§ 1038. Exemption.
14 CA ADC § 1038Barclays Official California Code of Regulations
14 CCR § 1038
§ 1038. Exemption.
Timber Operations conducted pursuant to this section are exempt from the Plan preparation and submission requirements (PRC § 4581) and from the completion report and Stocking report requirements (PRC §§ 4585 and 4587) of the FPA. Timber Operations conducted under any notice of exemption described herein shall be limited to one (1) year from the date of receipt by the Director, and shall comply with all operational provisions of the FPA and District Forest Practices Rules applicable to “Timber Harvest Plan”, “THP”, and “Plan” definitions per 14 CCR § 895.1. In-lieu practices within WLPZs as specified under Article 6 of these Rules, exceptions to the Rules, and alternative practices are not allowed. The following types of Timber Operations are exempt:
(c) The cutting or removal of trees in compliance with PRC §§ 4290 and 4291, which eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuelbreak to reduce fire spread, duration and intensity. The requirements of this subsection shall not supersede the requirements of PRC § 4291.
(3) All surface fuels created by Timber Operations, within one-hundred-fifty (150) feet of an Approved and Legally Permitted Structure, that could promote the spread of wildfire, including Slash or Woody Debris, exceeding one (1) inch in diameter, and brush, shall be chipped, burned, or removed within forty-five (45) days from the start of Timber Operations.
(4) In addition to the surface fuel treatment described in 14 CCR § 1038(c)(3), the Harvest Area must meet the vegetation treatment standards in PRC § 4584(i)(1) to (2)(A) illustrated in Board Technical Rule Addendum No.4 within one (1) year from the receipt of issuance of notice of acceptance. This paragraph does not apply to 14 CCR § 1038(c)(6).
(5) Timber Operations conducted under this subsection shall conform to the applicable city or county general plans, city or county implementing ordinances, and city or county zoning ordinances within which the notice of exemption is located. The LTO, timberland owner, or if applicable the RPF, shall certify that the city or county has been contacted and the notice of exemption conforms with all city or county regulatory requirements.
(6) Trees that are located from one-hundred-fifty (150) feet up to three-hundred (300) feet from any point of an Approved and Legally Permitted Habitable Structure that complies with the California Building Standards Code may also be cut and removed for the purpose of reducing flammable materials and maintaining a fuelbreak provided the following conditions are met:
(C) All Slash shall be lopped, removed, chipped, piled and burned, or otherwise treated to achieve a maximum post-harvest depth of eighteen (18) inches above the ground within forty-five (45) days from the start of Timber Operations except for the burning of piles, which shall be accomplished not later than April 1 of the year following their creation, or for piles created on or after September 1, not later than April 1 of the second year following creation. Treatment of surface fuels by burning shall be exempt from the one-year time limitations on Timber Operations described under 14 CCR § 1038.
(B) Trees with fifty (50) percent or more of the foliage-bearing crown that is dead or fading in color from a normal green to yellow, sorrel, or brown, excluding normal autumn coloration changes, or with evidence of successful bark beetle attacks, through indications of dead cambium and brood development distributed around the circumference of the bole, or;
(f) The cutting or removal of trees 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 Fuelbreak. An exemption pursuant to this subdivision shall be known as the Small Timberland Owner Exemption. The cutting or removal of trees in compliance with this subdivision shall be subject to all of the following conditions:
(2) The RPF shall, upon submission of the notice of exemption, include a description of the pre-harvest stand structure and a statement of the minimum expected post-harvest stand Stocking levels. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the pre-harvest stand, well distributed throughout the Harvest Area. Minimum post-harvest stocking standards shall be achieved through Unevenaged Management, excluding group selection, and shall be as follows:
(6) The post-harvest tree species composition shall be representative of the pre-harvest stand condition and demonstrate progression towards climax forest conditions, unless the RPF provides a justification, submitted with the notice of exemption, explaining how modification of the tree species diversity will benefit forest health and resiliency.
(7) Vertical spacing in the Harvest Area shall be achieved by treating dead fuels, excluding dead branches on the trees retained for Stocking, to a minimum clearance distance of eight (8) feet measured from the base of the live crown of the post-harvest Dominants and Codominants to the top of the dead surface or ladder fuels, whichever is taller.
