forestry expertise, economic incentive, or capital needed to make investments to decrease present and future greenhouse gas emissions from their lands and the potential for wildland fires that release greenhouse gases. (c) Long-term uneven-aged management of private timberlands within the state and the retention of large, old trees can increase the ability of timberlands to sequester carbon through increased growth and inventory and to convert carbon into oxygen through photosynthesis. (d) Prudent management of timberlands can decrease the potential for large wildland fires, that release greenhouse gases, by creating forests that are less susceptible to ignition and that reduce the intensity of wildland fires, thereby allowing for more successful fire suppression efforts. (e) Recent projects have demonstrated the benefits of pursuing program timberland environmental impact reports (PTEIRs), which provide better long-term management guidance for forests than single-project timber harvest plans. (f) The state has an interest in securing the carbon sequestration and fire protection benefits of prudent long-term management of timberlands owned by nonindustrial landowners. (Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
  81. 4598.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    This section states the article’s purpose: to encourage private investment and better long-term management of timberlands to increase carbon sequestration, reduce wildfire emissions, and protect forest resources.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.1. (a) The purpose of this article is to encourage private investments in, and improved long-term management of, timberlands and resources within the state to promote carbon sequestration through increased timber growth and inventory, reduced carbon emissions from wildland fires by creating fire resiliency on private timberlands, and the protection, maintenance, and enhancement of a productive and stable forest resource system for the benefit of present and future generations. (b) The primary emphasis of the program established by this article shall be upon increasing carbon sequestration in timberlands and reducing carbon emissions from wildland fires. Consistent with this primary emphasis, the program shall also be managed to maintain or improve all forest resources, such as fish and wildlife habitat and soil resources, so that the overall effect of the program is to improve the total forest resource system. (Amended by Stats. 2015, Ch. 303, Sec. 424. (AB 731) Effective January 1, 2016.)
  82. 4598.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    The department may enter into agreements, make grants, and take other necessary actions to carry out this article’s purposes.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.2. (a) In furtherance of the purposes of this article, the department may enter into agreements and make grants and take other actions necessary to carry out the purposes of this article. (b) (1) The PTEIR for carbon sequestration and fuel reduction program conducted by the department shall encourage forest resource improvements and otherwise facilitate good timberland management through a program of financial and technical assistance to smaller nonindustrial landowners and coalitions of smaller nonindustrial landowners for the development of watershed-specific PTEIRs for watersheds where the primary focus of the contemplated work is reduction of greenhouse gases. (2) The purpose of this program shall be to work cooperatively with public and private landowners, particularly smaller nonindustrial landowners, to upgrade the long-term management of their lands and, thereby improve the ability of their lands to both sequester carbon and to resist wildland fires that cause emissions of carbon. (Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
  83. 4598.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    This section defines key terms used in the article, including eligible landowner, timberland, PTEIR, and smaller nonindustrial landowner.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.3. As used in this article, the following terms shall have the following meanings: (a) “Eligible landowner” means any person who meets the conditions set forth in Sections 4598.6 and 4598.8. Where ownership of timberland and timber are not held by the same person, “landowner” means either the person or persons owning the land or the person or persons owning the timber. (b) “Timberland” has the same meaning as defined in Section 4526. (c) “PTEIR” means a program timberland environmental impact report prepared pursuant to this article and Article 6.8 (commencing with Section 1092) of Title 14 of the California Code of Regulations. (d) “Smaller nonindustrial landowner” means an owner of 5,000 acres or less of timberland within the state. (Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
  84. 4598.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    The director may enter into agreements and make grants for preparing PTEIRs for qualifying projects.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.4. Agreements may be entered into and grants may be made by the director pursuant to this article for the purpose of preparing PTEIRs for projects that demonstrate potential to increase carbon sequestration, decrease atmospheric carbon levels, and reduce the potential for large wildland fires. (Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
  85. 4598.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    The director and the department may arrange for preparation of PTEIRs, and the department may fund eligible landowners’ PTEIR costs within stated limits.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.5. (a) The director may enter into agreements, on behalf of eligible landowners, pursuant to which the department will undertake the preparation of PTEIRs. The department may enter into agreements with the Department of General Services or third-party consultants to assist in the preparation of PTEIRs. (b) The department may provide grant funds to eligible landowners in amounts not to exceed the direct costs to the eligible landowners of preparing PTEIRs pursuant to this article. (c) The department shall pay the costs of preparing the PTEIRs, or provide grant funds to eligible landowners, from funds appropriated to the department from the Greenhouse Gas Reduction Fund, pursuant to Section 39718 of the Health and Safety Code. (d) All expenditures made by the department pursuant to this article shall be in a manner consistent with the criteria expressed in Section 39712 of the Health and Safety Code and with the investment plan developed by the Department of Finance pursuant to Section 39716 of the Health and Safety Code. (Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
  86. 4598.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    Eligibility for a certain agreement or grant depends on meeting the board’s application requirements, being a smaller nonindustrial landowner, and meeting land/timberland location or contract conditions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.6. To be eligible for participation in an agreement or grant pursuant to Section 4598.5, the following conditions shall be met: (a) The application requirements established by the board are satisfied. (b) The landowner is a smaller nonindustrial landowner, as defined in Section 4598.3. Where the timberland is owned jointly by more than one individual, group, association, or corporation, as joint tenants, tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purposes of this article, as one landowner. (c) The parcel or parcels of timberland to which the PTEIR shall apply is either: (1) Within a timber preserve zone established pursuant to Article 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code and not the subject of an application for rezoning or immediate rezoning pursuant to Section 51120 of, or Article 4 (commencing with Section 51130) of Chapter 6.7 of Part 1 of Division 1 of Title 5, of the Government Code. (2) Subject to a contract signed by the landowner in which the landowner agrees not to develop the parcel of timberland for uses incompatible with the PTEIR within 20 years following the execution of an agreement or the making of a grant pursuant to Section 4598.5. The director shall record the contract in the office of the county recorder in the county in which the parcel of timberland is located and, upon recordation, the contract shall be binding upon any person to whom the parcel of timberland is sold, assigned, devised, or otherwise transferred by agreement or operation of law. (Amended by Stats. 2015, Ch. 303, Sec. 425. (AB 731) Effective January 1, 2016.)
  87. 4598.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    This section allows payments or grants for work that also receives federal assistance, but bars using those payments or grants to satisfy federal cost-share requirements or repay federal loans, and caps combined state and federal assistance at the work’s actual cost to the landowner.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.7. Payments or grants pursuant to this article may be made for work that is also the subject of payments or other assistance provided pursuant to federal law. Payments or grants shall not be made pursuant to this article to satisfy landowner cost share requirements of, or repay loans received pursuant to, federal law. The combined state and federal payments or other assistance shall not together exceed the amount of the actual cost of the PTEIR to the landowner. (Amended by Stats. 2015, Ch. 303, Sec. 426. (AB 731) Effective January 1, 2016.)
  88. 4598.8.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    A landowner seeking certain agreements or grants must submit approved plans and applications, and must provide reporting and compliance information.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.8. In addition to the requirements of Section 4598.6, to be eligible to participate in agreements or receive grants pursuant to Section 4598.5, the landowner shall do all of the following: (a) Submit a proposal to the department detailing the long-term forest and land management plans for approval by the director. The proposal shall set forth an analysis of timberland conditions and capabilities relative to carbon sequestration and fire resiliency. The proposal shall describe the management objectives and shall provide for all of the following: (1) Increased direct carbon sequestration through increased growth and inventory and long-term uneven-aged management of the timberlands. (2) Improved resistance to wildland fire. (3) Maintenance of large old trees across the watershed. (4) Optimized timber growth potential of the timberland consistent with maintaining carbon additionally over the baseline. (5) Measurable metrics demonstrating greenhouse gas reductions achieved by the long-term management to be analyzed in the PTEIR. (b) Submit a project application in the form prescribed by the director containing information the board deems necessary to evaluate the PTEIR. (c) Agree to comply with state or federal laws applicable to the work carried out pursuant to any program timber harvesting plan developed pursuant to a PTEIR. (d) Agree to provide to the department, upon completion of each program timber harvesting plan undertaken pursuant to a PTEIR, a report detailing greenhouse gas reductions achieved by the plan. (e) Agree to provide to the department any data or metrics on greenhouse gas reductions as required by law. (Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
  89. 4598.9.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. )

