DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001. - 4958.]
Division 4 repealed and added by Stats. 1965, Ch. 1144.
§§ 4001–4958 · 570 sections
PART 1. DEFINITIONS AND GENERAL PROVISIONS §§ 4001–4053 · 18 sections
CHAPTER 1. Definitions §§ 4001–4005 · 8 sections
- § 4001 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 4002 “Board” means the State Board of Forestry and Fire Protection.
- § 4002.4 “Cultural burn” or “cultural burning” means the intentional application of fire to land by a California Native American tribe, a tribal organization, or a…
- § 4002.6 “Cultural fire practitioner” means a person recognized by a California Native American tribe or tribal organization with substantial experience in burning to…
- § 4003 “Department” means the Department of Forestry and Fire Protection.
- § 4004 “Director” means the Director of Forestry and Fire Protection.
- § 4004.5 “Prescribed grazing” means the lawful application of grazing by a specific kind of livestock at a determined season, duration, and intensity to accomplish…
- § 4005 (a) “Wildfire and Forest Resilience Task Force” means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.…
CHAPTER 2. General Provisions §§ 4021–4053 · 10 sections
ARTICLE 1. Penalties §§ 4021–4022 · 2 sections
- § 4021 Except as otherwise provided, the willful or negligent commission of any of the acts prohibited or the omission of any of the acts required by Chapter 2…
- § 4022 (a) The titles of ranger, park ranger, and forest ranger, and derivations thereof, may only be used by persons who are peace officers under Chapter 4.5…
ARTICLE 2. Purchase of Land §§ 4031–4034 · 4 sections
- § 4031 (a) The department may, with the approval of the Department of General Services, enter into agreements, easements, licenses, or permits to acquire real…
- § 4032 (a) The department may lease, for any use, all or any portion of any parcel of real property acquired for forestry and fire protection purposes if the director…
- § 4033 (a) The department may provide permits for temporary means of ingress to, egress from, and movement across all property under the jurisdiction of the…
- § 4034 The department, with the consent of the Department of General Services, may lease any real or personal property that the department deems necessary for…
ARTICLE 3. CAL-FIRE Infrastructure Projects Revolving Fund §§ 4050–4053 · 4 sections
- § 4050 As used in this article, “fund” shall mean the CAL-FIRE Infrastructure Projects Revolving Fund.
- § 4051 (a) The CAL-FIRE Infrastructure Projects Revolving Fund is hereby established in the State Treasury. Upon approval of the Department of Finance, there shall be…
- § 4052 The department shall keep a record of all expenditures against the moneys transferred to the fund for each project and any advances made pending federal…
- § 4053 Annually, on or before October 15, the department shall submit to the Department of Finance a report that reconciles, by project and character of…
PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS §§ 4101–4789.7 · 501 sections
CHAPTER 1. Prevention and Control of Forest Fires §§ 4101–4209.5 · 90 sections
ARTICLE 1. Definitions §§ 4101–4104 · 6 sections
- § 4101 “Person” includes any agency of the state, county, city, district, or other local public agency, and any individual, firm, association, partnership, business…
- § 4102 “State responsibility areas” means areas of the state in which the financial responsibility of preventing and suppressing fires has been determined by the…
- § 4103 “Forest fire” means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain, or other flammable vegetation.
- § 4103.4 “Open fire” means any fire, controlled or uncontrolled, including a campfire, burning outside of any structure, mobilehome, or living accommodation mounted on…
- § 4103.5 “Campfire” means a fire which is used for cooking, personal warmth, lighting, ceremonial, or aesthetic purposes, including fires contained within outdoor…
- § 4104 The term “uncontrolled fire,” as used in this division, means any fire which threatens to destroy life, property, or resources and either: (1) is unattended by…
ARTICLE 2. General Provisions §§ 4111–4123.8 · 18 sections
- § 4111 The board shall make and enforce such regulations as are necessary and proper for the organization, maintenance, government, and direction of the fire…
- § 4112 The department shall divide the state into a suitable and convenient number of administrative districts and shall appoint a supervising forest officer for each…
- § 4113 The supervising forest officers shall, under the direction of the director, have charge of the firefighting system and men in such districts, and are charged…
- § 4114 (a) The department, in accordance with a plan approved by the board, shall do all of the following: (1) Provide fire prevention and firefighting implements and…
- § 4114.1 (a) Subject to an appropriation of funds for this purpose, the department shall begin to employ sufficient permanent firefighting personnel to increase the…
- § 4114.3 (a) (1) The department shall actively engage University of California Cooperative Extension, relevant California State Universities, fire safe councils,…
- § 4114.4 (a) (1) On or before January 1, 2026, the department, in coordination with the United States Forest Service and other relevant state, federal, tribal, local,…
- § 4114.5 (a) A contract with a nonpublic entity entered into by the department that includes a provision for the services of pilots to fly firefighting aircraft owned…
- § 4115 In providing communications, telecommunications, and necessary powerlines in connection with the prevention and extinguishment of forest fires, the department,…
- § 4116 Any claim for damages arising against the state under Section 4114 or 4115 shall be presented to the Department of General Services in accordance with Part 3…
- § 4117 Any county, city, or district may adopt ordinances, rules, or regulations to provide fire prevention restrictions or regulations that are necessary to meet…
- § 4118 The burning of growing, dead, or downed vegetation is for a public purpose if the department has determined that the burning of such vegetation is necessary…