(10) Timber Operations conducted under a notice of exemption pursuant this subdivision shall only occur once over a ten (10) year period on any given acre. During this ten (10) year period, the Director shall not approve a Plan that allows for an even-aged silvicultural prescription(s), or an RPF shall not submit a notice of exemption pursuant to 14 CCR § 1038.4, for acres where Timber Operations occurred under a notice of exemption pursuant to this subsection.
(g) Harvesting trees which are dead or Dying Trees as a result of wildfire within three-hundred (300) feet from any point of an Approved and Legally Permitted Structure or an Approved and Legally Permitted Structure that was damaged or destroyed by wildfire. The provisions of a notice of exemption submitted pursuant to this subsection supersede the provisions of any other notices of exemption that are submitted in the same Harvest Area. The following conditions apply:
(A) Timber Operations are consistent with, and within the geographic scope of, an existing valid and effective gubernatorial proclamation of a state of emergency or executive order. If the proposed Timber Operations are consistent with, and within the geographic scope of such a proclamation or order, the timberland owner shall submit a copy of the valid and effective gubernatorial proclamation of a state of emergency or executive order with the notice of exemption described within 14 CCR § 1038.1; or
(B) Timber Operations are necessary to remove trees which are dead or Dying Trees as a result of a wildfire which occurred no more than three (3) years prior to the submission of a notice of exemption as described within 14 CCR § 1038.1, but such Timber Operations are not consistent with, or within the geographic scope of, an existing valid and effective gubernatorial proclamation of a state of emergency or executive order. In such an instance, the timberland owner shall submit, to the Director, certification by an RPF that all trees proposed for harvest are dead or Dying Trees as a result of such a wildfire. This certification shall be included with the submitted notice of exemption as described within 14 CCR § 1038.1.
(3) Timber Operations conducted under this subsection shall conform to applicable city or county general plans, city or county implementing ordinances, and city or county zoning ordinances within which the Harvest Area is located. The Timber Operator or timberland owner shall certify that the city or county has been contacted and the Timber Operations conducted under the notice of exemption conforms with all city or county regulatory requirements.
(4) All Slash and Woody Debris greater than one (1) inch but less than eight (8) inches in diameter within one-hundred-fifty (150) feet of an Approved and Legally Permitted Structure or an Approved and Legally Permitted Structure that was damaged or destroyed by wildfire shall be removed, chipped, or piled and burned.
(5) All Slash created between one-hundred-fifty (150) feet and three-hundred (300) feet of an Approved and Legally Permitted Structure or an Approved and Legally Permitted Structure that was damaged or destroyed by wildfire shall be treated by Lopping For Fire Hazard Reduction, removed, chipped, or piled and burned within forty-five (45) days from the start of Timber Operations; except for the burning of piles, which shall be accomplished not later than April 1 of the year following their creation; or for piles created on or after September 1, not later than April 1 of the second year following creation.
Credits
Note: Authority cited: Sections 4551, 4553, 4584 and 4584.1, Public Resources Code. Reference: Sections 4290, 4291, 4516, 4527, 4584, 4584.1 and 4597, Public Resources Code; and EPIC v. California Department of Forestry and Fire Protection and Board of Forestry (1996) 43 Cal. App.4th 1011.
History
1. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
2. Amendment of subsection (b) filed 10-3-88; operative 11-2-88 (Register 88, No. 41).
3. New subsection (d) filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
4. New subsection (e) filed 4-5-93; operative 4-5-93 (Register 93, No. 15).
5. Change without regulatory effect amending subsection (e) filed 4-16-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 16).
6. Subsection (d) repealed by operation of Government Code section 11346.1 (Register 94, No. 20).
7. New subsection (d) filed 10-20-94 as an emergency; operative 10-20-94 (Register 94, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-17-95 or emergency language will be repealed by operation of law on the following day.
8. New subsection (d) including amendment of Note refiled 2-15-95 as an emergency; operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-95 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to emergency amendment filed 6-16-95 by operation of Government Code section 11346.1(f) (Register 95, No. 31).
10. Amendment of subsections (b)(3) and (e) and new subsections (d)-(d)(5)(C) filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
11. New subsection (f) filed 12-28-95; operative 12-28-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 52).
12. Amendment of subsection (f)(13) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
13. Amendment of subsection (b)(10) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
14. Change without regulatory effect amending subsection (d)(1) filed 9-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 39).