    Verify source ↗

    The board may issue regulations, guidelines, or publications to carry out the article and support program participation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program [4598 - 4598.9] ( Article 7.8 added by Stats. 2014, Ch. 36, Sec. 11. ) ## 4598.9. To carry out this article and to facilitate participation in the program authorized by this article, the board may promulgate regulations, guidelines, or publications the board deems appropriate. Regulations promulgated by the board may be adopted as emergency regulations. Regulations or emergency regulations adopted pursuant to this section shall be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. The regulations, guidelines, or publications shall be submitted to the board for review or approval. Regulations, guidelines, or publications shall specify all of the following: (a) Criteria to determine timberlands that have demonstrated potential for increased carbon sequestration and fire protection benefits and, therefore, the landowners of those lands may be eligible to enter into agreements or receive grant funds under Section 4598.5. (b) Guidelines further specifying the scope of projects for which agreements may be entered into or grants made pursuant to this article. (c) Factors to be considered and information to be included in proposals submitted pursuant to Section 4598.8. (d) A standard application form for proposals submitted pursuant to Section 4598.8. (e) Guidelines for evaluation and approval of proposals to enter into agreements or receive grant funds under Section 4598.5. (f) Metrics for evaluating the greenhouse gas reductions to be achieved by the long-term management of the timberlands pursuant to the PTEIR. (g) The form and content of reports detailing greenhouse gas reductions as required by Section 4598.8. (h) Any other matters as the board deems necessary for the effective administration of this article. (Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
  90. 4601.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A person who willfully violates this chapter or a board rule or regulation commits a misdemeanor and may be fined up to $1,000, jailed up to six months, or both.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4601. Any person who willfully violates any provision of this chapter or rule or regulation of the board is guilty of a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. The person is guilty of a separate misdemeanor offense under this section for each day in which an order for corrective action issued pursuant to Section 4605 or 4608 is violated. (Amended by Stats. 1983, Ch. 1092, Sec. 340. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  91. 4601.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Violations of this chapter or related board regulations can trigger civil penalties of up to $10,000 per violation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4601.1. (a) (1) In addition to any other penalty, any person who intentionally, knowingly, or negligently violates this chapter or a rule or regulation adopted by the board pursuant to this chapter is subject to a civil penalty imposed by a court in an amount not to exceed ten thousand dollars ($10,000) for each violation. For purposes of this section, damage that occurs over multiple days that results from a single action shall not be considered a continuing violation. For purposes of this section, each specific act that results in a violation of this chapter or a rule or regulation adopted pursuant to this chapter, including an act that is repeated on separate days, shall be considered a separate violation. (2) The Attorney General or district attorney, upon request of the director, shall petition the superior court to impose, assess, and recover a civil penalty pursuant to this subdivision. In determining the appropriate amount, the court shall consider all relevant circumstances, including, but not limited to, persistence, circumstances, extent and gravity of the violation, the length of the time over which the violation occurred, whether any substantial damage caused by the violation is susceptible to corrective action, whether the violation was willful or caused by negligence, and, with respect to the violator, the ability of the violator to pay any fines or penalties, the effect on the ability to continue in business, the corrective action, if any, taken by the violator, whether the violator has any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require. (b) A civil penalty may also be administratively imposed by the department in accordance with Section 4601.2 on any person who intentionally, knowingly, or negligently violates this chapter or a rule or regulation adopted by the board pursuant to this chapter in an amount not to exceed ten thousand dollars ($10,000) for each violation of a separate provision. For purposes of this section, damage that occurs over multiple days that results from a single action shall not be considered a continuing violation. For purposes of this section, each specific act that results in a violation of this chapter or a rule or regulation adopted pursuant to this chapter, including an act that is repeated on separate days, shall be considered a separate violation. (c) No person is subject to both a civil penalty imposed by the superior court under subdivision (a) and a civil penalty administratively imposed under subdivision (b) for the same act or failure to act. (d) Any money recovered by the department pursuant to this section shall be deposited in the General Fund. (Amended by Stats. 2002, Ch. 762, Sec. 1. Effective January 1, 2003.)
  92. 4601.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    This section lets the director issue a complaint and proposed order for certain penalty cases, sets notice and hearing timelines, and requires the complaint and final order to be served in specified ways.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4601.2. (a) The director may issue a complaint and proposed order to any person on whom an administrative penalty may be imposed pursuant to subdivision (b) of Section 4601.1. The complaint and order shall allege the act or failure to act that constitutes a violation, include a citation to the provisions authorizing the civil penalty to be imposed, and include the proposed civil penalty. (b) In determining the amount of any administrative civil penalty, the department shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature, persistence, circumstances, extent and gravity of the violation, the length of time over which the violation occurred, whether any substantial damage caused by the violation is susceptible to corrective action, whether the violation was willful or caused by negligence, and, with respect to the violator, the ability of the violator to pay any fines or penalties, the effect on ability to continue in business, the corrective action, if any, taken by the violator, whether the violator has any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require. (c) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that, upon the request of the party made within 10 days of such service, a hearing shall be conducted before the board or an administrative law judge within 180 days from the date that the party is served. The chairperson of the board may delegate the conduct of the hearing to a committee of the board, which shall be composed of at least three members of the board, or elect to utilize an administrative law judge assigned in accordance with Section 11370.3 of the Government Code. If the chairperson delegates the matter to a committee of the board, a majority of the committee members shall not have a financial interest in the forest products or range industry. The committee may exercise any power the board may exercise. (d) The party charged with a violation may waive a right to a hearing, in which case the board shall not conduct a hearing, and the order of the director shall become final. (e) After a hearing, the board or an administrative law judge may adopt, with or without revision, the proposed order of the director. (f) An order setting an administrative civil penalty shall become effective and final upon its adoption pursuant to subdivision (e), and any payment shall be made within the time period provided by subdivision (b) of Section 4601.3. Copies of the order shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy. (Added by Stats. 1999, Ch. 582, Sec. 3. Effective January 1, 2000.)
  93. 4601.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    An aggrieved party may seek court review of a final order by filing a writ petition within 30 days after service; otherwise the order is no longer reviewable, and the penalty becomes due and may be collected.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4601.3. (a) Any party who is aggrieved by a final order issued by the board or an administrative law judge under Section 4601.2 may obtain review of the order in the superior court in the county in which the violation occurred by filing a petition for a writ of mandate with the court within 30 days from the date of service of the order on the party. If the aggrieved party does not petition for a writ of mandate within that 30-day period, the order of the board or an administrative law judge is not thereafter subject to review by any court. (b) After the time for judicial review has expired, or where the party has not requested a review of the order, the administrative penalty shall be due and payable to the department within 20 days. The department may apply to the clerk of the appropriate court in the county in which the civil penalty was imposed for a judgment to collect the penalty. The application, which shall include a certified copy of the action by the board or the administrative law judge, constitutes a sufficient showing to warrant issuance of the judgment to collect the penalty. The court clerk shall enter the judgment in conformity with the application. Any judgment so entered by the court clerk shall have the same force and effect as, and is subject to the laws relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. (Added by Stats. 1999, Ch. 582, Sec. 4. Effective January 1, 2000.)
  94. 4601.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Certain non-damaging procedural rule violations are infractions, and the board must identify those rules by section number.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4601.4. (a) The violation of any rule or regulation adopted by the board pursuant to this chapter prescribing any procedural requirement that does not result in, or cause, any environmental damage, and is not a violation of Section 4571 or 4581, is an infraction punishable pursuant to Section 4601.5. (b) The board shall designate those rules and regulations by section number that prescribe procedural requirements, the violation of which does not result in, or cause, environmental damage. (Added by Stats. 1999, Ch. 582, Sec. 5. Effective January 1, 2000.)
  95. 4601.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    People who violate certain board rules or regulations and are convicted must pay a fine; the board may also make some violations correctable if fixed within 10 working days.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4601.5. (a) Any person who violates a rule or regulation of the board, the violation of which is an infraction as described in Section 4601.4, shall, upon conviction of the infraction, pay a fine in accordance with the following schedule: (1) A fine of one hundred dollars ($100) shall be imposed for the first conviction of an infraction. (2) A fine of two hundred fifty dollars ($250) shall be imposed for a second or subsequent conviction for the same violation within a three-year period. (b) The board may provide, by regulation, that certain violations of a rule or regulation that would constitute an infraction, if prosecuted, are correctable and not subject to prosecution, if the violation is corrected within 10 working days from the date of the violation. (Added by Stats. 1999, Ch. 582, Sec. 6. Effective January 1, 2000.)
  96. 4602.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Forest officers may issue and extend stop orders for timber operations, and timber operators must comply once notified.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4602.5. (a) This section provides an administrative procedure to suspend timber operations temporarily while judicial remedies are pursued pursuant to this article. (b) An inspecting forest officer may issue a written timber operations stop order if, upon reasonable cause, the officer determines that a timber operation is being conducted or is about to be conducted in violation of this chapter or of forest practice rules adopted by the board pursuant to this chapter and that the violation or threatened violation would result in imminent and substantial harm to soil, water, or timber resources, or to fish and wildlife habitat. A stop order shall apply only to those acts or omissions that are the proximate cause of the violation or threatened violation. The stop order shall be effective immediately and throughout the next day. (c) A supervising forest officer may, after an onsite investigation, extend a stop order issued pursuant to subdivision (b) for up to five days, excluding Saturday and Sunday, provided that the supervising forest officer finds that the original stop order was issued upon reasonable cause. A stop order shall not be issued or extended for the same act or omission more than one time. (d) (1) Each stop order shall identify the specific act or omission that constitutes the violation or threatened violation, any timber operation that is to be stopped, and any corrective or mitigative actions that may be required. (2) The department may terminate the stop order if the responsible parties enter into a written agreement with the department assuring that the parties will resume operations in compliance with this chapter and the rules adopted by the board and will correct the violations. The department may require a reasonable cash deposit or bond payable to the department as a condition of compliance with the agreement. (e) Notice of the issuance of a stop order or an extension of a stop order shall be deemed to have been made to all persons working on a timber operation when a copy of the written order is delivered to the person in charge of operations at the time the order is issued or, if no persons are present at that time, then by posting a copy of the order conspicuously on the yarder or log loading equipment at a currently active landing on the timber operations. If no persons are present at the site of the timber operation when the order is issued, the issuing officer shall deliver a copy of the order to the timber operator either in person or to the operator’s address of record prior to the commencement of the next working day. (f) As used in this section, “forest officer” means a registered professional forester employed by the department in a civil service classification of forester I or higher grade. (g) (1) Failure of the timber operator or an employee of the timber operator, after receiving notice, to comply with a stop order is a violation of this chapter and is punishable as provided in Section 4601; provided, however, that in all cases the timber operator, and not another person or the employee, shall be charged with this violation. (2) In determining the penalty for any timber operator found guilty of violating a validly issued stop order, the court shall take into consideration all relevant circumstances, including, but not limited to, the following: (A) The extent of harm to soil, water, or timber resources or to fish and wildlife habitat. (B) Corrective action, if any, taken by the defendant. (3) Each day or portion of the day that the violation continues shall constitute a new and separate offense. (h) This section does not prevent a timber operator from seeking an alternative writ as prescribed in Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure, or as provided by any other law. (Amended by Stats. 2021, Ch. 133, Sec. 86. (SB 272) Effective July 23, 2021.)
  97. 4602.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A timber operator may ask the Department of General Services for compensation and damages if the operator believes a forest officer lacked reasonable cause for a stop order.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4602.6. (a) If a timber operator believes that a forest officer lacked reasonable cause to issue or extend a stop order pursuant to Section 4602.5, the timber operator may present a claim to the Department of General Services pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code for compensation and damages resulting from the stopping of timber operations. (b) If the Department of General Services finds that the forest officer lacked reasonable cause to issue or extend the stop order, the department shall award a sum of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per day for each day the order was in effect. (Amended by Stats. 2016, Ch. 31, Sec. 269. (SB 836) Effective June 27, 2016.)
  98. 4603.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The Attorney General may bring an action to enforce compliance with the board’s rules and regulations and this chapter.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4603. The Attorney General may, on his or her own motion or at the request of the board, bring an action to enforce compliance with the rules and regulations of the board and this chapter. (Amended by Stats. 2011, Ch. 584, Sec. 28. (AB 1414) Effective January 1, 2012.)
  99. 4604.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The department must inspect timber operation areas on an initial schedule and may be required to do additional inspections as needed.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4604. (a) The department shall provide an initial inspection of the area in which timber operations are to be conducted within 10 days from the date of filing of the timber harvesting plan or nonindustrial timber management plan, or a longer period as may be mutually agreed upon by the department and the person submitting the plan, except that the inspection need not be made pursuant to the filing of a timber harvesting plan if the department determines that the inspection would not add substantive information that is necessary to enforce this chapter. The department shall provide for inspections, as needed, as follows: (1) During the period of commencement of timber operations. (2) When timber operations are well under way. (3) Following completion of timber operations. (4) At any other times as determined to be necessary to enforce this chapter. (b) (1) The Department of Fish and Wildlife, the California regional water quality control boards, the State Water Resources Control Board, and the California Geological Survey, if accompanied by Department of Forestry and Fire Protection personnel and after 24-hour advance notification is given to the landowner, may enter and inspect land during normal business hours at any time after commencement of timber harvest plan activities on the land and before the director issues a report of satisfactory completion of stocking pursuant to Section 4588 or at any time before the end of the first winter period following the filing of a work completion report pursuant to Section 4585, whichever is later. Any member of the inspection party may utilize whatever measurement and evaluation devices, including, but not limited to, photographic equipment and temperature measurement devices, that are determined to be necessary, when participating in an inspection of an area pursuant to subdivision (a) or after commencement of timber harvesting plan activities pursuant to this subdivision. (2) Photographs taken during inspections shall be clearly labeled as to time, date, and location and shall be the property of the department and part of the inspection record. The inspection record shall be subject to all provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (3) This subdivision is not a limitation upon the authority of any agency to inspect pursuant to any other provision of law. (c) This section shall become operative on January 1, 1991, or on the effective date of the rules and regulations adopted by the State Board of Forestry and Fire Protection pursuant to Senate Bill 1566, whichever date occurs first. (Amended by Stats. 2025, Ch. 236, Sec. 20. (SB 831) Effective January 1, 2026.)
  100. 4605.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The department may seek an injunction for violations or threatened violations, and the court may order temporary or emergency corrective relief.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4605. The department may bring an action to enjoin the violation, or threatened violation, of any provision of this chapter or the rules and regulations of the board. Any such proceedings shall be in accordance with the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. If in such a proceeding it shall appear from facts shown by affidavit or verified complaint that any such violation has occurred or is threatened, the court may issue a temporary restraining order restraining and ordering the immediate discontinuance of any timber operation in which such violation has occurred or is threatened pending a hearing on the matter. The court may, upon a finding that immediate and irreparable harm is threatened to soil resources or the water of the state by virtue of erosion, pollution, or contamination, order the defendant to take appropriate emergency corrective action, authorize the department to order the defendant to take such action, or authorize the department to take emergency action to correct a violation of this chapter. Any expenses incurred by the department in taking action in conformity with such order shall be a lien upon the property upon which such action was taken when notice of the lien is recorded. Such lien shall be subject to the provisons of Section 4608. (Amended by Stats. 1976, Ch. 1300.)