- § 4119 The department, or its duly authorized agent, shall enforce the state forest and fire laws. The department may inspect all properties, except the interior of…
- § 4120 Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901)…
- § 4123 When selecting a fuel reduction project, the department shall collaborate with the State Water Resources Control Board, the California Geological Survey, and…
- § 4123.5 (a) The department shall create the Wildfire Resilience Program. The purpose of the program is to assist nonindustrial timberland owners with wildfire…
- § 4123.7 (a) On or before July 1, 2021, the Natural Resources Agency, in consultation with the State Fire Marshal and the Forest Management Task Force, shall review the…
- § 4123.8 (a) On or before January 1, 2026, the department, in consultation with the State Air Resources Board and the Wildfire and Forest Resilience Task Force, shall…
ARTICLE 2.5. Fire Prevention Grants Program §§ 4124–4124.8 · 5 sections
- § 4124 For the purposes of this article, “fire prevention activities” means those lawful activities that reduce the risk of wildfire in California, including, but not…
- § 4124.5 (a) The department shall establish a local assistance grant program for fire prevention and home hardening education activities in California. Groups eligible…
- § 4124.6 (a) On or before January 31, 2022, the director shall hold a public workshop to do all of the following: (1) Review activities funded by the local assistance…
- § 4124.7 (a) The department shall, except for activities described in paragraph (5) of subdivision (c) of Section 4124.5, prioritize local assistance grant funding…
- § 4124.8 On or before June 1, 2022, all of the duties and responsibilities for the local assistance grant program established pursuant to this article shall be…
ARTICLE 3. Responsibility for Fire Protection §§ 4125–4137 · 14 sections
- § 4125 (a) The board shall classify all lands within the state, without regard to any classification of lands made by or for any federal agency or purpose, for the…
- § 4126 The board shall include within state responsibility areas all of the following lands: (a) Lands covered wholly or in part by forests or by trees producing or…
- § 4127 The board shall not include within state responsibility areas any of the following lands: (a) Lands owned or controlled by the federal government or any agency…
- § 4128 In establishing boundaries of state responsibility areas, the board may, for purposes of administrative convenience, designate roads, pipelines, streams, or…
- § 4129 The board of supervisors of any county may provide by ordinance that the county elects to assume responsibility for the prevention and suppression of all fires…
- § 4129.1 When the incorporation of a city removes land from a state responsibility area and the county continues to provide residential fire service for the newly…
- § 4130 The board shall classify all lands within state responsibility areas into types of land based on cover, beneficial use of water from watersheds, probable…
- § 4131 In the preparation of budgets for fire protection, the total funds available or estimated to be available shall be allocated to the areas to be protected in…
- § 4132 In those counties assuming responsibility pursuant to Section 4129 for fire protection and suppression in the lands thus classified within the respective…
- § 4133 The department shall, with the approval of the Department of General Services, for periods not to exceed three years, enter into a contract with any county…
- § 4134 Any such contract shall provide for payment to such county, as compensation for the assumption of the duty, power, authority and responsibility for fire…
- § 4135 Sections 4129 to 4135, inclusive, do not deprive the department of the power and duty to require that the money paid by the department under the contract to a…
- § 4136 (a) A transferor of real property that is located within a state responsibility area determined by the board, pursuant to Section 4125, shall disclose to a…
- § 4137 (a) For purposes of this section, the following terms apply: (1) “Activities” means the specific actions performed to support a treatment, including, but not…
ARTICLE 4. Cooperative Agreements §§ 4141–4145 · 6 sections
- § 4141 (a) The department may, for the prevention and suppression of forest fires, enter into cooperative agreements with any person, firm, association, or…
- § 4142 (a) The department, with the approval of the Department of General Services, may enter into a cooperative agreement upon the terms and under the conditions as…
- § 4142.1 When a county, city, or district considers entering into a cooperative agreement pursuant to subdivision (a) of Section 4142 under which the state would assume…
- § 4143 The Legislature hereby finds and declares that the maintenance of the economic well-being of the state and the public health and safety require that the state,…
- § 4144 (a) Notwithstanding Section 4142, the director may, with the approval of the Department of General Services, enter into a cooperative agreement, for the…
- § 4145 (a) It is the intent of the Legislature that cooperative agreements that are entered into between the department and a local government shall provide for the…
ARTICLE 4.5. Rapid Disaster Response Act of 2005 §§ 4147–4148 · 2 sections
ARTICLE 5. Firewardens and Firefighting Personnel §§ 4151–4157 · 7 sections
- § 4151 (a) The director shall appoint, in a number and localities as the director deems wise, public-spirited citizens to act as voluntary firewardens, who may…
- § 4152 If a fire patrol for the prevention and suppression of forest fires is maintained by owners of land or by any organization, the director may designate each…
- § 4153 The department or its duly authorized agent may summon an able-bodied person to assist in suppressing a forest fire and may authorize an officer of the state,…
- § 4154 Any person who fails to obey a summons which is authorized by Section 4153 is guilty of a violation of this article.
