§ 1052.4. Emergency Notice for Fuel Hazard Reduction.
14 CA ADC § 1052.4Barclays Official California Code of RegulationsEffective: January 1, 2023
Effective: January 1, 2023
14 CCR § 1052.4
§ 1052.4. Emergency Notice for Fuel Hazard Reduction.
The RPF preparing the Notice of Emergency Timber Operations for Fuel Hazard Reduction shall describe the nature of the Emergency and the need for immediate cutting in sufficient detail so that the reason for the Emergency is clear. Emergency Timber Operations, under the presumed Emergency standard of 14 CCR § 1052.1, may be commenced and conducted when in conformance with the following:
(3) All trees that are harvested or all trees that are retained shall be marked or sample marked by, or under the supervision of, an RPF before felling operations begin. When trees are sample marked, the designation prescription for unmarked areas shall be in writing and the sample mark area shall include at least 10% of the Harvest Area to a maximum of twenty (20) acres per stand type which is representative of the range of conditions present in the Harvest Area.
(1) Within one-quarter ( ¼ ) mile from Approved and Legally Permitted Structures that comply with the Building Standards Code (legal structure). Such legal structures shall be within or adjacent to a community listed in the “List of Communities at Risk” (As published April 13, 2019 and hereby incorporated by reference) and have densities greater than one (1) structure per twenty (20) acres; or
(F) Infrastructure including electrical distribution and transmission facilities, water reservoirs or other conveyances, wastewater facilities or conveyances, communication and data transmission and distribution facilities, or other assets or infrastructure at risk with the written concurrence of a Public Fire Agency and determined by the Director to be consistent with the purpose of the Act and Rules.
(A) Only trees less than thirty (30) inches in stump diameter, measured at eight (8) inches above ground level, may be removed except under the following condition: if the goal of fuel reduction cannot be achieved by removing trees less than thirty (30) inches in stump diameter, measured at eight (8) inches above ground level; trees less than thirty-six (36) inches in stump diameter, measured at eight (8) inches above ground level, may be removed if that removal is necessary to meet the fuel objectives stated in 14 CCR § 1052.1(a)(5).
(3)(A) The following canopy retention requirements are applicable to Timber Operations conducted pursuant to 14 CCR §§ 1038(f) and 1038.3: Minimum post treatment Canopy closure of Dominant and Codominant trees shall be 40% for east side pine forest types; 50% for coastal redwood and Douglas-fir forest types in or adjacent to communities and legal structures referenced in 14 CCR § 1052.4(c)(1) and (c)(2)(A); 60% for coastal redwood and Douglas-fir forest types outside of communities and legal structures referenced in 14 CCR § 1052.4(c)(1) and (c)(2)(A); and 50% for mixed conifer and all other forest types.
2. When the average diameter of residual trees within the Harvest Area is less than sixteen (16) inches d.b.h. and the pre-treatment stand conditions described within 14 CCR § 1052.4(a)(1) are representative of homogenous forest stand conditions typical of plantations (such as homogeneity in: age distribution, d.b.h., height, or species composition), either of the retention standards set forth in a. or b. below must be achieved.
1. Those fuels described within (A) above, excluding residual stand Dominant and Codominant trees and any dead branches on those trees, shall be spaced to achieve vertical clearance distance of eight (8) feet or three (3) times the height of the postharvest fuels and vegetation, excluding Dominant and Codominant trees, whichever is the greater distance, measured from the base of the live crown of the postharvest Dominant and Codominant trees to the top of the Surface or Ladder Fuels or vegetation, whichever is taller.
a. Within one hundred-fifty (150) feet of those structures identified within 14 CCR § 1052.4(c)(1) and (c)(2)(A), all Surface Fuels, Slash, Woody Debris, and dead brush that will promote the spread of wildfire shall be chipped, burned, or removed within forty-five (45) days from the start of Timber Operations.
(B) Postharvest compliance shall be determined by the combination of physical measurements and observations. Postharvest compliance shall be met on at least 80% of the Project area as calculated excluding WLPZs and other wildlife protection requirements developed in accordance with 14 CCR § 1052.4(g).
(5) Fuel treatments shall include chipping, removal or other methods necessary to achieve the fuel hazard reduction standards in this section, and, notwithstanding the requirements of 14 CCR § 1052.4(d)(4)(A)2.a., shall be accomplished within one (1) year from the date the Emergency Notice is accepted by the Director, except for burning operations, which instead shall be completed within two (2) years from the date the Director accepts the notice.