  101. 4606.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    A court may stop timber operations and issue injunction-related orders when a defendant is violating, threatening to violate, or has violated forest-practice rules.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4606. If upon a hearing to show cause why a preliminary injunction should not be issued, or upon a hearing of any motion for a preliminary injunction, or if the court should find in any such action that any such defendant is violating, threatens to violate, or has violated, any provision of this chapter or rules and regulations of the board, the court may not only order the discontinuance of any timber operations in which the violation has occurred, is threatening to occur, or is occurring, but may also enjoin any further timber operations by the defendant in this state until the violations complained of have been corrected or until satisfactory provisions have been approved by the court for the violations to be corrected at a specified date. Any defendant in such proceedings may enter into a written agreement with the department assuring that such defendant will resume operations in compliance with the provisions of this chapter or the rules and regulations of the board and correct the violations on such reasonable terms and conditions as the department may require. Upon approval by the court, any temporary restraining order, preliminary injunction, or permanent injunction may include or be amended to include an order that any defendant entering into such an agreement comply with the terms of the agreement as a condition for engaging in any timber operations enjoined by the temporary restraining order, preliminary injunction, or permanent injunction. The court may require a bond payable to the department in such amount as the court deems proper to insure correction of any such violation in accordance with the agreement or any other provisions required by the court. The court may make any other orders reasonable and necessary to carry out the intent of this article. (Amended by Stats. 1982, Ch. 517, Sec. 352.)
  102. 4607.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The department may take necessary and appropriate steps, and spend money, to correct a violation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4607. The department may take such appropriate steps as are necessary and incur expenses to correct any violation. (Amended by Stats. 1976, Ch. 1300.)
  103. 4608.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Before corrective action, the department must give the responsible person written notice, and the notice must give at least 30 days to act. The person may ask the board for a public hearing within 10 days if they disagree. The department may also record and enforce a lien for corrective-action expenses.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4608. (a) Before taking any corrective action, other than under Section 4605, the department shall serve a written notice upon the person responsible for the violation. The notice shall include a statement of the corrective action to be taken, a date not less than 30 days from the date of service of the notice by which the corrective action is to be taken, and a statement that if the corrective action is not taken on or before the date specified the department may take corrective action and charge the person for the costs of the corrective action pursuant to Section 4610. The notice shall also include a statement that if the person disagrees for any reason with the proposed corrective action or with the charging of the person with the costs of the corrective action, the person may, within 10 days from the service of the notice, request of the board a public hearing before the board. (b) The department may record the notice in each county where the land in violation is situated, together with a statement that any and all expenses incurred by the department in taking corrective action pursuant to this article shall be a lien against the land. Upon satisfactory proof that corrective action has been completed, the department shall record a notice to that effect. (c) Any expenses incurred by the department in taking corrective action shall be a lien upon the real property upon which the action was taken when notice of the lien is recorded. Notice of the lien, particularly identifying the real property upon which the action was taken and the amount of the lien and naming the owner of the property, shall be recorded by the department, in the office of the county recorder of each county in which the property is situated within one year after the first item of expenditures by the department or within 90 days after the completion of the action, whichever first occurs. Upon the recording, the lien shall have the same force, effect, and priority as a judgment lien, except that it shall attach only to the real property described in the notice and shall continue for 10 years from the time of the recording of the notice, unless sooner released or otherwise discharged. The lien may, within 10 years of the time of the recording, or within 10 years from the date of the last extension of the lien in the manner herein provided, be extended by recording a new notice in the office of the county recorder where the original notice is recorded, and from the time of the recording the lien shall be extended as to the real property for 10 years, unless sooner released or otherwise discharged. The department may at any time release all or any portion of the real property subject to the lien from the lien or subordinate it to other liens and encumbrances, if it determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount owed. A certificate by the department to the effect that any real property has been released from the lien or that the lien has been subordinated to other liens and encumbrances shall be conclusive evidence that the real property has been released or that the lien has been subordinated as provided in the certificate. (Amended by Stats. 2021, Ch. 133, Sec. 87. (SB 272) Effective July 23, 2021.)
  104. 4609.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    If corrective action is not taken by the notice deadline, the department may do the work and recover expenses. If the responsible person requests a hearing, the board must hold one after at least 15 days’ written notice.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4609. If the corrective action is not taken on or before the date specified in the notice served pursuant to Section 4608, the department may take, or contract for the taking of, such corrective action and recover the expenses of the corrective action as provided in Section 4610. Where the person responsible makes a request for public hearing, the board, after at least 15 days written notice, shall hold a public hearing to hear the objections to the proposed action. The board may, but need not, conduct the hearing in accordance with the applicable provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. At the conclusion of the hearing, the board may make an order specifying the action to be taken by the person responsible to correct the violation, setting the time limits for such action, and authorizing the taking of such action by the department if the person responsible does not do so within the specified time. (Amended by Stats. 1976, Ch. 1300.)
  105. 4610.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    If the department takes corrective action under this article, the responsible person owes administrative costs increased by $250 or 10%, whichever is higher, and the department may recover unpaid amounts in a civil action after 10 days’ written demand.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4610. The expenses incurred by the department in taking any corrective action pursuant to this article shall be increased by two hundred fifty dollars ($250) or 10 percent, whichever sum is higher, as administrative costs and shall constitute a debt of the person responsible, and, if not paid within 10 days after written demand therefor, may be recovered by the department in a civil action. (Amended by Stats. 1976, Ch. 1300.)
  106. 4611.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board, the department, and authorized persons are not liable for trespass civil actions when their necessary acts are taken to carry out this article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 8. Penalties and Enforcement [4601 - 4611] ( Article 8 added by Stats. 1973, Ch. 880. ) ## 4611. Neither the board, the department, nor any person authorized by the board or the department to enter upon any lands for the purpose of taking any corrective action pursuant to this article is liable to civil action for trespass for any acts which are necessary to carry out the provisions of this article. (Amended by Stats. 1976, Ch. 1300.)
  107. 4621.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Owners of timberlands converting them to non-timber uses must file a conversion application with the board and pay an application fee.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4621. (a) A person who owns timberlands that are to be devoted to uses other than the growing of timber shall file an application for conversion with the board. The board shall, by regulation, prescribe the procedures for, and the form and content of, the application. An application for a timberland conversion permit shall be accompanied by an application fee, payable to the department, in an amount determined by the board pursuant to subdivision (b). (b) The board shall establish, by regulation, a system of graduated timberland conversion permit fees to finance the cost of administering this article. (c) For purposes of this section, “growing of timber” shall include restoration and conservation forest management activities, which may include the removal of commercial species, if necessary to achieve specific forest health and ecological goals, including the restoration and conservation of oak woodlands, grasslands, wet meadows, and other ecologically important or unique habitats, that are not conducted in conjunction with the cutting or removal of trees or other forest products during the conversion of timberlands for other uses, including, but not limited to, residential or commercial developments, production of other agricultural crops, recreational developments, ski developments, water development projects, and transportation projects. (Amended by Stats. 2016, Ch. 583, Sec. 3. (AB 1958) Effective January 1, 2017.)
  108. 4621.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    For certain timberland conversion applications, the applicant must identify the alternate use and provide information the board needs, and the board may approve only after making specified written findings.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4621.2. (a) If the timberlands which are to be devoted to uses other than the growing of timber are zoned as timberland production zones under Section 51112 or 51113 of the Government Code, the application shall specify the proposed alternate use and shall include information the board determines necessary to evaluate the proposed alternate use. The board shall approve the application for conversion only if the board makes written findings that all of the following exist: (1) The conversion would be in the public interest. (2) The conversion would not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open-space use of other land zoned as timberland preserve and situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed. (3) The soils, slopes, and watershed conditions would be suitable for the uses proposed if the conversion were approved. (b) The existence of an opportunity for an alternative use of the land shall not alone be sufficient reason for conditionally approving an application for conversion. Conversion shall be considered only if there is no proximate and suitable land which is not zoned as timberland production for the alternate use not permitted within a timberland production zone. (c) The uneconomic character of the existing use shall not be sufficient reason for the conditional approval of conversion. The uneconomic character of the existing use may be considered only if there is no other reasonable or comparable timber-growing use to which the land may be put. (d) In the event that the board delegates its responsibilities under this section to the director pursuant to Section 4627, the director shall make the written findings required by subdivision (a). In the event that the director denies a conversion, the applicant may request a hearing before the board within 15 days of the denial. The hearing shall be scheduled within 60 days from the filing of the appeal. (Amended by Stats. 1990, Ch. 1237, Sec. 3.)
  109. 4622.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    An application for conversion may be approved only if required rezoning or a use permit is granted, and timber operations may not start until those approvals are granted and the conversion permit is recorded.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4622. Approval of an application for conversion shall be conditioned upon the granting of the necessary rezoning or use permit if rezoning or a use permit is required. Except as provided in Section 4584, all timber shall be cut pursuant to an approved conversion pursuant to Section 4581, excluding requirements for stocking and methods of silviculture, except that the timber harvesting plan required by that section need not be prepared by a registered professional forester, and no timber operations shall commence until the granting of such rezoning or use permit as may be required and until the timberland conversion permit is recorded in the county recorder’s office in each county wherein the timberland to be converted is located. (Amended by Stats. 1989, Ch. 1161, Sec. 3.)
  110. 4623.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    An applicant must include an affidavit with the application stating a present bona fide intent to convert the land to a non-timber use. The board may also require additional proof of that intent.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4623. The application shall be accompanied by an affidavit by the applicant that the applicant has a present bona fide intent to convert the land to a use other than timber growing. The board may require such additional proof of intent to convert as it deems necessary. (Added by Stats. 1973, Ch. 880.)
  111. 4624.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must deny a timberland conversion permit if any listed reason applies.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4624. The board shall deny a timberland conversion permit for any of the following reasons: (a) The applicant is not the real person in interest. (b) Material misrepresentation or false statement in the application. (c) The applicant does not have a bona fide intention to convert the land. (d) The failure or refusal of the applicant to comply with the rules and regulations of the board and the provisions of this chapter. (e) The failure of the proposed alternate use in the application to meet the findings required in subdivision (a) of Section 4621.2 and other provisions of that section. (Amended by Stats. 1976, Ch. 176.)
  112. 4624.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    If a timberland conversion permit application is denied, the applicant is entitled to a hearing before the board.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4624.5. A person whose application for a timberland conversion permit has been denied shall be entitled to a hearing before the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1973, Ch. 880.)
  113. 4625.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    If the board finds the applicant genuinely intends to convert the land, it must approve the application and the applicant may cut and remove trees if it otherwise complies with the chapter.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4625. If the board finds the applicant does have a bona fide intention to convert the land, it shall approve the application, authorizing the applicant to cut and remove any and all trees, provided that the applicant otherwise complies with this chapter. (Amended by Stats. 2021, Ch. 133, Sec. 88. (SB 272) Effective July 23, 2021.)
  114. 4626.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    If the board finds the applicant did not follow the stated intent to convert, it may revoke the permit and require full compliance with the chapter.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4626. If at any time the board finds that the applicant has failed to conform to the intent to convert, as set forth in the application and proof, the board may revoke the permit and require full compliance with this chapter. Any permit revocation shall be recorded in the same manner as the original permit. (Added by Stats. 1973, Ch. 880.)
  115. 4627.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board may, by regulation, delegate its authority and responsibilities under this article to the director if it decides the director can do the work more efficiently.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4627. The board may, by regulation, delegate its authority and responsibilities under this article to the director if it determines that the director can more efficiently exercise such authority and carry out such responsibilities. (Amended by Stats. 1976, Ch. 1300.)
  116. 4628.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Public agencies do not have to submit a timber harvesting plan or file a conversion application when their timber operations are for constructing or maintaining a right-of-way on public property.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9. Conversion [4621 - 4628] ( Article 9 added by Stats. 1973, Ch. 880. ) ## 4628. (a) Notwithstanding any provision of this article or of Section 4581, no public agency shall be required to submit a timber harvesting plan or file an application for conversion with the board where the purpose of its timber operations is to construct or maintain a right-of-way on its own or on any other public property. (b) Removal of trees for subdivision development, except on lands zoned as a timberland production zone pursuant to Section 51112 or 51113 of, and as defined in subdivision (g) of Section 51104, of the Government Code, where the subdivision has had a tentative subdivision map approved and a subdivision use permit granted by the city or county having jurisdiction, may be exempted by regulation from the provisions of this article, if the exemption is consistent with the purposes of this chapter. (Amended by Stats. 1984, Ch. 636, Sec. 1.)
  117. 4629.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    The Legislature states several findings about the forest products sector, forest practice regulation, and environmental protection.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629. The Legislature finds and declares all of the following: (a) A thriving in-state forest products sector provides public benefits, including employment opportunities in both rural and urban areas, and economic development for rural communities. (b) Enabling continued economically viable production of forest products can help to protect the state’s forest lands from conversion to other uses. (c) The state’s forest practice regulations provide for environmental protection of the state’s air, water, habitat, geology, and soil resources. (d) Consumers of wood products in the state currently do not directly pay for the state’s forest practice program and the costs of protecting the state’s natural resources. (e) Current in-state producers of wood products already bear a significant cost of conforming with the state’s environmental laws, which economically disadvantages those producers relative to out-of-state production. (f) Conforming with the state’s environmental laws ensures that wildlife, habitat, clean air, forest, and water quality receive some protection. (Amended by Stats. 2025, Ch. 236, Sec. 21. (SB 831) Effective January 1, 2026.)
  118. 4629.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    The Legislature states that the state’s forest practice regulatory program needs adequate performance measures so it can provide transparency to regulated parties and other stakeholders.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.1. The Legislature further finds that the state’s forest practice regulatory program needs to develop adequate performance measures to provide transparency for both the regulated community and other stakeholders. (Added by Stats. 2012, Ch. 289, Sec. 3. (AB 1492) Effective September 11, 2012.)