- § 4155 Every person who in obedience to such summons assists in extinguishing any forest fire shall be compensated at the same wage rate, excluding fringe benefits,…
- § 4156 (a) The director and employees or classes of employees of the department designated by the director have the powers conferred by law upon peace officers listed…
- § 4157 When the director or any of the employees or voluntary firewardens who are designated as peace officers pursuant to Section 4156 arrests a person for a…
ARTICLE 6. Violations §§ 4165–4170.5 · 4 sections
- § 4165 Every person is guilty of a misdemeanor who, at a forest fire, does any of the following: (a) Disobeys the lawful orders of a public officer or firefighter.…
- § 4166 A person who violates this article is guilty of a misdemeanor, which is punishable by a fine of not less than one hundred dollars ($100) nor more than one…
- § 4170 Any uncontrolled fire burning on any lands covered wholly or in part by timber, brush, grass, grain or any other flammable material, without proper precaution…
- § 4170.5 The department or any other duly established fire protection agency may summarily abate an uncontrolled fire as a public nuisance by controlling and…
ARTICLE 7. Public Nuisances §§ 4171–4181 · 12 sections
- § 4171 Any condition endangering public safety by creating a fire hazard and which exists upon any property which is included within any state reponsibility area is a…
- § 4172 If the director determines that a public nuisance, as defined in Section 4171, exists, the director shall notify the owner of the property to abate the public…
- § 4173 The board shall establish standards, based upon its determination of conditions which create an unreasonable hazard to life or property from fire, for what…
- § 4174 The notice shall be in writing and shall do all of the following: (a) Describe the public nuisance. (b) Specify the time within which the property owner is…
- § 4175 If a property owner requests a hearing, the director shall fix a time and a place for the hearing and notify the property owner. At the time and place of the…
- § 4176 If the director determines, at the conclusion of the hearing, that a public nuisance actually exists upon property owned by the property owner, the director…
- § 4177 If the public nuisance is not abated within the time specified in the notice to the property owner pursuant to Section 4172 or, if a hearing is not requested…
- § 4178 Any costs which are incurred by the department in abating any public nuisance pursuant to this article are a lien upon the property upon which the public…
- § 4179 Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of such lien, and naming the owner of record of such…
- § 4179.5 The Attorney General may at any time release all or any portion of the property subject to a lien imposed pursuant to Sections 4178 and 4179 from the lien or…
- § 4180 An action to foreclose the lien shall be commenced by the Attorney General in the name of the people of the State of California within six months after the…
- § 4181 When the property is sold, enough of the proceeds to satisfy the lien and the costs of the foreclosure shall be paid to the state. The surplus, if any, shall…
ARTICLE 8. Clarke-McNary Act §§ 4185–4187 · 3 sections
- § 4185 The State of California hereby accepts the provisions of the Clarke-McNary Act (Ch. 348, 43 Stat. 653), as amended, passed by the Congress of the United…
- § 4186 All moneys that are received by the state pursuant to the federal Clarke-McNary Act and that are regularly allotted by the federal government according to an…
- § 4187 A county which enacts an ordinance, as provided in Section 4129, is entitled to any allocation of moneys received by the state pursuant to the Clarke-McNary…
ARTICLE 9. Fire Hazard Severity Zones §§ 4201–4204 · 4 sections
- § 4201 The purpose of this article is to provide for the classification of lands within state responsibility areas in accordance with the severity of fire hazard…
- § 4202 The State Fire Marshal shall classify lands within state responsibility areas into fire hazard severity zones. Each zone shall embrace relatively homogeneous…
- § 4203 (a) The State Fire Marshal shall, by regulation, designate fire hazard severity zones and assign to each zone a rating reflecting the degree of severity of…
- § 4204 The State Fire Marshal shall periodically review zones designated and rated pursuant to this article and, as necessary, shall revise zones or their ratings or…
ARTICLE 10. Commission on Catastrophic Wildfire Cost and Recovery § 4205 · 1 section
- § 4205 (a) (1) There is hereby created within the Office of Planning and Research the Commission on Catastrophic Wildfire Cost and Recovery, to examine issues related…
ARTICLE 11. Regional Forest and Fire Capacity Program §§ 4208–4208.1 · 2 sections
- § 4208 For purposes of this article, the following definitions apply: (a) “Department” means the Department of Conservation. (b) “Eligible coordinating organization”…
- § 4208.1 (a) There is hereby established in the department the Regional Forest and Fire Capacity Program to support regional leadership to build local and regional…
ARTICLE 12. Community Wildfire Preparedness and Mitigation §§ 4209–4209.5 · 6 sections
- § 4209 There is within the Office of the State Fire Marshal a Deputy Director of Community Wildfire Preparedness and Mitigation who shall be responsible for fire…
- § 4209.1 The Deputy Director of Community Wildfire Preparedness and Mitigation shall be responsible for all of the following programs and activities: (a) The Fire…
- § 4209.2 The Deputy Director of Community Wildfire Preparedness and Mitigation and any subordinate employee shall be primarily assigned to the responsibilities…
- § 4209.3 (a) The State Fire Marshal shall, on or before January 1, 2023, provide the Legislature with a report identifying known personnel and resource shortfalls in…
- § 4209.4 (a) The Office of the State Fire Marshal shall establish the State Fire Marshal’s Wildfire Mitigation Advisory Committee to provide a public forum to solicit…
- § 4209.5 (a) The Office of the State Fire Marshal shall establish the Community Wildfire Mitigation Assistance Program to coordinate regional and local efforts with…
CHAPTER 1.5. State Responsibility Area Fire Prevention Fees §§ 4210–4229 · 20 sections
ARTICLE 1. General Provisions §§ 4210–4214 · 8 sections
- § 4210 The Legislature finds and declares all of the following: (a) Fire protection of the public trust resources on lands in the state responsibility areas remains a…
- § 4211 For the purposes of this chapter, the following terms shall have the following meanings: (a) “Habitable Structure” means a building that contains one or more…
