§ 1104.1. Conversion Exemptions.
14 CA ADC § 1104.1Barclays Official California Code of Regulations
14 CCR § 1104.1
§ 1104.1. Conversion Exemptions.
Timber Operations conducted under this subsection shall be exempt from Conversion Permit and timber harvesting Plan requirements of this article except no tree that existed before 1800 A.D. and is greater than sixty (60) inches in Diameter at stump height for Sierra or Coastal Redwoods, and forty-eight (48) inches in Diameter at stump height for all other tree Species shall be harvested unless done so under the conditions or criteria set forth in subsection 1104.1(i). Timber Operations shall comply with all other applicable provisions of the Z'berg-Nejedly Forest Practice Act, regulations of the Board and currently effective provisions of county general plans, zoning ordinances and any implementing ordinances. The Notice of Conversion Exemption Timber Operations shall be considered synonymous with the term “Plan” as defined in 14 CCR § 895.1 when applying the operational Rules and regulations of the Board.
(a) This conversion exemption is applicable to a conversion of Timberland to a non-timber use only, of less than three acres in one contiguous ownership, whether or not it is a portion of a larger land parcel and shall not be part of a THP. This conversion exemption may only be used once per contiguous land ownership. If all or a portion of the contiguous land ownership has been subject to prior, unpermitted timberland conversion, a conversion exemption hereunder shall not be accepted unless the Director determines that it would be consistent with the purposes of the Act. No Person, whether acting as an individual, acting as a member of a partnership, or acting as an officer or employee of a corporation or other legal entity, may obtain more than one exemption pursuant to this section in a five-year period. If a partnership has as a member, or if a corporation or any 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 or 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 section, means an individual, partnership, corporation, or any other legal entity.
(D) incorporation of a signed and dated statement from the authorized designee of the County Board of Supervisors stating that the conversion is in conformance with all county regulatory requirements, including county public notice requirements. When counties do not have an authorized designee, the RPF shall certify that the county has been contacted and the conversion is in conformance with county regulatory requirements (this may be incorporated into the notice);
4. certifying and declaring under penalty of perjury that he/she whether acting as an individual, acting as a member of a partnership, or acting as an officer or employee of a corporation or other legal entity, has not obtained an exemption pursuant to this section in the last five years unless a waiver has been granted pursuant to § 1104.1(a)(9); and
(B) All conversion activities shall be complete within two years from the date of acceptance by the Director unless under permit by local jurisdiction. Failure to timely complete the conversion shall require compliance with Stocking Standards of PRC § 4561 and Stocking report requirements of Forest Practice Act and Board regulations.
1. Unless otherwise required, Slash greater than one inch in Diameter and greater than two feet long, and Woody Debris, except pine, shall receive full treatment no later than April 1 of the year following its creation, or within one year from the date of acceptance of the conversion exemption by the Director, whichever comes first.
Slash and Woody Debris may not be burned by open outdoor fires except under permit from the appropriate fire protection agency, if required, the local air pollution control district or air quality management district. The burning must occur on the property where the Slash and Woody Debris originated.
7. Slash and Woody Debris, except for pine, which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying by April 1 of the year following its creation. Pine Slash and Woody Debris which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying within seven (7) days of its creation.
All treatment work must be completed prior to the expiration date for the conversion exemption.
1. During dry, rainless periods but shall not be conducted on Saturated Soil Conditions that may produce Significant Sediment Discharge. Erosion Control structures shall be installed on all constructed skid trails and Tractor Roads prior to sunset if the National Weather Service forecast is a “chance” (30% or more) of rain within the next 24 hours.
(G) The Timber Operator shall not conduct Timber Operations until receipt of the Director's notice of acceptance. Timber Operations shall not be conducted without a valid on-site copy of the Director's notice of acceptance of operations and a copy of the Notice of Conversion Exemption Timber Operations as filed with the Director.
(K) Before beginning Timber Operations, the Timber Operator shall notify the Department of the actual commencement date of operations. The notification, by telephone, mail, or email, shall be directed to the appropriate CAL FIRE Unit Headquarters, Forest Practice Inspector or other designated personnel. If the notification is provided by mail, Timber Operations may not commence until three (3) days after the postmark date of notification.
(3) A neighborhood notification of conversion exemption Timber Operations shall be posted on the ownership visible to the public by the RPF or Supervised Designee, at least five (5) days prior to the postmark date of submission of the Notice of Conversion Exemption Timber Operations to the Director. The date of posting shall be shown on the neighborhood notice. In addition, immediately prior to the submission of the exemption to the Director, the landowner shall mail a letter to adjacent landowners within 300 feet of the boundaries of the exemption, and to Native Americans, as defined in 14 CCR § 895.1 notifying them of the intent to harvest timber. The mailed letter of notice and the posted notice shall contain a map of the project area and the following information on a form prepared by the RPF:
3. operations conducted on all exemptions issued to the Timberland owner within the past 5 years, prior to the time the waiver is requested, have been conducted in a manner that meets or exceeds the intent of the Act and Rules or any corrective work required by the Director has been satisfactorily completed.
(B) the change of ownership which caused the previous notice to expire was not the result of the sale of the Timberland and the new Timberland owner provides information demonstrating that the imposition of the 5-year limitation described in 14 CCR § 1104.1(a) would impose an undue hardship on the Timberland owner.
(c) The clearing of trees from Timberland by a private or public utility for construction of gas, water, sewer, oil, electric, and communications (transmitted by wire, television, radio, or microwave) rights-of-way, and for maintenance and repair of the utility and right-of-way. The said right-of-way, however, shall not exceed the width specified in the Table of Normal Rights-of-Way Widths for Single Overhead Facilities and Single Underground facilities and the supplemental allowable widths.