  119. 4629.11.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    The department may borrow against anticipated fund revenues to meet cashflow needs, and must repay any such loan in a timely manner from reserves received into the fund.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.11. (a) Notwithstanding any other law, the revenues in any fiscal year may be accounted for on an accrued basis. The department may borrow against anticipated revenues to the fund to meet cashflow needs. (b) Notwithstanding any other law, a loan obtained pursuant to subdivision (a) shall be interest free. The department shall repay the loan in a timely manner from reserves received into the fund. (Added by Stats. 2012, Ch. 289, Sec. 3. (AB 1492) Effective September 11, 2012.)
  120. 4629.12.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    The Director of Finance must authorize a General Fund loan to the fund for the activities in Section 4629.6, and the loan must be repaid with interest from assessment revenues.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.12. (a) The Director of Finance shall authorize a loan, from the General Fund to the fund, to implement the activities described in Section 4629.6. (b) Any loan made pursuant to this section shall be repaid, with interest at the pooled money investment rate, from revenues from the assessment imposed pursuant to Section 4629.5. (Added by Stats. 2012, Ch. 289, Sec. 3. (AB 1492) Effective September 11, 2012.)
  121. 4629.13.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    The Controller may use money in the fund for cashflow loans to the General Fund, subject to the referenced Government Code sections and an exemption for those loans. Interest must be paid on all money loaned, at a rate set by the Pooled Money Investment Board.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.13. Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381 of the Government Code. Any such loan shall be exempt from paragraph (2) of subdivision (b) of Section 16310 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which the money is loaned. This section does not authorize any transfer that would interfere with the carrying out of the object for which these funds were created. (Added by Stats. 2012, Ch. 289, Sec. 3. (AB 1492) Effective September 11, 2012.)
  122. 4629.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    The Legislature states its intent to promote sustainable forest practices, secure ongoing funding for forest programs, support timber production within environmental standards, and improve forest restoration and management.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.2. In enacting this article, it is the intent of the Legislature to accomplish all of the following: (a) Promote and encourage sustainable forest practices consistent with provisions of this chapter in a manner consistent with other laws, including, but not limited to, the Timberland Productivity Act of 1982 (Article 1 (commencing with Section 51100) of Chapter 6.7 of Part 1 of Division 1 of Title 5 of the Government Code), the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Porter-Cologne Water Quality Act (Chapter 1 (commencing with Section 13000) of Division 7 of the Water Code), and the California Endangered Species Act (Article 3 (commencing with Section 2080) of Chapter 1.5 of Division 3 of the Fish and Game Code). (b) Ensure continued sustainable funding for the state’s forest practice program to protect the state’s forest resources, and replace the current piecemeal funding structure with a single funding source. (c) Support in-state production of timber within the state’s environmental standards, and promote and encourage retention of forests and forested landscapes. (d) Create a funding source for the restoration of the state’s forested lands and promote restoration of fisheries and wildlife habitat and improvement in water quality. (e) Promote restoration and management of forested landscapes consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (f) Promote transparency in regulatory costs and programs through the creation of performance measures and accountability for the state’s forest practice regulatory program and simplify the collection and use of critical data to ensure consistency with other pertinent laws and regulations. (g) Identify and implement efficiencies in the regulation of timber harvesting between state agencies. (h) Modify current regulatory programs to incorporate, and provide incentives for best practices, and develop standards or strategies, where appropriate, to protect natural resources, including the development of plans that address road management and riparian function on an ownershipwide, watershedwide, or districtwide scale. (Added by Stats. 2012, Ch. 289, Sec. 3. (AB 1492) Effective September 11, 2012.)
  123. 4629.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    This section creates the Timber Regulation and Forest Restoration Fund in the State Treasury and defines several terms used in the article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.3. (a) The Timber Regulation and Forest Restoration Fund is hereby created in the State Treasury. All revenues received from the assessments imposed pursuant to Section 4629.5, less amounts deducted for refunds and reimbursements, shall be deposited into the fund. (b) Unless the context requires otherwise, the following definitions shall apply to this article: (1) “Board” means the State Board of Forestry and Fire Protection. (2) “Department” means the Department of Forestry and Fire Protection. (3) “Engineered wood product” means a building product, including, but not limited to, veneer-based sheeting material, plywood, laminated veneer lumber (LVL), parallel-laminated veneer (PLV), laminated beams, I-joists, edge-glued material, or composite material such as cellulosic fiberboard, hardboard, decking, particleboard, waferboard, flakeboard, oriented strand board (OSB), or any other panel or composite product where wood is a component part, that is identified in regulations adopted by the board pursuant to Section 4629.4. For purpose of this paragraph, an “engineered wood product” shall only include products that consist of at least 10 percent wood. (4) “Fund” means the Timber Regulation and Forest Restoration Fund. (5) “Lumber product” means a product in which wood or wood fiber is a principal component part, including, but not limited to, a solid wood product, or an engineered wood product, that is identified in regulations adopted by the board pursuant to Section 4629.4. “Lumber product” does not include furniture, paper products, indoor flooring products such as hardwood or laminated flooring, bark or cork products, firewood, or other products not typically regarded as lumber products. (6) “Principal component part” means 10 percent of the total content by volume. (7) “Qualified nonprofit organization” means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) qualified to do business in California and qualified for exempt status under Section 501(c)(3), 501(c)(4), or 501(c)(5) of the Internal Revenue Code. (8) “Recognized tribe” means those entities recognized as eligible to receive service from the United States Bureau of Indian Affairs, as listed in the Federal Register, and those tribes designated in the list of nonrecognized tribes for California by the Native American Heritage Commission. (9) “State responsibility area” means those areas for which the state has primary fire protection responsibility, as designated by the board in accordance with Section 4125. (Added by Stats. 2012, Ch. 289, Sec. 3. (AB 1492) Effective September 11, 2012.)
  124. 4629.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    The board must adopt and update a regulation identifying lumber and engineered wood products subject to the assessment, and it may readopt certain emergency regulations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.4. (a) On or before October 1, 2012, the board shall adopt a regulation that interprets and makes specific the lumber products and engineered wood products that the board determines shall be subject to the lumber products assessment imposed pursuant to Section 4629.5. The board shall annually update the regulation. The lumber products identified in the annually updated regulation that is adopted shall become subject to the assessment imposed pursuant to Section 4629.5 on the first day of the calender quarter commencing more than 60 days after adoption of the updated regulation. (b) The board shall adopt any regulations or emergency regulations necessary to implement the provisions of this article in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of title 2 of the Government Code). The board may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted under this section. The initial adoption of emergency regulations and the one readoption of emergency regulations authorized by this subdivision shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. The initial emergency regulation and the one readoption of an emergency regulation authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulation and the one readoption of an emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. The lumber products and engineered wood products identified in the regulation adopted shall become subject to the assessment imposed pursuant to Section 4629.5, commencing January 1, 2013. (Added by Stats. 2012, Ch. 289, Sec. 3. (AB 1492) Effective September 11, 2012.)
  125. 4629.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    This section imposes a 1% assessment on purchasers of lumber or engineered wood products for storage, use, or other consumption in California, and requires retailers to collect, show, and separately state the assessment.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.5. (a) (1) There is hereby imposed an assessment on a person who purchases a lumber product or an engineered wood product for storage, use, or other consumption in this state, at the rate of 1 percent of the sales price. (2) A retailer shall charge the person the amount of the assessment as a charge that is separate from, and not included in, any other fee, charge, or other amount paid by the purchaser. (3) The retailer shall collect the assessment from the person at the time of sale, and may retain reimbursement pursuant to Sections 2000 and 2001 of Title 18 of the California Code of Regulations, as approved by the State Board of Equalization at its September 10, 2013, meeting, for startup costs associated with the collection of the assessment, to be taken on the first return or next consecutive returns until the entire reimbursement amount is retained. (b) The retailer shall separately state the amount of the assessment imposed under this section on the sales receipt given by the retailer to the person at the time of sale. (c) The State Board of Equalization shall administer and collect the assessment imposed by this section pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code) with those changes as may be necessary to conform to this article. For purposes of this section, the references in the Fee Collection Procedures Law to “fee” shall include the assessment imposed by this section, and references to “feepayer” shall include a person required to pay the assessment imposed by this article, which includes the retailer. (d) (1) The assessment is required to be collected by a retailer and any amount unreturned to the person who paid an amount in excess of the assessment, but was collected from the person under the representation by the retailer that it was owed as an assessment, constitutes debts owed by the retailer to this state. (2) A person who purchases a lumber product or an engineered wood product for storage, use, or other consumption in this state is liable for the assessment until it has been paid to this state, except that payment to a retailer relieves the person from further liability for the assessment. Any assessment collected from a person that has not been remitted to the State Board of Equalization shall be a debt owed to the state by the retailer required to collect and remit the assessment. This part does not impose any obligation upon a retailer to take any legal action to enforce the collection of the assessment imposed by this section. (3) An excluded retailer, as described in subparagraph (B) of paragraph (2) of subdivision (g), shall provide a notice to a purchaser of qualified lumber products or engineered wood products regarding the purchaser’s obligation to remit the assessment to the State Board of Equalization. Section 4601 does not apply to this paragraph. (e) Except as provided in paragraph (3) of subdivision (a), the State Board of Equalization may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this section, including, but not limited to, collections, reporting, refunds, and appeals. (f) (1) The assessment imposed by this section is due and payable to the State Board of Equalization quarterly on or before the last day of the month next succeeding each quarterly period. (2) On or before the last day of the month following each quarterly period, a return for the preceding quarterly period shall be filed with the State Board of Equalization using electronic media, in the form prescribed by the State Board of Equalization. Returns shall be authenticated in a form or pursuant to methods, as prescribed by the State Board of Equalization. (g) For purposes of this section, all of the following shall apply: (1) “Purchase” has the same meaning as that term is defined in Section 6010 of the Revenue and Taxation Code. (2) (A) “Retailer” has the same meaning as that term is defined in Section 6015 of the Revenue and Taxation Code. (B) A retailer with de minimis sales of qualified lumber products and engineered wood products of less than twenty-five thousand dollars ($25,000) during the previous calendar year is not a retailer for purposes of this section, except as provided in paragraph (3) of subdivision (d). (3) “Sales price” has the same meaning as that term is defined in Section 6011 of the Revenue and Taxation Code. (4) “Storage” has the same meaning as that term is defined in Section 6008 of the Revenue and Taxation Code. (5) “Use” has the same meaning as that term is defined in Section 6009 of the Revenue and Taxation Code. (h) (1) A person required to pay the assessment imposed under this article shall register with the State Board of Equalization. Every application for registration shall be made in a form prescribed by the State Board of Equalization and shall set forth the name under which the applicant transacts or intends to transact business, the location of the person’s place or places of business, and any other information that the State Board of Equalization may require. An application for registration shall be authenticated in a form or pursuant to methods as may be prescribed by the State Board of Equalization. (2) An application for registration filed pursuant to this section may be filed using electronic media as prescribed by the State Board of Equalization. (3) Electronic media includes, but is not limited to, computer modem, magnetic media, optical disc, facsimile machine, or telephone. (Amended by Stats. 2014, Ch. 810, Sec. 1. (AB 2031) Effective January 1, 2015.)
  126. 4629.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    Money in the fund may be spent only for listed purposes, and certain agencies generally cannot charge review/inspection/permit fees for timber operations after July 1, 2013, with stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.6. Moneys deposited in the fund shall, upon appropriation by the Legislature, only be expended for the following purposes: (a) To reimburse the State Board of Equalization for its administrative costs associated with the administration, collection, audit, and issuance of refunds related to the lumber products and engineered wood assessment established pursuant to Section 4629.5. (b) To pay refunds issued pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code. (c) To support the activities and costs of the department, the Department of Conservation, the Department of Fish and Wildlife, the State Water Resources Control Board, and regional water quality control boards associated with the review of projects or permits necessary to conduct timber operations. On or after July 1, 2013, except for fees applicable for fire prevention or protection within state responsibility area classified lands or timber yield assessments, no currently authorized or required fees shall be charged by the agencies listed in this subdivision for activities or costs associated with the review of a project, inspection and oversight of projects, and permits necessary to conduct timber operations of those departments and boards. (d) For transfer to the department’s Forest Improvement Program for forest resources improvement grants and projects administered by the department pursuant to Chapter 1 (commencing with Section 4790) and Chapter 2 (commencing with Section 4799.06) of Part 2.5. (e) To fund existing restoration grant programs, with priority given to the Fisheries Restoration Grant Program administered by the Department of Fish and Wildlife and grant programs administered by state conservancies. (f) (1) As a loan to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from marijuana cultivation. Not more than five hundred thousand dollars ($500,000) may be loaned from the fund in a fiscal year pursuant to this paragraph. This paragraph shall become inoperative on July 1, 2017. (2) Any funds deposited into the fund pursuant to subdivision (d) or (f) of Section 12025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the Fish and Game Code shall be credited toward loan repayment. (3) Moneys from the General Fund shall not be used to repay a loan authorized pursuant to this subdivision. (g) To the department for fuel treatment grants and projects pursuant to authorities under the Wildland Fire Protection and Resources Management Act of 1978 (Article 1 (commencing with Section 4461) of Chapter 7). (h) To the department to provide grants to local agencies responsible for fire protection, qualified nonprofits, recognized tribes, local and state governments, and resources conservation districts, undertaken on a state responsibility area (SRA) or on wildlands not in an SRA that pose a threat to the SRA, to reduce the costs of wildland fire suppression, reduce greenhouse gas emissions, promote adaptation of forested landscapes to changing climate, improve forest health, and protect homes and communities. (i) To the Natural Resources Agency to provide a reasonable per diem for attendance at a meeting of the advisory body for the state’s forest practice program by a member of the body who is not an employee of a government agency. (Amended by Stats. 2016, Ch. 340, Sec. 33. (SB 839) Effective September 13, 2016.)
  127. 4629.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    Grants under Section 4629.6 must be used to fund forest-related activities, starting with forest health improvements.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.7. All grants made pursuant to subdivisions (g) and (h) of Section 4629.6 shall fund activities that do any of the following, in order of priority: (a) Improve forest health. (b) Promote climate mitigation strategies included in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) scoping plan for the forest sector, as adopted by the State Air Resources Control Board, or as amended through subsequent actions of that board. (c) Promote climate change adaptation strategies for the forest sector, as adopted by the Natural Resources Agency in the California Climate Adaptation Strategy. (Amended by Stats. 2014, Ch. 35, Sec. 134. (SB 861) Effective June 20, 2014.)
  128. 4629.8.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    Money in the fund must be spent in a set priority order, and it cannot be used to pay or reimburse permit-condition requirements, including mitigation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.8. (a) Funds deposited in the fund shall be appropriated in accordance with the following priorities: (1) First priority shall be for funding associated with the administration and delivery of responsibilities identified in subdivisions (a) to (c), inclusive, of Section 4629.6. (2) Only after paragraph (1) is funded, the second priority shall be, if deposits are sufficient in future years to maintain the fund, by 2016, at a minimum reserve of four million dollars ($4,000,000), for use and appropriation by the Legislature in years during which revenues to the account are projected to fall short of the ongoing budget allocations for support of the activities identified in paragraph (1). (3) Only after paragraphs (1) and (2) are funded, the third priority shall be in support of activities designated in subdivisions (d) to (f), inclusive, of Section 4629.6. (4) Only after paragraphs (1) to (3), inclusive, are funded, the fourth priority shall be to support the activities designated in subdivisions (g) to (i), inclusive, of Section 4629.6. (b) Funds shall not be used to pay for or reimburse any requirements, including mitigation of a project proponent or applicant, as a condition of any permit. (Amended by Stats. 2016, Ch. 340, Sec. 34. (SB 839) Effective September 13, 2016.)
  129. 4629.9.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. )

