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§ 1574. Conservation Easement Terms and Conditions.

14 CA ADC § 1574Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 1.5. Department of Forestry and Fire Protection (Refs & Annos)
Chapter 9.9. Forest Legacy Program
Article 5. Conservation Easements
14 CCR § 1574
§ 1574. Conservation Easement Terms and Conditions.
Currentness
(a) Recreation projects that perpetually prohibit timber harvest and or grazing are limited to not more than 15% of the timberland and not more than 15% of the grazing land respectively.
(b) Perpetual protections that prohibit timber harvesting are limited to not more than 15% of the property.
(c) Perpetual forest management prescriptions on all of the timberland on the property, except that timberland preserved pursuant to (a) or (b) above, will provide for the long term optimization of MSP.
(d) Perpetual forest management prescriptions that provide for the long term optimization of MSP shall also contribute to the long term protection and rehabilitation of watershed function, hydrologic stability and wildlife habitat.
(e) Perpetual protections shall include the prohibition of the building of structures and roads in any capacity other than for the potential purposes of:
(1) Owner and on-property management & labor housing.
(2) Open-space based commercial recreation.
(3) Production, processing or value added manufacturing of forest or rangeland derived products produced on the property.
(4) The generation or capture of energy from wind, solar, or hydroelectric.
(5) Placement of cell phone towers.
(6) The Director may place restrictions, such as to size and location, for any or all of the purposes described in (1) through (5) above and may require the grantor to seek grantee's prior written approval. When such written approval is required, grantee shall consider the cumulative impact of all structures and improvements, and shall not approve such structures or improvements that cumulatively violate the conservation purpose or materially impair the conservation values.
(f) Perpetual protections shall include the prohibition of the severance of property rights on the property in any capacity other than for the potential purposes of:
(1) Property line (lot line) adjustments with contiguous owners of conservation easement property meeting these criteria herein, and with the express approval of the Conservation Easement trustees of both properties.
(2) Egress and regress right-of-way may be granted to in-holders or landlocked landowners, where the granting of such rights will constitute a contribution to the conservation values of the region.
(g) The Director may require the Department of Forestry and Fire Protection to hold title (be named grantee) to those conservation easements that are primarily for the purposes of conserving working forest lands.

Credits

Note: Authority cited: Section 12249, Public Resources Code. Reference: Section 12249, Public Resources Code; and 16 U.S.C. Section 2103 et seq.
History
1. New article 5 (section 1574) and section filed 4-29-2011; operative 4-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 17).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 1574, 14 CA ADC § 1574
End of Document