Nothing in this section shall exclude the applicable provisions of PRC §§ 4292 and 4293, and 14 CCR §§ 1250 through 1258 inclusive for fire hazard clearance from being an allowable supplement to the exempt widths.
Utility | Size | Width |
---|
Electric (Overhead | 0-33 KV | 20′ |
Distribution and | 34-100 KV | 45′ | |
transmission | 101-200 KV | 75′ | |
Single Circuits) | (pole) | ||
101-200 KV | 80′ | ||
(tower) | |||
201-300 KV | 125′ | ||
(tower) | |||
301- KV and above | 200′ | ||
(tower) |
Utility | Size | Width |
---|
Telephone cable or open wire when underbuilt | All | 30′ |
Communications (Radio, Television, Telephone and Microwave) | All | 30′ |
Active or passive microwave repeater and/or radio sites | All | 40′ |
Microwave paths emanating from antennas or passive repeaters | All | 20′ from edges of antenna or passive repeater, and following centerline of path. |
Radio and Television antennas | All | 30′ In all directions |
Telephone cable or open wire when underbuilt | All | 30′ |
Utility | Size | Width |
---|
Electric, Underground | 4″-6″ Conduit | 50′ |
More than 6″ Conduit | 60′ |
Gas, Oil, Water and | 6″ diameter or smaller | 50′ |
Sewer (Underground | Over 6″-12″ diameter | 60′ | ||
pipe) | Over 12″-24″ diameter | 75′ | ||
Over 24″ diameter | 100′ |
Penstocks, Syphons | All | 100′ | |
Ditches and Flumes | All | 150′ |
Access Roads | All | Access road widths may be up to 14′ with an additional 10′ width at turnout locations, plus additional width for cuts and fills. Access roads shall be installed and maintained so as to comply with the stream protection requirements and erosion control requirements of the Forest Practice Act, related regulations, and the District Forest Practice Rules. |
(2) an RPF attaches to the exemption an explanation and justification for the removal based on the RPF's finding that one or more of the criteria or conditions listed under subsection (A), (B), or (C) are met. The requirements of (i)(2) need not be met if an approved management document; including but not limited to a HCP, SYP, NTMP, WFMP, or PTEIR; addresses large old tree retention for the area in which the large old tree(s) are proposed for removal and the removal is in compliance with the retention standards of that document. All trees to be harvested pursuant to this subsection shall be marked by an RPF prior to removal.
Credits
Note: Authority cited: Sections 4551, 4553, 4584, 4604, 4611 and 4628, Public Resources Code. Reference: Sections 4512, 4513, 4584, 4597, 4628 and 21083.2(b)(3), Public Resources Code.
History
1. Renumbering and amendment of former Section 1103.2 to Section 1104.1 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Editorial correction of subsection (c) printing error (Register 88, No. 45).
3. Change without regulatory effect filed 6-19-89 (Register 89, No. 28).
4. Amendment of subsections (a), (c), (e) and (g) filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
5. Amendment of subsection (a), new subsection (a)(3) and subsection renumbering and new subsections (a)(4)(G)-(a)(5) filed 7-19-93 as an emergency; operative 7-19-93 (Register 93, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-16-93 or emergency language will be repealed by operation of law on the following day.
6. Order of 7-19-93 repealed by operation of Government Code section 11346.1(e) (Register 94, No. 17).
7. Repealer of first paragraph through subsection (a)(3)(f) and new first paragraph through subsection (a)(5) filed 8-31-94; operative 1-1-95 (Register 94, No. 35).
8. Editorial correction inserting inadvertently omitted History 1-6 (Register 95, No. 35).
9. Amendment of subsection (a)(3) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
10. Editorial correction restoring inadvertently omitted subsections (b)-(g)(4)(B) and correcting History 7 (Register 96, No. 50).
11. Repealer of subsection (a)(2)(D) and new subsections (a)(2)(D)-(a)(2)(D)10. filed 11-24-97; operative 1-1-98 (Register 97, No. 48).
12. Amendment of subsections (a)(1), (a)(1)(A), (a)(1)(D), (a)(1)(F), (a)(2)(C), (a)(2)(J), (a)(3) and (a)(3)(A) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
13. Editorial correction of subsection (a)(2)(D)8. (Register 99, No. 26).
14. 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).
15. Editorial correction of subsection (c) (Register 2001, No. 46).
16. Amendment of first paragraph and new subsections (i)-(i)(2)(C) filed 11-16-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 46).
17. Editorial correction of subsections (a)(1) and (a)(1)(E) (Register 2002, No. 22).
18. Amendment of subsections (a), (a)(1) and (a)(1)(E), new subsections (a)(1)(E)1.-4. and (a)(6)-(9)(D) and amendment of Note filed 5-30-2002; operative 7-1-2002 (Register 2002, No. 22).
19. Amendment of subsection (a)(2)(E)1. filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
20. Amendment of section heading and subsection (a)(2)(E) filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
21. Amendment of subsection (a)(2)(I), new subsections (a)(2)(I)1.-(a)(2)(I)1.b. and amendment of Note filed 11-15-2016; operative 1-1-2017 pursuant to Public Resources Code section 4554.5 (Register 2016, No. 47).
22. Amendment of subsection (i)(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).
23. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
24. Amendment of first paragraph and subsections (a), (a)(2)(D), (a)(2)(D)2. (a)(2)(D)7. and (a)(2)(J), new subsection (a)(2)(K) and amendment of subsections (a)(3), (a)(4), (a)(8)(A)-(B), (a)(8)(C)2.c. and (a)(8)(C)2.e. filed 9-6-2018; operative 1-1-2019 pursuant to Public Resources Code section 4554.5 (Register 2018, No. 36).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 1104.1, 14 CA ADC § 1104.1
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