    Verify source ↗

    The Secretary of the Natural Resources Agency must submit an annual report to the Joint Legislative Budget Committee about state forest and timberland regulation activities.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 9.5. Timber Regulation and Forest Restoration Fund [4629 - 4629.13] ( Article 9.5 added by Stats. 2012, Ch. 289, Sec. 3. ) ## 4629.9. (a) On or before January 10, 2013, and on each January 10 thereafter in conjunction with the 2014–15 Governor’s Budget and each Governor’s Budget thereafter, the Secretary of the Natural Resources Agency, in consultation with the Secretary for Environmental Protection, shall submit to the Joint Legislative Budget Committee a report on the activities of all state departments, agencies, and boards relating to forest and timberland regulation. This report shall include, at a minimum, all of the following: (1) A listing, by organization, of the proposed total costs associated with the review, approval, and inspection of timber harvest plans and associated permits. (2) The number of timber harvest plans, and acreage covered by the plans, reviewed in the 2011–12 fiscal year, or the most recent fiscal year. (3) To the extent feasible, a listing of activities, personnel, and funding, by department, for the forest practice program for 2012–13, or the most recent fiscal year, and the preceding 10 fiscal years. (4) The number of staff in each organization dedicated fully or partially to (A) review of timber harvest plans, and (B) other forestry-related activities, by geographical location in the state. (5) The costs of other forestry-related activities undertaken. (6) A summary of any process improvements identified by the administration as part of ongoing review of the timber harvest process, including data and technology improvement needs. (7) Workload analysis for the forest practice program in each organization. (8) In order to assess efficiencies in the program and the effectiveness of spending, a set of measures for, and a plan for collection of data on, the program, including, but not limited to: (A) The number of timber harvest plans reviewed. (B) Average time for plan review. (C) Number of field inspections per inspector. (D) Number of acres under active plans. (E) Number of violations. (F) Evaluating ecological performance. (b) A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2013, Ch. 76, Sec. 171. (AB 383) Effective January 1, 2014.)
  130. 4630.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 10. Innovative Forest Products and Mass Timber [4630 - 4630.2] ( Article 10 added by Stats. 2018, Ch. 637, Sec. 2. )

    Verify source ↗

    This section defines “innovative forest products” and “mass timber.”

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 10. Innovative Forest Products and Mass Timber [4630 - 4630.2] ( Article 10 added by Stats. 2018, Ch. 637, Sec. 2. ) ## 4630. For purposes of this article, the following terms have the following meanings: (a) “Innovative forest products” means products made using small-diameter woody materials, brush, and dead trees removed from fire hazard areas identified by the department and that are milled and manufactured in California to the maximum extent possible. (b) “Mass timber” means prefabricated wood products consisting of not less than three layers of solid-sawn lumber or structural composite lumber in which adjacent layers are cross-oriented and bonded with structural adhesives, dowels, or nails to form a solid wood element and that are milled and manufactured in California to the maximum extent possible. (Added by Stats. 2018, Ch. 637, Sec. 2. (AB 2518) Effective January 1, 2019.)
  131. 4630.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 10. Innovative Forest Products and Mass Timber [4630 - 4630.2] ( Article 10 added by Stats. 2018, Ch. 637, Sec. 2. )

    Verify source ↗

    The department must identify barriers to in-state mass timber production and develop climate-consistent solutions, and it must collaborate with specified groups on workforce training and job creation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 10. Innovative Forest Products and Mass Timber [4630 - 4630.2] ( Article 10 added by Stats. 2018, Ch. 637, Sec. 2. ) ## 4630.1. (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other innovative forest products and shall develop solutions that are consistent with the state’s climate objectives on forest lands. (b) The department shall collaborate, in implementing this section, with members of the working group established pursuant to Section 717, other state agencies, and independent experts, including with apprenticeship programs of organized labor, community colleges, and others with similar expertise, on innovative forest products and mass timber workforce training and job creation. (Amended by Stats. 2020, Ch. 370, Sec. 238. (SB 1371) Effective January 1, 2021.)
  132. 4630.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 10. Innovative Forest Products and Mass Timber [4630 - 4630.2] ( Article 10 added by Stats. 2018, Ch. 637, Sec. 2. )