- § 4212 (a) (1) By September 1, 2011, the board shall adopt emergency regulations to establish a fire prevention fee for the purposes of this chapter in an amount not…
- § 4213 (a) (1) Commencing with the 2011–12 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be collected annually by the State Board of…
- § 4213.05 (a) Commencing with the 2017–18 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be suspended, effective July 1, 2017. Any moneys…
- § 4213.1 (a) (1) The fire prevention fee imposed pursuant to Section 4212 shall be levied upon the owner of a habitable structure identified by the department as…
- § 4213.2 If an owner of a property with one or more habitable structures subject to the fire prevention fee imposed pursuant to Section 4212 sells the property, the…
- § 4214 (a) Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: (1) The State Board of…
ARTICLE 2. Appeals Process §§ 4220–4228 · 11 sections
- § 4220 A person from whom the fire prevention fee is determined to be due under this chapter may petition for a redetermination of whether this chapter applies to…
- § 4220.1 If a petition for redetermination is filed after the expiration of the time period specified in Section 4220, the untimely petition may be treated as an…
- § 4221 A petition for redetermination of the application of this chapter shall be in writing and be sent to the department or its designee. The petition shall state…
- § 4222 If a petition for redetermination of the application of this chapter is filed within the 30-day period, the department shall reconsider whether the fee is due…
- § 4222.5 If a timely petition for redetermination has been filed pursuant to Section 4220, all legal action to collect the fire prevention fee shall be stayed pending…
- § 4223 Notice of the determination of the department pursuant to Section 4222 shall be served, on the same date, to the board, the State Board of Equalization, and…
- § 4224 The order or decision of the department upon a petition for redetermination of the fire prevention fee shall become final 30 days after service upon the…
- § 4225 (a) (1) The fire prevention fee determined to be due by the department pursuant to this article is due and payable at the time it becomes final, and if it is…
- § 4226 Written notice required by this article shall be served as follows: (a) The notice shall be placed in a sealed envelope, with postage paid, addressed to the…
- § 4227 A dispute regarding the fire prevention fee imposed by this chapter shall be resolved pursuant to this article only.
- § 4228 If the department determines that a person is entitled to a refund of all or part of the fire prevention fee paid pursuant to this chapter, the person shall…
ARTICLE 3. Repeal § 4229 · 1 section
- § 4229 This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted on or before…
CHAPTER 2. Hazardous Fire Areas §§ 4251–4290.5 · 13 sections
- § 4251 As used in this chapter: “Hazardous fire area” means any area which is designated as a hazardous fire area by the board or the director pursuant to Section…
- § 4252 Upon the written petition of the owners or authorized agents of more than 50 percent of the land, including public land, within the exterior boundaries of any…
- § 4253 When the director determines that a fire hazard exists in any other area due to the presence of flammable material or cover, the director may by regulation…
- § 4254 Notice of the designation of each hazardous fire area designated pursuant to Section 4252 shall be given by the posting of notices at intervals of not greater…
- § 4255 (a) Except as provided in this section, a person shall not smoke or build a campfire or other open fire within a hazardous fire area. (b) The board may…
- § 4256 When it is necessary in the interest of public peace or safety, the director, with the consent of the owner of any lands designated as a hazardous fire area,…
- § 4257 Any order which is issued pursuant to Section 4256 shall be published twice in at least one newspaper of general circulation in any county that is affected by…
- § 4258 Whenever the director determines that a fire hazard exists in any area within a state responsibility area due to the presence of flammable material or cover,…
- § 4259 (a) The use or possession of fireworks is prohibited within any hazardous fire area designated pursuant to Section 4252 or 4258. However, the use of fireworks…
- § 4260 No regulation adopted pursuant to this article shall prohibit or curtail the complete possession and use of any area by the owner of the area or the owner’s…
- § 4290 (a) The board shall adopt regulations implementing minimum fire safety standards related to defensible space that are applicable to state responsibility area…
- § 4290.1 (a) On or before July 1, 2022, the board shall develop criteria for and maintain a “Fire Risk Reduction Community” list of local agencies located in a state…
- § 4290.5 (a) On or before July 1, 2021, and every five years thereafter, the board, in consultation with the State Fire Marshal, shall survey local governments,…
CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands §§ 4291–4299 · 15 sections
- § 4291 (a) A person who owns, leases, controls, operates, or maintains a building or structure in the state responsibility area shall at all times do all of the…
- § 4291.1 (a) Notwithstanding Section 4021, a violation of Section 4291 is an infraction punishable by a fine of not less than one hundred dollars ($100), nor more than…
- § 4291.3 (a) Subject to any other applicable law, a state or local fire official, at their discretion, may authorize an owner of property, or the owner’s agent, to…
- § 4291.5 (a) For purposes of this section, the following definitions apply: (1) “Home hardening” means the replacement or repair of structural features that are affixed…
- § 4291.6 (a) (1) The Legislature finds and declares that the use of trained volunteers to assist homeowners and fire agencies in achieving compliance with defensible…
- § 4292 Except as otherwise provided in Section 4296, any person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any…
- § 4293 Except as otherwise provided in Sections 4294 to 4296, inclusive, any person that owns, controls, operates, or maintains any electrical transmission or…
- § 4294 A clearing to obtain line clearance is not required if self-supporting aerial cable is used. Forked trees, leaning trees, and any other growth which may fall…
- § 4295 A person is not required by Section 4292 or 4293 to maintain any clearing on any land if such person does not have the legal right to maintain such clearing,…
- § 4295.5 (a) Notwithstanding any other law, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line…
- § 4296 Sections 4292 and 4293 do not apply if the transmission or distribution line voltage is 750 volts or less.