15. Amendment of subsections (f) and (f)(12) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
16. Amendment of section and Note filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).
17. Amendment of subsection (f)(15) filed 11-29-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
18. New subsection (g) filed 2-21-2001 as an emergency; operative 2-21-2001 (Register 2001, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-2001 or emergency language will be repealed by operation of law on the following day.
19. New subsection (g) refiled 6-18-2001 as an emergency, including further amendments; operative 6-18-2001 (Register 2001, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-16-2001 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 6-18-2001 order, including further amendment of subsections (d) and (g), transmitted to OAL 8-24-2001 and filed 9-25-2001 (Register 2001, No. 39). Pursuant to Public Resources Code section 4551.5, the emergency regulation is repealed effective 9-25-2001; regulatory language adopted in the Certificate of Compliance is operative 1-1-2002.
21. Amendment of first paragraph and new subsections (h)-(h)(2)(C) filed 11-16-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 46).
22. Repealer of subsection (f)(15) filed 11-21-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 47).
23. Amendment of subsection (e) and new subsections (i)-(i)(14) filed 1-7-2005 as an emergency; operative 1-7-2005 (Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-9-2005 or emergency language will be repealed by operation of law on the following day.
24. Amendment of subsection (e) and new subsections (i)-(i)(14) refiled 4-25-2005 as an emergency, including amendment of Form RM-73 (1038i) (incorporated by reference) and subsection (i)(3); operative 5-10-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 9-7-2005 or emergency language will be repealed by operation of law on the following day.
25. Amendment of first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and Note filed 6-21-2005 as an emergency; operative 6-21-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-19-2005 or emergency language will be repealed by operation of law on the following day.
26. Amendment of first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and Note refiled 10-13-2005 as an emergency; operative 10-13-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-10-2006 or emergency language will be repealed by operation of law on the following day.
27. Reinstatement of section as it existed prior to 4-25-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 45).
28. Amendment of subsection (e) and new subsections (i)-(i)(15) filed 11-9-2005; operative 1-1-2006 (Register 2005, No. 45).
29. Amendment of first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and Note refiled 2-10-2006 as an emergency; operative 2-10-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-12-2006 or emergency language will be repealed by operation of law on the following day.
30. Reinstatement of section as it existed prior to 2-10-2006 emergency amendment by operation of Government Code section 11346.21(f) (Register 2006, No. 24).
31. Amendment of first paragraph, subsections (f), (f)(2)-(4), (f)(7), (f)(9) and (f)(12)-(13) and Note refiled 6-16-2006 as an emergency; operative 6-16-2006 (Register 2006, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-16-2006 or emergency language will be repealed by operation of law on the following day.
32. Certificate of Compliance as to 6-16-2006 order transmitted to OAL 9-7-2006 and filed 10-11-2006. Further amendments to emergency language effective 1-1-2007 pursuant to Public Resources Code section 4554.5(a) (Register 2006, No. 41).
33. Amendment of subsections (i)(3), (i)(6) and (i)(8)-(i)(8)(A), repealer of former subsection (i)(10), new subsections (i)(10)(A)-(i)(10)(B)(iii) and amendment of subsections (i)(11), (i)(13) and (i)(15) filed 11-13-2007; operative 1-1-2008 (Register 2007, No. 46).
34. Amendment of subsections (i)(9), (i)(10)(A)-(i)(10)(A)(ii) and (i)(10)(B)-(i)(10)(B)(ii) and new subsection (i)(10)(C) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
35. Change without regulatory effect amending subsection (i)(3) filed 2-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 9).
36. Amendment of subsection (e) and new subsections (j)-(j)(18) filed 11-25-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 48).
37. Change without regulatory effect amending subsections (i), (i)(7) and (i)(10)(B)(i) filed 12-10-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 50).
38. Amendment of subsections (c)-(c)(1) and (c)(3)-(c)(5)(B), new subsections (c)(6)-(c)(6)(F) and amendment of Note filed 6-22-2015 as an emergency; operative 6-22-2015 (Register 2015, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2015 or emergency language will be repealed by operation of law on the following day.
39. New subsections (k)-(k)(8) filed 7-13-2015 as an emergency; operative 7-13-2015 (Register 2015, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-11-2016 or emergency language will be repealed by operation of law on the following day.