(e) Stocking shall meet the resource conservation standards for minimum Stocking within 14 CCR § 912.7 [932.7, 952.7] (a)-(c), as applicable, immediately upon completion of Timber Operations. Because the lands treated pursuant to 14 CCR § 1052.4 are designated as defensible space or Fuelbreak areas, the wood production potential of these lands is compatible with the lowest Site Classifications and they shall be considered site IV Timberland for Stocking purposes.
(f) The resource conservation standards of the Rules may be met with Group A and/or Group B commercial species. The percentage of the stocking requirement met with Group A species shall be no less than the percentage of the stand basal area they comprised before harvesting. The following information shall be supplied by the RPF preparing the Notice and included in submission of the Notice:
(g) As part of the preharvest Project design, the RPF shall incorporate habitat requirements for fish, wildlife and plant Species in accordance with 14 CCR §§ 898.2, 916.9 [936.9, 956.9] and 919 [939, 959] et seq. Such evaluations shall include use of the California Natural Diversity Database (as referenced by the CDFW, https://www.wildlife.ca.gov/Data/CNDDB) and local knowledge of the Planning Watershed. Consultation with CDFW personnel is recommended. Examples of habitat requirements to be incorporated into the Project include retention of large Woody Debris and Snags congruent with Emergency condition goals, and vegetative screening for wildlife cover and visual aesthetics.
(h) Before commencement of Timber Operations by each LTO directly responsible for Timber Operations identified on the Notice, the RPF who prepared the Notice, or their Supervised Designee, shall meet with either the LTO or the LTO's representative. The purpose of the meeting shall be for the RPF to familiarize the LTO with the Notice, the Harvest Area described within the Notice, and specific applicable requirements of the Notice. The meeting shall be on-site if requested by either the RPF or LTO. An on-site meeting is required between the RPF or Supervised Designee familiar with on-site conditions and the LTO to discuss protection of any archaeological or historical sites requiring protection, if any such sites exist within the site survey area, pursuant to 14 CCR § 929.2 [949.2, 969.2] (b).
Credits
Note: Authority cited: Sections 4551, 4551.5, 4552, 4553 and 4592, Public Resources Code. Reference: Sections 4513, 4554, 4555, 4561, 4562, 4584, 4592, 21001(f) and 21080(b)(4), Public Resources Code.
History
1. New section filed 6-25-2004 as an emergency; operative 6-25-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2004 as an emergency; operative 10-26-2004 (Register 2004, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-23-2004 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-22-2005 as an emergency; operative 2-24-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-24-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-22-2005 order transmitted to OAL 6-23-2005 and filed 8-5-2005. Amendments to emergency language effective 1-1-2006 pursuant to Public Resources Code section 4554.5(a) (Register 2005, No. 31).
5. Amendment of section heading and section filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
6. Amendment of subsections (a), (a)(4), (d)(1), (d)(5)(A)-(d)(5)(A)2. and (d)(5)(B)-(d)(5)(B)2. and new subsection (d)(5)(C) filed 10-22-2008; operative 11-21-2008 (Register 2008, No. 43).
7. Amendment of subsection (d)(6) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
8. Change without regulatory effect amending section heading and removing pre-2006 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
9. Change without regulatory effect amending subsection (e) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
10. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
11. Amendment filed 8-9-2019 as an emergency; operative 8-14-2019 (Register 2019, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-10-2020 or emergency language will be repealed by operation of law on the following day.
12. Amendment refiled 1-30-2020 as an emergency; operative 2-10-2020 (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-11-2020 or emergency language will be repealed by operation of law on the following day.
13. Amendment refiled 4-29-2020 as an emergency; operative 5-11-2020 (Register 2020, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-10-2020 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 4-29-2020 order, including further amendment of section, transmitted to OAL 7-24-2020 and filed 9-17-2020; amendments effective 1-1-2021 pursuant to Government Code section 11343.4(b)(1) and Public Resources Code section 4554.5 (Register 2020, No. 38). Filing deadlines specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
15. Amendment of subsection (d)(5) filed 8-5-2021 as an emergency; operative 8-5-2021 (Register 2021, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
16. Amendment of subsection (d)(5) refiled 1-6-2022 as an emergency; operative 2-2-2022 (Register 2022, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-3-2022 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of History 14 (Register 2022, No. 18).
18. Certificate of Compliance as to 1-6-2022 order transmitted to OAL 3-23-2022 and filed 5-5-2022; effective 1-1-2023 amendments effective 1-1-2021 pursuant to Government Code section 11343.4(b)(1) and Public Resources Code section 4554.5 (Register 2022, No. 18).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 1052.4, 14 CA ADC § 1052.4
End of Document |