- § 4296.5 (a) Any person or corporation operating a railroad on forest, brush, or grass-covered land shall, if ordered by the director or the agency having primary…
- § 4297 Upon the showing of the director that the unrestricted use of any grass-covered land, grain-covered land, brush-covered land, or forest-covered land is, in the…
- § 4298 The proclamation by the Governor shall be released to the wire news services in the state, and shall be published at least once in a newspaper of general…
- § 4299 A person who violates Section 4297 or 4298 is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than…
CHAPTER 4. Restricted Areas §§ 4331–4333 · 3 sections
- § 4331 Except at the places or during the period of time designated by regulations adopted pursuant to the authority of the Secretary of Agriculture of the United…
- § 4332 Whenever it is necessary in the interests of public peace or safety, the director, with the consent of the Governor, may order closed to camping, hunting,…
- § 4333 Any order which is issued pursuant to Section 4332 shall be published twice in at least one newspaper of general circulation in any county that is affected by…
CHAPTER 5. Rubbish Dumps §§ 4371–4376 · 5 sections
- § 4371 The definitions in this section govern the construction of this chapter. (a) “Fire protection agency” means the Department of Forestry and Fire Protection on…
- § 4372 A person shall maintain any solid waste facility outside of the exterior boundaries of any city in strict accordance with the terms and conditions prescribed…
- § 4373 Any solid waste facility, for which a permit is required pursuant to Section 66796.30 of the Government Code, shall be maintained with a clearance of flammable…
- § 4374 Any solid waste facility, for which a permit is not required pursuant to Section 66796.31 of the Government Code, shall be maintained with a clearance of…
- § 4376 A person who maintains a solid waste facility in violation of this chapter is guilty of a misdemeanor, and shall be punished for a first conviction by a fine…
CHAPTER 6. Prohibited Activities §§ 4411–4446 · 42 sections
ARTICLE 1. Definitions and General Provisions §§ 4411–4418 · 11 sections
- § 4411 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 4412 “Incinerator” means any device constructed of nonflammable materials for the purpose of burning therein trash, debris, and other flammable materials, excluding…
- § 4412.5 “Campfire” has the same meaning as defined in Section 4103.5.
- § 4413 “Zone A” includes Mono, Inyo, San Bernardino, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San Diego, and Imperial Counties.
- § 4414 “Zone B” includes any county and portion of any county which is not included in Zone A.
- § 4414.5 “Residue” means flammable wood fiber byproducts or waste, including, but not limited to, sawdust, bark, chips, slabs, trimmings, and hogged particles from a…
- § 4415 This chapter does not apply to the setting of fire on lands within any municipal corporation.
- § 4416 This chapter does not authorize a county firewarden, a firefighter, or a county officer to obligate the state for the payment of any money.
- § 4417 (a) Except as provided in subdivision (b) or (c), a reward of up to ten thousand dollars ($10,000) shall be paid out of any state funds which are made…
- § 4417.5 (a) For the purpose of obtaining information leading to the arrest and conviction of persons who willfully and maliciously set fire to, or who attempt to…
- § 4418 Peace officers designated by the director may expend funds the director deems necessary to purchase evidence and to employ operators to obtain evidence in…
ARTICLE 2. Prohibited Activities §§ 4421–4446 · 31 sections
- § 4421 A person shall not set fire or cause fire to be set to a forest, brush, or other flammable material that is on land that is not the person’s own land, or under…
- § 4422 A person shall not do either of the following: (a) Willfully or knowingly allow fire to burn uncontrolled on land that the person owns or controls, or to…
- § 4423 A person shall not burn any brush, stumps, logs, fallen timber, fallows, slash, grass-covered land, brush-covered land, forest-covered land, or other flammable…
- § 4423.1 (a) Burning under permit by a person on public or private lands, except within incorporated cities, may be suspended, restricted, or otherwise prohibited by…
- § 4423.2 (a) Whenever the burning under permit has been suspended , restricted, or prohibited by proclamation pursuant to Section 4423.1, the officer having…
- § 4423.3 The use of a campfire is not restricted or prohibited by a proclamation issued pursuant to Section 4423.1, unless specifically restricted or prohibited in that…
- § 4423.4 Outdoor smoking is not restricted or prohibited by a proclamation issued pursuant to Section 4423.1, unless specifically restricted or prohibited in that or a…
- § 4423.5 Use of open fire or burning under permit within an area closed by proclamation pursuant to the provisions of Section 4423.1, except as provided in Sections…
- § 4425 Any violation of the terms of a burning permit issued pursuant to Section 4423, a restricted temporary burning permit issued pursuant to Section 4423.2, or a…
- § 4426 A person shall not set a backfire, or cause a backfire to be set, except under the direct supervision or permission of a state or federal forest officer,…
- § 4427 During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate any motor, engine, boiler,…
- § 4428 No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract…
- § 4429 During any time of the year when burning permits are required in an area pursuant to this article, at any camp maintained in such area for the residence of…
- § 4430 During any time of the year when burning permits are required in an area pursuant to this article, a person, copartnership, firm, corporation or company, shall…
- § 4431 During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate or cause to be operated in…
- § 4432 (a) A person shall not leave a campfire, kindled or attended by that person, burning or unextinguished unless one of the following requirements is satisfied:…
- § 4433 (a) A person shall not light, maintain, or use a campfire upon brush-covered land, grass-covered land, or forest-covered land that is the property of another…
- § 4434 The escape of any campfire from the control of any person who is maintaining the campfire is prima facie evidence that such person was negligent in maintaining…
- § 4435 If any fire originates from the operation or use of any engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device which may…