    Verify source ↗

    The Forest Management Task Force, or its successor, must develop recommendations by July 1, 2020 for siting additional wood product manufacturing facilities in the state.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 10. Innovative Forest Products and Mass Timber [4630 - 4630.2] ( Article 10 added by Stats. 2018, Ch. 637, Sec. 2. ) ## 4630.2. (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governor’s Office of Business and Economic Development, the Joint Institute for Wood Products Innovation in the Board of Forestry and Fire Protection, private industry, investors, and other stakeholders it deems appropriate, develop recommendations for siting additional wood product manufacturing facilities in the state. These recommendations shall include, but are not limited to, all of the following: (1) A financially viable proposal for the development and construction of at least one new mass timber production facility that can manufacture mass timber panels that can be cross or dowel laminated or use similar mass timber technology. (2) The identification and proposal of the necessary incentives needed to attract private investment to construct such a mass timber production facility in California. (3) The identification of other former manufacturing or wood processing sites that may be suitable for future investment. (b) In developing the recommendations pursuant to subdivision (a), it is the intent of the Legislature that the location and activities of the mass timber production facilities, to the extent feasible, meet all of the following: (1) Be adjacent to a high or very high fire hazard severity zone, as identified by the department, and be capable of processing materials generated as a result of fuel treatments or other forest management practices. (2) Generate mass timber workforce training and job creation opportunities. (3) Be located in, or be proximate to, areas that are near the locations of large landscape fires of greater than 50,000 acres that have occurred since 2005 and in areas identified as federal opportunity zones or in areas that have an average household income of at least 5 percent below the state’s median household income. (Amended by Stats. 2019, Ch. 399, Sec. 5. (AB 1823) Effective January 1, 2020.)
  133. 4631.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Purposes and Policies [4631 - 4631.5] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The state declares a policy to acquire and reforest certain forest lands and to set aside demonstration forest areas.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Purposes and Policies [4631 - 4631.5] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4631. It is hereby declared to be in the interest of the welfare of the people of this state and their industries and other activities involving the use of wood, lumber, poles, piling, and other forest products, that desirable cutover forest lands, including those having young and old timber growth, be made fully productive and that the holding and reforestation of such lands is a necessary measure predicated on waning supplies of original old growth timber. It is further declared to be the policy of the state to acquire by purchase, exchange, lease, or grant all of the following: (a) Such cutover lands, the reforestation of which is not assured under private ownership, to reforest such lands during periods of unemployment and at other times. (b) Liquidating forest lands primarily suitable for timber production which may be acquired under precutting agreements. (c) Demonstration forests of 2,000 acres or less adapted to furnish local needs of investigation, demonstration, and education in those timber counties where the ownership pattern is such that management of small areas is an important problem. (d) One area, not to exceed approximately 40,000 acres, in each of the following forest districts, Coast Range Pine and Fir District, North Sierra Pine District and the South Sierra Pine District, for the purpose of demonstration of economical forest management. These areas shall not include virgin timber except that which is incidental to areas previously harvested. (Added by Stats. 1965, Ch. 1144.)
  134. 4631.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Purposes and Policies [4631 - 4631.5] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The state is directed to keep state forest land in timber production for research and demonstration, and to work with local governments on school-enrollment impacts from nearby geothermal development.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Purposes and Policies [4631 - 4631.5] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4631.5. It is further declared to be in the interest of the welfare of the people of this state that the state do all of the following: (a) Retain the existing land base of state forests in timber production for research and demonstration purposes. (b) Cooperate with local governments in mitigating the impacts on school enrollment of geothermal development which occurs in proximity to state-owned forest lands. (Added by Stats. 1982, Ch. 19, Sec. 1. Effective February 6, 1982.)
  135. 4635.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The definitions in this article govern how this chapter is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4635. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1965, Ch. 1144.)
  136. 4636.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    “Continuous production” means management that aims to balance depletion and growth.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4636. “Continuous production” means such management as will approach a balance between depletion and growth. (Added by Stats. 1965, Ch. 1144.)
  137. 4637.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    “Forest land” means land primarily suited to growing timber and other forest products.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4637. “Forest land” means lands primarily suited to growing timber and other forest products. (Added by Stats. 1965, Ch. 1144.)
  138. 4638.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “forest products” to include sawlogs, pilings, poles, split products, pulpwood, bolts, bark, and other products.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4638. “Forest products” includes sawlogs, pilings, poles, split products, pulpwood, bolts, bark and other products. (Added by Stats. 1965, Ch. 1144.)
  139. 4639.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “management” for state forest law.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4639. “Management” means the handling of forest crop and forest soil so as to achieve maximum sustained production of high quality forest products while giving consideration to values relating to recreation, watershed, wildlife, range and forage, fisheries, and aesthetic enjoyment. (Amended by Stats. 1974, Ch. 386.)
  140. 4640.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    “Protection” means protecting forest trees from damage by fire, insects, disease, and trespass.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4640. “Protection” means protection of forest trees against damage by fire, insects, disease, and trespass. (Added by Stats. 1965, Ch. 1144.)
  141. 4641.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “purchase area” as a forest-land area where enough forest land may be available to be consolidated into state forest units.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4641. “Purchase area” means an area of forest land within which forest lands of sufficient acreage may be available and can be consolidated to make state forest units. (Added by Stats. 1965, Ch. 1144.)
  142. 4642.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “reforestation” to include natural regrowth from seed and artificial reforestation by seeding or planting.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4642. “Reforestation” includes reforestation by natural means from seed and artificially by seeding or planting. (Added by Stats. 1965, Ch. 1144.)
  143. 4643.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “State forest” as forest land owned or to be owned by the state.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Definitions [4635 - 4643] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4643. “State forest” means forest land owned or to be owned by the state. (Added by Stats. 1965, Ch. 1144.)
  144. 4645.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may manage, protect, and reforest state forests if it acts under plans approved by the board.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4645. The department, in accordance with plans approved by the board, may engage in the management, protection, and reforestation of state forests. (Amended by Stats. 1976, Ch. 1300.)
  145. 4646.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The director must administer this chapter and may use necessary powers to do so, while following policies adopted by the board.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4646. The director, acting in accordance with policies adopted by the board, shall administer this chapter. The director may exercise all powers necessary to accomplish its purposes and intent. (Amended by Stats. 2021, Ch. 133, Sec. 89. (SB 272) Effective July 23, 2021.)
  146. 4647.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must prepare a map of purchase-area boundaries, prepare data on forest conditions in those areas, and gather surveys, appraisals, inventories, title searches, and other relevant information for forest land offered for sale for state forest purposes.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4647. The department shall prepare a map setting forth the boundaries of purchase areas, and it shall prepare data relating to the forest conditions within these areas. In the preparation of the map and data the department shall be guided by, but not limited to, a report prepared and submitted to the Legislature by the California Forestry Study Committee provided for in Chapter 1086, Statutes of 1943. The department shall make the necessary surveys, examinations, appraisals, inventories, and title searches and obtain other pertinent data and information bearing on tracts of forest land offered for sale for state forest purposes. (Amended by Stats. 1976, Ch. 1300.)
  147. 4648.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Forest land purchases under this chapter need the director’s approval, and the department can complete a purchase only after that approval.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4648. (a) Acquisition of forest land pursuant to this chapter shall be made only upon the approval of the director. Approval by the director shall be based on satisfactory evidence presented to the director by the board as to the suitability and desirability of lands under consideration for purchase for state forest purposes. This suitability and desirability shall be predicated on, but not limited to, all of the following factors: (1) That the lands are suited primarily to timber growing. (2) That the lands represent growing capacities not below the average for the timber region. (3) That they are favorably situated for multiple use and economical administration, management, and utilization. (b) The director shall not approve the acquisition of any lands pursuant to this chapter unless the director receives a resolution recommending the action adopted by the board of supervisors of the county in which those lands are situated following a public hearing held by the board of supervisors on the proposed acquisition. Notice of the hearing shall be published pursuant to Section 6066 of the Government Code. The holding of a hearing shall be optional to the board of supervisors for areas of 2,000 acres or less. Upon approval of a purchase by the director, the department may negotiate for and consummate the purchase of the lands. (Amended by Stats. 2021, Ch. 133, Sec. 90. (SB 272) Effective July 23, 2021.)
  148. 4649.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The board may make an agreement with the Department of Corrections or the Youth Authority to use inmates for work in state forests, if it considers that advisable and advantageous.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4649. Whenever it is deemed advisable and advantageous, the board may enter into an agreement with the Department of Corrections, or the Youth Authority for employment of inmates of these institutions in work on state forests. (Added by Stats. 1965, Ch. 1144.)
  149. 4650.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The director may sell forest products from state forests without advertising for bids if the Director of General Services approves and the sale stays within the stated value or volume limits.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4650. (a) With the approval of the Director of General Services, the director may make sales of forest products from state forests that do not exceed ten thousand dollars ($10,000) in value without advertising for bids. With the approval of the Director of General Services, the director may also make sales that do not exceed 100,000 board feet of dead, dying, downed, diseased, or defective trees, trees harvested in connection therewith for thinning purposes or other forest improvement work, or any combination thereof, without advertising for bids. (b) Any sale of forest products in excess of ten thousand dollars ($10,000) in value, or in excess of 100,000 board feet with respect to dead, dying, downed, diseased, or defective trees, trees harvested in connection therewith for thinning purposes or other forest improvement work, or any combination thereof, shall be upon competitive bids. Advertising for bids shall be the same as is generally in use for the sale of state property. (Amended by Stats. 1981, Ch. 59, Sec. 1. Effective June 10, 1981.)
  150. 4650.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    State forest timber cannot be sold to certain buyers, and violations can trigger a five-year purchase ban and possible license suspension.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4650.1. (a) Notwithstanding any other provision of law, timber from state forests shall not be sold to any California division of a primary manufacturer, or to any person for resale to a primary manufacturer, who does either of the following: (1) Uses that timber at any plant not located within the United States unless it is sawn on four sides to dimensions not greater than 4 inches by 12 inches. (2) Within one year prior to the bid date and one year after the termination of the contract, sells unprocessed timber, which is harvested from private timberlands and is exported into foreign commerce from this state. (b) Any purchaser of timber from state forests who makes use of timber in violation of paragraph (1) of subdivision (a) is prohibited from purchasing state forest timber for a period of five years and may have his or her license suspended for a period of up to one year. (c) The department may adopt appropriate regulations to prevent the substitution of timber from state forests for timber exported from private timberlands. (d) For purposes of this section, “unprocessed timber” means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use, but does not include timber processed into any of the following: (1) Lumber or construction timbers, except Western Red Cedar, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on four sides, not intended for remanufacture. (2) Lumber, construction timbers, or cants for remanufacture, except Western Red Cedar, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list clear grades, sawn on four sides, not to exceed 12 inches in thickness. (3) Lumber, construction timbers, or cants for remanufacture, except Western Red Cedar, that do not meet the grades referred to in paragraph (2) and are sawn on four sides, with wane less than 1/4 of any face, not exceeding 83/4 inches in thickness. (4) Chips, pulp, or pulp products. (5) Veneer or plywood. (6) Poles, posts, or piling cut or treated with preservatives for use as such. (7) Shakes or shingles. (8) Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp. (9) Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the purpose of conversion of the logs into chips. (Amended by Stats. 1993, Ch. 964, Sec. 1. Effective January 1, 1994.)
  151. 4651.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    State forest management and timber or forest product sales must follow regulations made by the director and approved by the board, and sales are limited to raw materials only.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4651. The management of state forests and the cutting and sale of timber and other forest products from state forests shall conform to regulations prepared by the director and approved by the board. These regulations shall be in conformity with forest management practices designed to achieve maximum sustained production of high-quality forest products while giving consideration to values relating to recreation, watershed, wildlife, range and forage, fisheries, and aesthetic enjoyment. The sale of timber and other forest products is limited to raw materials only. (Amended by Stats. 1976, Ch. 1300.)
  152. 4652.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may collect recreational user fees in a demonstration state forest, but the fee cannot exceed the amount needed to cover specified costs.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4652. (a) The department may collect recreational user fees for overnight camping and reserved group activities in a demonstration state forest. The department shall not charge a fee that exceeds the amount necessary to reimburse the department’s costs for maintenance and improvement of campground facilities, associated recreational facilities, natural environment, and access thereto. (b) All recreational user fees received by the department during each fiscal year shall be deposited into the Forest Resources Improvement Fund and shall be used, upon appropriation by the Legislature, to reimburse the department’s cost of maintaining and improving the campground facilities, associated recreational facilities, natural environment, and access thereto. (c) Receipts from the sales of forest products and recreational user fees shall be deposited monthly with the State Treasurer in the Forest Resources Improvement Fund. The Controller shall keep a record of accounts of such receipts separately. (Amended by Stats. 2010, Ch. 598, Sec. 1. (AB 2351) Effective January 1, 2011.)
  153. 4653.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Certain state-owned lands must be sold under state laws if the department classifies them and the board approves them as unsuitable for forest products growth or unnecessary for forest management.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4653. State-owned lands classified by the department and approved by the board as not suited to the growing of forest products, or necessary to the management of the forest, shall be sold according to state laws. (Amended by Stats. 1976, Ch. 1300.)
  154. 4654.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The state must pay each county an amount equivalent to county taxes on similar land for state forest lands, while it still owns the land.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4654. There shall be paid to each county in which lands acquired for state forest purposes are situated, out of funds hereafter made available for such purpose, an amount equivalent to taxes levied by the county on similar land similarly situated in the county in the same manner as provided in the Revenue and Taxation Code for secured property tax payments as long as the state continues to own the land. Such payments shall be based only upon the value of the forest lands used for purposes of continuous commercial forest production and not upon value of such forest land used for any other purposes, including any improvements on such lands. Determination of what constitutes similar land similarly situated shall be made by a committee consisting of the county assessor of the county in which the land is located, a representative of the State Board of Equalization and a representative of the department. The money received by any county pursuant to this section may be expended by it for any proper state purpose not prohibited by the State Constitution. (Amended by Stats. 1976, Ch. 1300.)
  155. 4655.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Tax-deeded lands classified as forest lands may be acquired for state forest purposes using the usual procedure for selling tax-deeded lands.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4655. Tax-deeded lands classified as forest lands, pursuant to Chapter 4.3 (commencing with Section 3534), Part 6, Division 1 of the Revenue and Taxation Code, may be acquired for the state forest purposes through the usual procedure governing the sale of tax-deeded lands. (Added by Stats. 1965, Ch. 1144.)
  156. 4656.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section says the chapter should not interfere with reasonable use of state forests for hunting, fishing, recreation, and camping, and it allows grazing, mining, and water-facility use and development as provided by law.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4656. This chapter does not interfere with the reasonable use of state forests for hunting, fishing, recreation and camping, except as otherwise provided by law. The use of state forest lands for grazing and mining purposes shall be permitted pursuant to regulations established by the board in accordance with Chapter 3. 5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The use and development of water facilities for irrigation and power shall be permitted as provided by law. (Amended by Stats. 1981, Ch. 714, Sec. 359.)
  157. 4656.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The board may make rules and regulations for state forests.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4656.1. The board may establish rules and regulations, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for the preservation, protection, and use of state forests and for the promotion and protection of public health and safety within state forests. (Amended by Stats. 1981, Ch. 714, Sec. 360.)
  158. 4656.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must protect the state forests from damage and preserve the peace there.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4656.2. The department shall protect the state forests from damage and preserve the peace therein. (Amended by Stats. 1976, Ch. 1300.)
  159. 4656.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person who violates state-forest rules set by the board commits a misdemeanor and may be fined up to $1,000.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4656.3. Any person who violates the rules and regulations pertaining to the state forests established by the board is guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000). (Amended by Stats. 1983, Ch. 1092, Sec. 341. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  160. 4657.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If this chapter conflicts with another provision of the division, this chapter controls.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4657. Insofar as the provisions of this chapter may be in conflict with any other provision of this division, the provision of this chapter shall control. (Added by Stats. 1965, Ch. 1144.)
  161. 4658.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The Mountain Home Tract Forest in Tulare County must be managed as a multiple-use forest mainly for public hunting, fishing, and recreation, and state-owned acreage may not fall below 4,000 acres in future land acquisitions or exchanges.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4658. The Mountain Home Tract Forest in Tulare County shall be developed and maintained, pursuant to this chapter, as a multiple-use forest, primarily for public hunting, fishing, and recreation. In future acquisitions and exchanges of land, as provided by law, the acreage in state ownership shall not be reduced below 4,000 acres. (Added by Stats. 1965, Ch. 1144.)
  162. 4659.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The Director of General Services may let the city or county take title to specified property for a solid waste transfer station, but several transfer, development, covenant, reimbursement, and compliance conditions apply.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. State Forests [4645 - 4659] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4659. (a) For purpose of this section, the following definitions shall apply: (1) “City” means the City of Fort Bragg. (2) “County” means the County of Mendocino. (3) “Entity acquiring title” means either the city or the county, whichever exercises the option specified in subdivision (c) to take title to the property. (4) “Property” means the certain real property described as the easterly 17 acres, more or less, of that portion of Mendocino County Assessor’s Parcel Number 019-150-05 which is north of State Highway 20, located in a portion of the Jackson Demonstration State Forest. (5) “Solid waste transfer station” has the same meaning as transfer station, as defined in Section 40200. (b) Notwithstanding any other law, the Director of General Services, subject to the approval of the Department of Forestry and Fire Protection, may grant an option to the city or to the county, for either entity to acquire title to the property for the purpose of developing a solid waste transfer station. (c) The option agreement shall have a term of five years, from the date of execution, for the city or county to exercise the option and take title to the site. (d) Following the transfer of title, the entity acquiring title shall complete the development of, and open, a solid waste transfer station no later than 10 years from the date of recordation of the transfer document or the title to the property shall revert back to the Department of Forestry and Fire Protection and the entity shall reimburse the state for the administrative costs incurred by the state to process the reversionary documents. (e) If the entity acquiring title to the property is successful in opening a solid waste transfer station on the site, all delivery and acceptance of solid waste shall cease at the existing Caspar Landfill property, also known as Mendocino County Assessor’s Parcel Numbers 118-500-10 and 118-500-11. (f) The Department of Forestry and Fire Protection, on behalf of the state, may be compensated for loss of up to 17 acres of the Jackson Demonstration State Forest by transfer from the Department of Parks and Recreation, on behalf of the state, of 12.6 acres in Russian Gulch State Park, which is separated from the remainder of the state park by a county road. (g) The Department of Parks and Recreation, on behalf of the state, may be compensated, in turn, for loss of the 12.6 acres in Russian Gulch State Park specified in subdivision (f) by the grant of a restrictive covenant on 60 acres of city and county property on the northern boundary of the state park, which is currently a closed landfill and small volume transfer station, and by an option to buy 35 acres of the city and county property. (h) If the city or county exercises the option to take title to the property pursuant to this section, the Department of Parks and Recreation, with the approval of the Director of General Services, may transfer to the Department of Forestry and Fire Protection jurisdiction over that portion of Russian Gulch State Park northeast of Mendocino County Road 409, being 12.6 acres, more or less, and being a portion of Mendocino County Assessor’s Parcel Number 118-520-02, to be included as a part of the Jackson Demonstration State Forest under the direction of the Department of Forestry and Fire Protection. (i) If the option to acquire the property is exercised, the entity acquiring title to the property shall execute and record in favor of the Department of Parks and Recreation both of the following: (1) A covenant restricting the uses and activities at the Caspar Landfill property to prevent any significant nuisance impacts on Russian Gulch State Park. The form of this restrictive covenant shall be approved, prior to recordation, by the Department of Parks and Recreation. (2) An option with a term of 99 years and a price of one dollar ($1) to purchase the westernmost 35 acres of the Caspar Landfill property, described in subdivision (e), with road access to that property. (j) The entity acquiring title to the property shall reimburse the state for the difference in the appraised value of the assets that are to be exchanged, if the state is found to be receiving less value, and for reasonable administrative costs incurred to complete the transfer of title. (k) The entity acquiring title of the property shall be solely responsible for compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) in connection with the transfer of property ownership and development of the solid waste transfer station. (l) The exchange of lands carried out pursuant to this section shall be based on current fair market value and subject to the terms and conditions, and with the reservations, restrictions, and exceptions that the Director of General Services determines are in the best interests of the state, including the condition that the exchange shall result in no net cost or loss to the state. (m) (1) If the state exercises the option to purchase the westernmost 35 acres of the Caspar Landfill property, pursuant to paragraph (2) of subdivision (i), the city or county shall indemnify the state against any liability that arises from any injury caused by, or any remediation required by, any contamination on the Caspar Landfill property that is transferred to the state. (2) The Department of Parks and Recreation shall authorize access to the property described in paragraph (1) to the county in order for the county to perform monitoring, including monitoring of groundwater to ensure that there is no leakage or contamination from the landfill. (Added by Stats. 2011, Ch. 173, Sec. 2. (AB 384) Effective January 1, 2012.)
  163. 4660.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. )

