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§ 898.1. Review of Plan by Director.

14 CA ADC § 898.1BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 1.5. Department of Forestry and Fire Protection
Chapter 4. Forest Practices
Subchapter 2. Application of Forest Practice Rules
Article 2. Preparation and Review of Timber Harvesting Plans
14 CCR § 898.1
§ 898.1. Review of Plan by Director.
The Director shall review Plans to determine if they are in conformance with the provisions of PRC § 4582.75 which requires that Rules adopted by the Board shall be the only criteria employed by the Director in reviewing Plans pursuant to PRC § 4582.7.
(a) In reviewing Plans, the Director shall apply all applicable Rules promulgated by the Board.
(b) When in doubt as to the Feasible alternative which best carries out the intent of the Act, the Director shall seek the advice of other state agencies charged with protecting the public interest in forest-related resources.
(c) In reviewing Plans, the Director shall disapprove all Plans which:
(1) Do not incorporate Feasible Silvicultural Systems, operating methods and procedures that will substantially lessen significant adverse impacts on the environment.
(2) Would not meet the requirements of individual Rules which provide a range of Feasible alternatives through which to carry out the intent of the Act.
(3) Meet the special conditions for disapproval set by the Board in 14 CCR § 898.2.
(d) In reviewing Plans, if the Director finds that a Plan cannot be approved without a change in the conduct of Timber Operations, the Director shall, consistent with the Rules and procedures adopted by the Board, communicate with the preparer of the Plan, explain any probable causes for disapproval and suggest possible mitigation measures. The preparer of the Plan shall then have the opportunity to respond to the Director and provide appropriate mitigation measures prior to the end of the public comment period.
(e) If the Director disapproves a Plan, the Director shall, consistent with the Rules and procedures adopted by the Board, provide to the preparer of the Plan written reasons for disapproval.
(f) If the Director finds no Feasible, less damaging alternatives that conform with the Rules, the Director shall approve such Plan unless approval threatens to cause immediate, significant, and long-term Harm to the natural resources of the state. In the event of such a threat, the Director shall withhold decision on the Plan and shall follow procedures developed by the Board pursuant to PRC § 4555.
(g) If the Director determines that (1) all Feasible mitigation measures or alternatives which are available to substantially reduce or avoid any significant adverse impacts of a THP have been selected; (2) significant adverse impacts remain; (3) the Plan otherwise complies with the Rules of the Board; and (4) an Emergency situation does not exist under PRC § 4555, the Director shall not approve the Plan unless the Director also determines that the benefits of the THP outweigh any significant, unavoidable adverse impacts. If the Director makes such a determination and approves the THP, the Notice of Conformance shall include an explanation of the basis for finding that the conditions 1-3 herein are met and for determining that the THP's benefits outweigh any unavoidable significant adverse impacts.
In making such a determination for THPs on lands zoned TPZ the Director shall give consideration to the Legislature's objectives in enacting the Timberland Productivity Act of 1982 (“TPA”) and the objectives of the FPA including sustained forest productivity. The TPA-associated benefits to be weighed against any significant unavoidable adverse impacts shall include, but not be limited to:
(1) ensuring consistency with the restriction of the Use of TPZ lands to growing and harvesting timber and Compatible Uses;
(2) making cumulative progress toward (a) realizing the productive potential of the forest resources of the state and (b) providing a favorable climate for long-term investment in forest resources, thereby discouraging the premature and unnecessary conversion of Timberland to urban and other uses; and
(3) ensuring consistency with the Legislature's declaration that Timber Operations may reasonably be expected to and will occur on lands zoned TPZ.
(h) In determining whether the public benefits of the THP outweigh any unavoidable significant adverse impacts pursuant to (g) above, the Director may request information as needed to evaluate potential job loss, negative economic impacts on the community, business closings, loss of property by owners, probable conversion to other uses, estate taxes and other factors as appropriate.
Note: Authority cited: Section 4582, Public Resources Code. Reference: Sections 4555, 4582.7 and 4582.75, Public Resources Code; Sections 51101, 51102 and 51115.1, Government Code; Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82 and Joy Road Area Forest and Watershed Association, v. California Department of Forestry & Fire Protection, Sonoma County Superior Court No. SCV 229850.
HISTORY
1. Amendment of subsections (a) and (c) filed 3-9-78 as an emergency; effective upon filing (Register 78, No. 10).
2. Certificate of Compliance filed 5-10-78 (Register 78, No. 19).
3. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
4. Amendment of subsection (c)(1) filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
5. Repealer of subsection (f) filed 2-19-88 as an emergency; operative 2-19-88 (Register 88, No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-20-88.
6. Editorial correction of Register year in HISTORY 5. (Register 91, No. 41).
7. Reinstatement of subsection (f) as it existed prior to emergency repeal filed 2-19-88 by operation of Government Code section 11346.1(f) effective 6-20-88 (Register 91, No. 41).
8. New subsections (g)-(g)(3) and Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
9. New subsection (h) filed 11-25-91 as an emergency; operative 11-25-91. (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 3-24-92 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-25-91 order transmitted to OAL 2-20-92 and filed 4-2-92; operative 5-4-92 (Register 92, No. 26).
11. Editorial correction of subsection (h) (Register 92, No. 26).
12. Amendment of subsection (d) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
13. Amendment of subsection (d) and Note filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).
14. Amendment of subsection (d) and Note filed 1-5-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 1).
15. Change without regulatory effect amending section filed 7-26-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 30).
This database is current through 1/14/22 Register 2022, No. 2
14 CCR § 898.1, 14 CA ADC § 898.1
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