- § 4436 A person shall not refuse or fail to render assistance in combating a forest, brush, or grass fire at the summons of the department, or its authorized agent…
- § 4437 (a) Outside the exterior boundaries of cities, every processor of forest products shall exercise due diligence in the disposal of flammable material incident…
- § 4438 Flammable forest product waste material may be disposed of by means of fire in an enclosed device effective in preventing the spread of sparks or fire,…
- § 4439 (a) Flammable forest product waste material may be disposed of by means of fire in an area which is cleared of grass, grain, brush, slash, litter, snags and…
- § 4440 (a) Flammable forest product residue may be accumulated in piles, within any state responsibility area, within any area receiving fire protection by the…
- § 4441 Any person who permits or allows accumulation of waste material or residue in violation of the provisions of Sections 4437 to 4440, inclusive, is guilty of a…
- § 4442 (a) Except as otherwise provided in this section, no person shall use, operate, or allow to be used or operated, any internal combustion engine which uses…
- § 4442.5 No person shall sell, offer for sale, lease, or rent to any person any internal combustion engine subject to Section 4442 or 4443, and not subject to Section…
- § 4442.6 (a) A person shall not sell, offer for sale, lease, or rent to a person any equipment that is powered by an internal combustion engine subject to Section 4442…
- § 4443 No person shall use, operate, or cause to be operated on any forest-covered land, brush-covered land, or grass-covered land any handheld portable,…
- § 4445 A person shall not fire or cause to be fired from any rifle or other device capable of discharging ammunition, any bullet, projectile, or other ammunition…
- § 4446 Every person shall exercise reasonable care in the disposal of flammable material so that the material does not cause the inception of or spread of…
CHAPTER 7. Burning of Lands §§ 4461–4505 · 26 sections
ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management §§ 4461–4471 · 10 sections
- § 4461 This article shall be known and may be cited as the Wildland Fire Protection and Resources Management Act of 1978.
- § 4462 The Legislature hereby finds and declares as follows: (a) There has been an increase in the number of uncontrolled fires on the wildlands of this state,…
- § 4464 Unless the context clearly requires otherwise, the following definitions govern the construction of this chapter: (a) “Hazardous fuel reduction” means the…
- § 4464.5 The Legislature finds that, due to the absence of significant forest resources, lands in the Sutter Buttes in the County of Sutter are not likely to become…
- § 4465 The department shall conduct an experimental program of wildland resources management through prescribed burning and other methods in two areas of wildlands.
- § 4466 (a) The department shall prepare two model plans for the initial development and implementation of a program for wildland resources management through…
- § 4467 (a) Each plan shall include, but shall not be limited to, elements regarding wildland fuel management and reduction, air and water quality, water conservation…
- § 4468 During the prescribed burning season, the department shall maintain at least two prescribed burn crews, one each in northern and southern California, for the…
- § 4470 The department shall furnish a prescribed burn crew, and assume all costs thereof, to any person or group of persons who own or control land in a wildland area…
- § 4471 No person applying for a brush-burning permit pursuant to Article 3 (commencing with Section 4491) of this chapter, applying for a slash-burning permit…
ARTICLE 2. Department of Forestry Burning Agreements §§ 4475–4483 · 6 sections
- § 4475 (a) The director may enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction that is consistent with…
- § 4476 An agreement that is entered into pursuant to this article shall do all of the following: (a) Vest in the director the final authority to determine the time…
- § 4477 (a) The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an…
- § 4479 (a) Liability for any costs incurred by the department in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted…
- § 4480 In any area of the state where there are substantially more requests for prescribed burning operations or other hazardous fuel reduction pursuant to this…
- § 4483 (a) To the extent feasible, the board’s Vegetation Treatment Program Programmatic Environmental Impact Report shall serve, in addition to any identified…
ARTICLE 3. Private Burning of Lands Under Permit §§ 4491–4494 · 4 sections
- § 4491 (a) Cooperation by the department, as provided in this article, with a person desiring to use prescribed burning as a means of converting brush-covered lands…
- § 4492 A person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands,…
- § 4493 (a) Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall…
- § 4494 (a) Upon the conclusion of the examination provided for in Section 4493, the department may issue to the applicant a burning permit that shall specify the site…
ARTICLE 4. Air Quality and Prescribed Burns Program § 4495 · 1 section
- § 4495 In coordination with local air pollution control and air quality management districts, the department and the State Air Resources Board shall develop and fund…
ARTICLE 4.3. Burning with Cooperators §§ 4497–4497.2 · 2 sections
- § 4497 The director may enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural…
- § 4497.2 To be considered for the public interest and beneficial to the state, each prescribed burn, pursuant to Section 4497, shall be for any of the following…
ARTICLE 4.4. Prescribed Fire Liability Pilot Program §§ 4500–4503 · 2 sections
- § 4500 (a) For purposes of this section, the following terms have the following meanings: (1) “Burn boss” means either of the following: (A) A person certified…
- § 4503 This article shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January…
ARTICLE 4.5. Tribal Sovereignty with Respect to Cultural Burning § 4505 · 1 section
- § 4505 (a) (1) The Legislature acknowledges that federally recognized California Native American tribes have inherent sovereignty and authority to regulate their…
CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 §§ 4511–4630.2 · 177 sections
ARTICLE 1. General Provisions §§ 4511–4517 · 12 sections
- § 4511 This chapter shall be known as the Z'berg-Nejedly Forest Practice Act of 1973.