    Verify source ↗

    This section states the state policy for the Soquel Demonstration State Forest: establish and preserve an intensively managed research forest in Santa Cruz County.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. ) ## 4660. It is hereby declared to be the policy of the state to establish and preserve an intensively managed, multifaceted research forest which is representative of forest activities as a living forest in Santa Cruz County within northern California’s coastal redwood belt. The coast redwoods, as the dominant tree species in this area, are a valuable natural resource and are unique in North America for their beauty, abundance, diversity, and public accessibility, and their extreme beauty and economic value requires special measures for their protection for the use, enjoyment, and education of the public. It is the intent of the Legislature, in establishing the Soquel Demonstration State Forest, to provide an environment that will do all of the following: (a) Provide watershed protection for local communities and base-line monitoring and studies of the hazards, risks, and benefits of forest operations and watersheds to urban areas. (b) Provide public education and examples illustrating compatible rural land uses, including sustained yield timber production, as well as the historic development of timbering and forestry machinery, within the context of local community protection and nearby pressures. (c) Provide a resource for the public, environmental groups, elected officials, environmental planners, the educational community, and the media as an open environment for the inspection and study of environmental education, forestry practices, and effects thereof. (d) Protect old growth redwood trees. (Added by Stats. 1987, Ch. 1338, Sec. 1.)
  164. 4661.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. )

    Verify source ↗

    The department may allow a limited amount of commercial timber operations in Soquel Demonstration State Forest.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. ) ## 4661. The department may permit a limited amount of commercial timber operations on the property within the Soquel Demonstration State Forest in order to provide funds for the maintenance and operation of the state forest and to allow fulfillment of the objectives of Section 4660. Income from the state forest property shall sustain all costs of operation and provide income for research and educational purposes. (Added by Stats. 1987, Ch. 1338, Sec. 1.)
  165. 4662.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. )

    Verify source ↗

    The department must establish, develop, maintain, and operate the Soquel Demonstration State Forest. The director must appoint an advisory committee to help plan future management.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. ) ## 4662. The department is responsible for the establishment and development of the Soquel Demonstration State Forest and for ongoing maintenance and operations. The director shall appoint an advisory committee to assist the department in planning future management of the forest. The advisory committee shall include representatives of the Santa Cruz County Board of Supervisors, the Department of Parks and Recreation, the State Board of Forestry and Fire Protection, the Forest of Nisene Marks Advisory Committee, and the Department of Fish and Game. (Amended by Stats. 1998, Ch. 972, Sec. 20. Effective January 1, 1999.)
  166. 4663.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. )

    Verify source ↗

    The department must adopt a general plan for the state forest, working with the advisory committee, and the advisory committee must approve the plan before adoption.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. ) ## 4663. The department, in coordination with the advisory committee, shall adopt a general plan for the state forest which reflects the long-range development and management plans to provide for the optimum use and enjoyment of the living forest, as provided in Section 4660, as well as the protection of its quality and the watershed within the Santa Cruz area. The advisory committee shall approve the general plan prior to adoption by the department. (Amended by Stats. 2004, Ch. 153, Sec. 4. Effective January 1, 2005.)
  167. 4664.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. )