40. Certificate of Compliance as to 6-22-2015 order, including new subsection (c)(6)(F), subsection relettering and amendment of Note, transmitted to OAL 10-14-2015 and filed 11-3-2015; amendments operative 1-1-2016 pursuant to Public Resources Code section 4554.5(b) (Register 2015, No. 45).
41. Amendment of subsections (i)(3), (i)(7) and (i)(8)(A), repealer of subsection (i)(15), new subsections (j)(5)(A)-(j)(5)(A)4., subsection relettering, amendment of newly designated subsection (j)(5)(B), redesignation of former subsections (j)(5)(A)(i)-(iv) as new subsections (j)(5)(B)1.-4. and amendment of subsection (j)(7) filed 11-23-2015; operative 1-1-2016 pursuant to Public Resources Code section 4554.5 (Register 2015, No. 48).
42. New subsections (k)-(k)(8) refiled 12-29-2015 as an emergency; operative 1-12-2016 (Register 2016, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-11-2016 or emergency language will be repealed by operation of law on the following day.
43. New subsections (k)-(k)(8) refiled 4-6-2016 as an emergency; operative 4-12-2016 (Register 2016, No. 15). A Certificate of Compliance must be transmitted to OAL by 7-11-2016 or emergency language will be repealed by operation of law on the following day.
44. Certificate of Compliance as to 4-6-2016 order, including amendment of first paragraph, new subsections (k)(4) and (k)(10), subsection renumbering, amendment of subsection (k) and its subsections and amendment of Note transmitted to OAL 6-6-2016 and filed 7-18-2016; amendments effective 7-18-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 30).
45. Change without regulatory effect amending subsections (j)(8) and (j)(15), adopting new subsection (j)(18), renumbering subsections and amending newly designated subsection (j)(19) filed 4-18-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 16).
46. Amendment of subsection (h)(2) and amendment of Note filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
47. Change without regulatory effect amending subsection (j)(4) filed 9-7-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 36).
48. Amendment of subsection (e) and new subsections (l)-(l)(8) filed 11-15-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5 (Register 2017, No. 46).
49. New subsections (m)-(m)(8)(A) and amendment of Note filed 1-25-2018 as an emergency; operative 1-25-2018 (Register 2018, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-24-2018 or emergency language will be repealed by operation of law on the following day.
50. Change without regulatory effect amending subsection (m)(6) filed 2-6-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 6).
51. Change without regulatory effect amending Technical Rule Addendum No. 4 filed 3-27-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 13).
52. New subsections (m)-(m)(8)(A) and amendment of Note refiled 7-5-2018 as an emergency; operative 7-25-2018 (Register 2018, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-23-2018 or emergency language will be repealed by operation of law on the following day.
53. New subsections (m)-(m)(8)(A) and amendment of Note refiled 10-16-2018 as an emergency; operative 10-24-2018 (Register 2018, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-22-2019 or emergency language will be repealed by operation of law on the following day.
54. New subsections (n)-(n)(7)(A) filed 10-29-2018 as an emergency; operative 10-29-2018 (Register 2018, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-29-2019 or emergency language will be repealed by operation of law on the following day.
55. Amendment of section filed 11-13-2018; operative 1-1-2019 pursuant to Public Resources Code section 4554.5 (Register 2018, No. 46).
56. Repeal of 10-24-2018 emergency amendment by operation of Government Code section 11346.1(f) (Register 2019, No. 4).
57. Amendment filed 2-19-2019 as an emergency; operative 2-19-2019 (Register 2019, No. 8). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), this amendment is deemed an emergency and shall remain in effect until revised by the Board of Forestry and Fire Protection.
58. Readoption of 10-29-2018 order filed 3-29-2019 as an emergency; operative 3-29-2019 (Register 2019, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2019 or emergency language will be repealed by operation of law on the following day.
59. Readoption of 3-29-2019 order filed 6-27-2019 as an emergency; operative 6-27-2019 (Register 2019, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-25-2019 or emergency language will be repealed by operation of law on the following day.
60. Readoption of 2-19-2019 order refiled 8-1-2019 as an emergency, including further amendments; operative 8-1-2019 (Register 2019, No. 31). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), the amendment shall remain in effect until revised by the Board of Forestry and Fire Protection.
61. New subsections (g)-(g)(5) filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
62. Change without regulatory effect amending subsection (c)(6)(E) filed 1-10-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 2).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 1038, 14 CA ADC § 1038
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