- § 4512 (a) The Legislature hereby finds and declares that the forest resources and timberlands of the state are among the most valuable of the natural resources of…
- § 4512.5 The Legislature finds and declares all of the following: (a) State forests play a critical and unique role in the state’s carbon balance by sequestering carbon…
- § 4513 It is the intent of the Legislature to create and maintain an effective and comprehensive system of regulation and use of all timberlands so as to ensure both…
- § 4514 This chapter or a ruling, requirement, or policy of the board is not a limitation on the following: (a) On the power of a city or county or city and county to…
- § 4514.3 (a) Timber operations conducted pursuant to this chapter are exempt from the waste discharge requirements of Article 4 (commencing with Section 13260) of…
- § 4514.5 A person may commence an action on his or her own behalf against the board or the department for a writ of mandate pursuant to Chapter 2 (commencing with…
- § 4516 Notwithstanding any provision of this chapter, the California Tahoe Regional Planning Agency shall have the right, within the reasonable exercise of its…
- § 4516.5 (a) Individual counties may recommend that the board adopt additional rules and regulations for the content of timber harvesting plans and the conduct of…
- § 4516.6 (a) To provide for adequate public review and comment, notwithstanding Section 4582.7, the director shall not approve a timber harvesting plan in any county…
- § 4516.8 In addition to the authority provided in Section 4516.5, the Counties of Marin, Monterey, San Mateo, Santa Clara, and Santa Cruz may recommend that the board…
- § 4517 If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or…
ARTICLE 2. Definitions §§ 4521–4529.5 · 16 sections
- § 4521 Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.
- § 4521.3 “Board” means the State Board of Forestry and Fire Protection.
- § 4523 “District” means a forest district.
- § 4524 “License” means a license to engage in timber operations, issued pursuant to Article 6 (commencing with Section 4571) of this chapter.
- § 4525 “Person” includes any private individual, organization, partnership, corporation, limited liability company, city, county, district, or the state or any…
- § 4525.3 “Resource conservation standards” means the minimum acceptable condition resulting from timber operations.
- § 4525.5 “Rules” means the district forest practice rules adopted by the board.
- § 4525.7 “Slash” means branches or limbs less than four inches in diameter, and bark and split products debris left on the ground as a result of timber operations.
- § 4526 “Timberland” means land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for,…
- § 4526.5 “Timber operator” means a person who is engaged in timber operations or who contracts with others to conduct the operations on his or her behalf, except a…
- § 4527 (a) (1) “Timber operations” means the cutting or removal, or both, of timber or other solid wood forest products, including Christmas trees, from timberlands…
- § 4527.5 “Timber owner” means a person who owns commercial timber, timberland, or timber rights, including Christmas tree rights, on lands of another except a federal…
- § 4528 As used in this chapter: (a) “Basal area per acre” means the sum of the cross-sectional areas at breast height of the tree stems of commercial species per…
- § 4528.5 This chapter does not apply to a person who engages in activities regulated by this chapter, as an employee, with wages as his or her sole compensation.
- § 4529 The penalties and remedies which are prescribed in this chapter are concurrent and alternative to any other civil, criminal, or administrative rights,…
- § 4529.5 Service of documents where required under this chapter may be made by registered or certified mail addressed to the respondent’s latest address registered on…
ARTICLE 3. Districts § 4531 · 1 section
- § 4531 The board shall divide the state into not less than three districts. In establishing these districts, the board shall take into account differing physical…
ARTICLE 4. Rules and Regulations §§ 4551–4555 · 10 sections
- § 4551 (a) The board shall adopt district forest practice rules and regulations for each district in accordance with the policies set forth in Article 1 (commencing…
- § 4551.3 (a) A sustained yield plan that is prepared and approved in accordance with rules and regulations adopted by the board pursuant to Section 4551, including…
- § 4551.5 Rules and regulations shall apply to the conduct of timber operations and shall include, but shall not be limited to, measures for fire prevention and control,…
- § 4551.7 The board shall, on or before November 1, 1988, adopt regulations pertaining to site preparation that involves disturbance of soil or burning of vegetation…
- § 4551.9 (a) On or before January 1, 2005, the board shall adopt regulations to require that a timber harvesting plan include a map or maps, depicting the location and…
- § 4552 The rules and regulations adopted by the board shall be based upon a study of the factors that significantly affect the present and future condition of…
- § 4553 The rules and regulations shall be continuously reviewed and may be revised. During the formulation or revision of the rules and regulations, the board shall…
- § 4554 Except for emergency regulations or orders of repeal adopted pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of…
- § 4554.5 (a) Notwithstanding Section 11343.4 of the Government Code, except as specified in subdivision (b), rules and regulations adopted or revised pursuant to this…
- § 4555 If the director determines that a substantial question exists concerning whether the intent of this chapter is currently provided for by the rules and…
ARTICLE 5. Resource Conservation Standards §§ 4561–4562.9 · 9 sections
- § 4561 It is the purpose of this section to set forth resource conservation standards for timber operations, and to ensure that a cover of trees of commercial…
- § 4561.1 The resource conservation standards relating to stocking enumerated in Section 4561 shall constitute minimum requirements, and these shall be the standards to…
- § 4561.2 Notwithstanding Section 4561.1 or the resource conservation standards relating to stocking pursuant to Section 4561, the board may adopt alternative stocking…
- § 4561.5 The board may from time to time, after a public hearing, amend permanent stocking standards applicable to commercial timberland where the growing timber does…
- § 4561.7 (a) The site designated for testing purposes by subdivision (b) is exempt from any stocking requirements. (b) Testing may be permitted only on a 35-acre area…
- § 4562 In order to reduce the incidence and spread of fire on timberlands, the board shall adopt rules in the fire protection zone as such zone is defined by the…
- § 4562.5 It is the purpose of this section to insure that soil erosion associated with timber operations is adequately controlled to protect soil resources, forest…
- § 4562.7 The purpose of this section is to ensure the protection of beneficial uses that are derived from the physical form, water quality, and biological capability of…
- § 4562.9 The board shall adopt regulations requiring maintenance of installed drainage facilities and soil stabilization treatments on skid trails, roads, and landings…
ARTICLE 6. Licenses §§ 4570–4578 · 10 sections
- § 4570 For purposes of this article, “real person in interest” means an individual who is one of the following: (a) The sole proprietor, principal owner, or principal…
- § 4571 (a) No person shall engage in timber operations until that person has obtained a license from the board. (b) The board may issue a limited timber operator…
- § 4572 (a) The board shall, by regulation, prescribe the form and content of an application for a timber operator license or license renewal, establish procedures for…
- § 4573 The board may deny a timber operator license for any of the following reasons: (a) The applicant is not the real person in interest. (b) Material…
- § 4574 (a) Timber operator licenses shall be valid for a period not to exceed two calendar years, as prescribed by the board. (b) (1) The board may deny an…
- § 4575 A license is subject to future legislation and is not transferable.