    Verify source ↗

    The department’s duties and authority under this article arise only if the state acquires the property that makes up the Soquel Demonstration State Forest.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 9. State Forest [4631 - 4664] ( Chapter 9 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Soquel Demonstration State Forest [4660 - 4664] ( Article 4 added by Stats. 1987, Ch. 1338, Sec. 1. ) ## 4664. The duties and authority of the department pursuant to this article shall only arise if the state acquires the property comprising the Soquel Demonstration State Forest. (Added by Stats. 1987, Ch. 1338, Sec. 1.)
  168. 4671.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may develop, use, and protect the state’s forest and wild land resources, and may enter agreements and spend money for that purpose.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4671. The department may, in accordance with the policy of the board, engage in and demonstrate methods of developing, using, and protecting the forest and wild land resources of the state. To accomplish such purpose, it may, with the approval of the Department of Finance, enter into agreements with any agency of government, including the federal government, and with any person, firm, or corporation and may make expenditures for such purpose. (Amended by Stats. 1976, Ch. 1300.)
  169. 4672.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may survey soil, vegetation, and forest products on state forest, range, and watershed lands, and may enter agreements for cooperative surveys with approval from the Department of Finance.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4672. The department may, in accordance with the policy of the board, engage in surveys of soil, vegetation, and forest products on the forest, range, and watershed lands of the state. The department may, with the approval of the Department of Finance, enter into agreements with any agency of government, including the University of California and the federal government, and with any person, firm or corporation, for the purpose of engaging in cooperative soil, vegetation, and forest surveys and may make expenditures for such purposes. (Amended by Stats. 1976, Ch. 1300.)
  170. 4673.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may enter into an agreement with a federal agency, but only with the approval of the Director of General Services.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4673. The department, with the approval of the Director of General Services, may enter into an agreement with any federal agency for the purpose of investigating the effect of forest cover in the conservation of water and the prevention of erosion on watershed areas. (Amended by Stats. 1976, Ch. 1300.)
  171. 4674.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may enter into cooperative agreements with counties, cities, or districts for forest protection, forest management, reforestation, or afforestation, but only with approval from the Department of General Services and on terms the director considers wise.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4674. The department may, with the approval of the Department of General Services, enter into a cooperative agreement, upon the terms and under the conditions as the director deems wise, for either of the following purposes, with any county, city, or district that makes an appropriation for any such purpose: (a) The protection and forest management of any lands over which the county, city, or district has jurisdiction. (b) The reforestation or afforestation on lands within the county, city, or district. (Amended by Stats. 2021, Ch. 133, Sec. 91. (SB 272) Effective July 23, 2021.)
  172. 4675.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may study watershed lands, make plans, do related work, and, with approval, contract for authorized purposes.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4675. It is in the public interest and to the benefit of the state that watershed lands are rehabilitated to conserve water and soil and to prevent destructive floods. In furtherance of this policy, the department may conduct surveys and studies, formulate plans, and perform all acts incidental to establishing and maintaining vegetative cover on watershed lands and maintaining watercourse channels free of natural impediments or destructive materials during peak flood flows, including any work necessary to accomplish these purposes. With the approval of the Director of General Services, the department may enter into contracts with any federal agency or any person, as defined in Section 4101, for any purpose authorized by this section. The department, or any federal agency or person which has entered into a contract with the department for any purpose authorized by this section, may, in accomplishing the purpose, enter upon, perform required work upon, and inspect any lands. (Repealed and added by Stats. 1985, Ch. 350, Sec. 2.)
  173. 4676.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The director may authorize emergency work for certain forest-land conditions and may seek help from federal agencies or persons, but must notify the Director of Fish and Game before starting work; state funds for that emergency work are limited to state responsibility areas, and mixed-area contracts must share costs proportionately.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Cooperative Agreements [4671 - 4676] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4676. (a) The director may authorize any work for any purpose authorized by Section 4675 as an exercise of the director’s emergency powers and may request the assistance of any federal agency or person in connection with that work if any of the following conditions exist: (1) Natural vegetative cover has been denuded to the extent that precipitation may create floods and serious soil depletion and erosion. (2) The denuded area is of a size, and the topography and soil characteristics of such a nature, that soil loss and floods will have a significant effect upon watershed values and the public health, safety, or welfare. (3) Vegetative cover will not be restored by natural means in time to effectively prevent undue erosion and flood runoff. (4) Woody plants and debris within or adjacent to the watercourse channels in or directly downstream from the denuded areas will significantly impede flood runoff or accelerate channel scour. Prior to commencing any work in response to this condition, the director shall advise the Director of Fish and Game of the proposed work. (b) The expenditure of state funds for emergency work authorized under subdivision (a) shall be limited to lands classified as a state responsibility area pursuant to Article 3 (commencing with Section 4125) of Chapter 1. Any contract for emergency work affecting both a state responsibility area and nonclassified lands shall require that the cost of the work be shared proportionately between the department and the other responsible federal agency or person, as defined in Section 4101. (Amended by Stats. 1985, Ch. 350, Sec. 3.)
  174. 4681.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    State nurseries must be maintained under the department’s management, and the department must take necessary steps to make seedlings fit planting sites and maintain species diversity.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4681. State nurseries shall be maintained under the management of the department for all of the following purposes: (a) Operation of a state seed bank to provide facilities for the processing and storage of adequate supplies of high-quality seed necessary to protect the genetic integrity and diversity of forest tree and plant species, giving emphasis to those native species threatened with extinction. (b) Reforestation of public and private lands, giving preference to forest land which has been substantially damaged by fire, flood, insects, disease, or other natural causes. (c) Production for sale of tree seedlings planted for purposes of meeting resource conservation standards required pursuant to Section 4561 and the rules and regulations of the board. For this purpose, the department shall take whatever steps are necessary to ensure to the maximum degree feasible that the seedlings are adapted to the planting site, and represent an appropriate diversity of forest species. (d) Propagation and distribution of tree seedlings of the species Taxus brevifolia (Pacific yew) for research related to taxol in the treatment of cancer. (Amended by Stats. 1992, Ch. 756, Sec. 10. Effective January 1, 1993.)
  175. 4682.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must build and maintain the facilities, improvements, and equipment needed for this article, and must hire and set pay for needed employees.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4682. The department shall construct and maintain such buildings, improvements, and equipment, and shall employ and fix the compensation of such employees as may be necessary to carry out this article. (Amended by Stats. 1976, Ch. 1300.)
  176. 4683.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may buy and distribute nursery stock and seed for listed forestry, conservation, research, and private-land production purposes.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4683. The department may purchase nursery stock and seed, and may distribute stock or seed for the following purposes: (a) Public planting or reforestation of public lands, giving emphasis to forest and watershed land which has been substantially damaged by fire, flood, insects, disease, or other natural causes. (b) Restoration of native tree and plant species threatened with extinction. (c) Establishment of experimental plantations of Taxus brevifolia (Pacific yew) for the purpose of research related to taxol in the treatment of cancer. (d) Soil erosion control, watershed protection, or farm windbreaks. (e) The production of forest products and farm woodlot products on private lands. (Amended by Stats. 1992, Ch. 756, Sec. 11. Effective January 1, 1993.)
  177. 4684.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Items sold under this article must be sold at prices set by the department and approved by the board.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4684. Trees, plants, nursery stock, and seeds which are sold pursuant to this article shall be sold at prices that are established by the department and approved by the board. (Amended by Stats. 1976, Ch. 1300.)
  178. 4684.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The director may give surplus forest seedlings or native plants to private persons or nonprofits for reforestation or soil erosion control, and requesters must provide information the director requires.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4684.5. Notwithstanding Section 4684, the director may give such forest seedlings or native plants for the purposes of reforestation or soil erosion control at the end of each season’s sales as are, in his determination, surplus, to private persons or nonprofit organizations for planting on state, federal, or other public property. Any person or nonprofit organization requesting such surplus forest seedlings or native plants shall provide such information as the director determines is necessary to insure that the forest seedlings or native plants will be planted on public property and that they are sufficiently compatible with the proposed planting area to have a reasonable chance for survival. (Amended by Stats. 1976, Ch. 1300.)
  179. 4685.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The Governor may accept qualifying property, donations, equipment, and supplies for state nursery purposes on behalf of the state.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. State Nurseries [4681 - 4685] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4685. The Governor, on behalf of the state, may receive all conveyances or donations of real or personal property necessary to vest in the state the title to any site for a state nursery and to any equipment and supplies that are donated for a state nursery. (Added by Stats. 1965, Ch. 1144.)
  180. 4691.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The section says California should keep forest lands productive and determine workable ways to reforest nonproducing forest lands.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4691. It is hereby declared to be in the interest of the welfare of the people of this state that the need for wood, lumber, poles, piling, wood pulp and other forest products, augmented by the growth of population, requires all forest lands to be kept in a fully productive condition. It is further declared that there are within the state more than two million acres of burned and cutover lands not now contributing adequately to the growth of forest crops nor to the economy of the state. It is further declared to be in the interest of the people of California that the state determine feasible means and methods for reforesting nonproducing forest lands to the end that all forest lands will be eventually brought up to their maximum growth capacity. (Added by Stats. 1965, Ch. 1144.)
  181. 4692.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may survey and prepare maps showing areas of nonrestocking forest lands.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4692. The department may make surveys and prepare maps setting forth the areas of nonrestocking forest lands. (Amended by Stats. 1976, Ch. 1300.)
  182. 4693.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may conduct reforestation experiments and studies on state land or private land made available through cooperative agreements.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4693. The department may undertake experiments and studies, on lands owned by the state or made available by private owners through cooperative agreements pertinent to determining costs and feasible methods of reforestation by planting, seeding, release of natural seedlings from competing brush, or other procedure deemed promising of the desired results, and involving also brush removal and control, soil preparation and control of rodents or other destructive organisms. (Amended by Stats. 1976, Ch. 1300.)
  183. 4694.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Experiments and studies must be conducted with the advice and cooperation of the University of California School of Forestry.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4694. Experimentation and studies shall be conducted with the advice and cooperation of the University of California School of Forestry. (Amended by Stats. 1993, Ch. 56, Sec. 34. Effective January 1, 1994.)
  184. 4695.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may collect needed seed, expand state nursery capacity, buy equipment, and hire personnel to carry out this article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Reforestation Studies and Plans [4691 - 4695] ( Article 3 added by Stats. 1965, Ch. 1144. ) ## 4695. The department may collect the additional seed required, increase the capacity of state nurseries, purchase the necessary equipment and employ the necessary personnel to effectuate the purposes of this article. (Amended by Stats. 1976, Ch. 1300.)
  185. 47000.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The Legislature says the public should have practical, consistent information about hazardous substances, related products, and how to dispose of them properly.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47000. The Legislature finds and declares that, because hazardous substances are an integral part of daily life, it would benefit the public to have access to practical and consistent information concerning chemicals in daily life, products which contain hazardous substances, and proper procedures for the disposal of hazardous substances. This information would improve the ability of all Californians to assist in protecting the state’s natural resources from environmental degradation. (Repealed and added by Stats. 1990, Ch. 35, Sec. 44. Effective March 30, 1990.)
  186. 47001.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section says household disposal of hazardous substances can injure sanitation workers, the public, and animals, and can harm the environment.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47001. The Legislature also finds that the disposal of hazardous substances by households can be injurious to sanitation workers, the general public, and wildlife and domestic animals, and can pose a threat to the environment. (Repealed and added by Stats. 1990, Ch. 35, Sec. 46. Effective March 30, 1990.)
  187. 47002.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section says households in the state should have reasonable access to legal, convenient, and environmentally safe ways to dispose of hazardous substances found in or around homes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47002. The Legislature further finds and declares that each household in the state should have reasonable access to legal, convenient, and environmentally safe methods for the disposal of hazardous substances commonly found in and around homes. (Repealed and added by Stats. 1990, Ch. 35, Sec. 48. Effective March 30, 1990.)
  188. 47003.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The Legislature states that the state should help local governments and other agencies provide safer disposal methods for household hazardous waste and public information on proper disposal of hazardous substances found in and around homes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47003. The Legislature, therefore, declares that the state should assist the efforts of local governments and other agencies to provide safer disposal methods for household hazardous waste and to provide public information on the proper disposal of hazardous substances commonly found in and around homes. (Repealed and added by Stats. 1990, Ch. 35, Sec. 50. Effective March 30, 1990.)
  189. 47004.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines “hazardous waste” and “hazardous substance” for this chapter by linking each term to another Health and Safety Code section.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 1. Legislative Findings and Definitions [47000 - 47004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47004. For purposes of this chapter, “hazardous waste” has the same meaning as defined in Section 25117 of the Health and Safety Code, and “hazardous substance” has the same meaning as defined in subdivision (a) of Section 78075 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 258, Sec. 120. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  190. 4701.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Gifts of Land and Contributions [4701 - 4703] ( Article 4 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The director may accept suitable land gifts and receive contributions for forestry-related purposes if the board recommends it.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Gifts of Land and Contributions [4701 - 4703] ( Article 4 added by Stats. 1965, Ch. 1144. ) ## 4701. The director, upon the recommendation of the board, may accept on behalf of the state gifts of land suitable for forestry purposes or suitable for the purposes of reforestation or afforestation, and may receive contributions from any source for the purchase, or the care and maintenance, of such land. The recommendation of the board shall be made by resolution duly adopted at a regular meeting. (Repealed and added by Stats. 1965, Ch. 1144.)
  191. 4702.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Gifts of Land and Contributions [4701 - 4703] ( Article 4 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The board may attach conditions or restrictions to accepting land or contributions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Gifts of Land and Contributions [4701 - 4703] ( Article 4 added by Stats. 1965, Ch. 1144. ) ## 4702. The acceptance of the land or contributions shall be subject to such conditions or restrictions as the board deems advisable. Any conditions or restrictions required by the board shall be clearly set forth in the resolution of the board which recommends acceptance of the land or contributions and in the instruments of conveyance. (Repealed and added by Stats. 1965, Ch. 1144.)
  192. 4703.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Gifts of Land and Contributions [4701 - 4703] ( Article 4 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Before accepting land conveyance, the director must have the title examined and cannot accept it unless the title is good and merchantable, free of taxes, liens, and other financial encumbrances, and vested in the grantor or donor; the Attorney General must pass upon and approve the title.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Gifts of Land and Contributions [4701 - 4703] ( Article 4 added by Stats. 1965, Ch. 1144. ) ## 4703. Before accepting conveyance of the land, the director shall have the title examined. The director shall not accept title unless a good and merchantable title free and clear of all taxes, liens, or other financial encumbrances is shown to be vested in the grantor or donor. The title shall be passed upon and approved by the Attorney General. (Amended by Stats. 2021, Ch. 133, Sec. 92. (SB 272) Effective July 23, 2021.)
  193. 47050.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 2. Public Information Program [47050 - 47052] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must develop and implement a public information program, in consultation with the Department of Toxic Substances Control.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 2. Public Information Program [47050 - 47052] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47050. The board shall, in consultation with the Department of Toxic Substances Control, develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. The program may include information, consistent with product labeling, on the proper use and storage of products which contain hazardous substances and on safer substitutes for products which contain hazardous substances. (Amended by Stats. 1992, Ch. 1346, Sec. 6. Effective January 1, 1993.)
  194. 47051.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 2. Public Information Program [47050 - 47052] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The public information program is meant to give uniform answers to public questions about household hazardous substances and help counties and local agencies run household hazardous waste collection, recycling, and disposal programs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 2. Public Information Program [47050 - 47052] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47051. The public information program shall be designed to provide uniform responses to public inquiries about household hazardous substances, and to assist the efforts of counties required to provide household hazardous waste collection, recycling, and disposal programs pursuant to Sections 47100 and 47101, and local agencies authorized to provide these programs. (Repealed and added by Stats. 1990, Ch. 35, Sec. 55. Effective March 30, 1990.)
  195. 47052.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 2. Public Information Program [47050 - 47052] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The public information program must include pamphlets or other written materials for local agencies to use with household hazardous waste collection or similar programs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 2. Public Information Program [47050 - 47052] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47052. The public information program shall include the development of pamphlets or other written materials which could be used by local agencies in conjunction with household hazardous waste collection or other programs which these agencies may or are required to offer. The written materials shall be prepared with the intent of promoting consistency in how these local programs define and handle household hazardous wastes. (Repealed and added by Stats. 1990, Ch. 35, Sec. 57. Effective March 30, 1990.)
  196. 47100.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    After the countywide plan is revised and approved, the county must implement the household hazardous waste program for unincorporated areas, and cities or other local agencies must implement the part for incorporated areas.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47100. After a countywide integrated waste management plan has been revised pursuant to Section 41770, and the revision has been approved pursuant to Sections 41760 and 41800, the county shall implement that portion of the household hazardous waste collection, recycling, and disposal program identified in the plan which serves the population of the unincorporated area of the county, and the cities or other appropriate local agencies within the county shall implement, for their respective jurisdictions, that portion of the household hazardous waste collection, recycling, and disposal program identified in the plan which serves the population of the incorporated area of the county. (Amended by Stats. 1992, Ch. 1346, Sec. 7. Effective January 1, 1993.)
  197. 47101.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Section 47100 does not stop a city or county from jointly running the household hazardous waste collection, recycling, and disposal program, and another local agency may run the program in the county if the local agencies agree.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47101. Section 47100 does not prohibit a city or county from jointly implementing the household hazardous waste collection, recycling, and disposal program, or another local agency from implementing the program in the county pursuant to the mutual agreement of the local agencies involved in implementing the program. (Added by Stats. 1990, Ch. 35, Sec. 61. Effective March 30, 1990.)
  198. 47102.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must designate a household hazardous waste coordinator.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47102. The board shall designate a household hazardous waste coordinator to advise and assist local governments and other agencies which offer programs for household hazardous waste management. (Added by renumbering Section 47100 by Stats. 1990, Ch. 35, Sec. 58. Effective March 30, 1990.)
  199. 47103.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must provide technical assistance to local governments and other agencies that establish household hazardous waste management programs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47103. The board shall provide technical assistance to local governments and other agencies which establish household hazardous waste management programs. (Added by renumbering Section 47101 by Stats. 1990, Ch. 35, Sec. 60. Effective March 30, 1990.)
  200. 47104.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must prepare guidelines and a state policy for local agencies’ household hazardous waste programs, after consulting the Department of Toxic Substances Control.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47104. The board shall prepare, in consultation with the Department of Toxic Substances Control, guidelines and a state policy to guide the efforts of local agencies to provide household hazardous waste collection, recycling, and disposal programs pursuant to this article. The guidelines required by this section shall allow adequate flexibility to local agencies in meeting their individual needs, to the extent that the local agency’s program does not conflict with the state policy prepared pursuant to this subdivision. (Amended by Stats. 1992, Ch. 1346, Sec. 8. Effective January 1, 1993.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.