- § 4576 A license may be suspended or revoked by the director pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the…
- § 4576.1 During the period for which a timber operator license has been suspended, revoked, or denied pursuant to Section 4573 or 4576, the real person in interest, as…
- § 4577 The board may delegate its authority under this article to the director.
- § 4578 Timber operations, timber harvesting, and any other activities pursuant to a timber harvest plan or a federal or state timber sales contract are exempt from…
ARTICLE 7. Timber Harvesting §§ 4581–4592.5 · 28 sections
- § 4581 No person shall conduct timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted for such operations…
- § 4582 The timber harvesting plan shall be filed with the department in writing by a person who owns, leases, or otherwise controls or operates on all or any portion…
- § 4582.3 The board shall, on or before May 1, 1985, adopt regulations regarding notice of intent to harvest timber, to be given within two working days following…
- § 4582.4 Notice of the filing of timber harvesting plans shall be made by the department to any person who requests, in writing, such notification.
- § 4582.5 Timber harvesting plans shall be applicable to a specific piece of property or properties and shall be based upon such characteristics of the property as…
- § 4582.6 (a) Upon receipt of the timber harvesting plan, the department shall place it, or a true copy of the plan, in a file available for public inspection in the…
- § 4582.7 (a) The director shall have 30 days from the date that the initial inspection is completed (10 of these days shall follow the date of final interagency review)…
- § 4582.71 (a) A timber harvesting plan may not be approved if the appropriate regional water quality control board finds, based on substantial evidence, that the timber…
- § 4582.75 The rules adopted by the board and the provisions of this chapter shall be the only criteria employed by the director when reviewing timber harvesting plans…
- § 4582.8 Within 10 days from the date that a timber harvesting plan is determined to be in conformance under Section 4582.7, or within 10 days from the date of receipt…
- § 4582.9 (a) Notwithstanding any other provision of this chapter, the Director of Fish and Game or the State Water Resources Control Board may, not later than 10 days…
- § 4583 A timber harvesting plan shall conform to all standards and rules which are in effect at the time the plan becomes effective. Except for stocking standards in…
- § 4583.2 The registered professional forester who prepared the timber harvesting plan and or any other registered professional forester who is employed by the owner or…
- § 4583.5 If the board finds that the registered professional forester has made a material misstatement in the filing of a timber harvesting plan or report pursuant to…
- § 4584 Upon determining that this exemption is consistent with the purposes of this chapter, the board may exempt from this chapter, or portions of this chapter, a…
- § 4584.1 Rules and regulations adopted by the board pursuant to Section 4584, except subdivision (k) of Section 4584, shall comply with the following standards, as…
- § 4584.2 Rules and regulations adopted by the board pursuant to subdivision (j) of Section 4584, shall comply with the following standards: (a) Notices of exemption…
- § 4584.5 Nothing in Section 4584 shall exempt the owner of any timber harvested from registering with the State Board of Equalization or from the payment of any…
- § 4585 (a) Within one month after completion of the work described in the timber harvesting plan or nonindustrial timber harvest notice, excluding work for stocking,…
- § 4586 Within six months of the receipt of the work completion report specified in Section 4585, the director shall determine, by inspection, whether the work…
- § 4587 (a) Within five years after completion of timber operations on an area identified in a report submitted pursuant to Section 4585 or nonindustrial timber…
- § 4588 Within six months of the receipt of the stocking report, the director shall determine, by inspection, whether the stocking has been properly completed. If the…
- § 4589 (a) The department and board, in consultation with the Department of Fish and Wildlife, and the State Water Resources Control Board, shall, commencing December…
- § 4590 (a) (1) A timber harvesting plan approved by the department on or after July 1, 2012, is effective for a period of not more than five years, unless extended…
- § 4591 Amendments to the original timber harvesting plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the original…
- § 4591.1 The board shall specify by regulation those deviations which may be undertaken by an operator without submission of an amended plan but which must subsequently…
- § 4592 Notwithstanding any other provisions of this chapter, a registered professional forester may in an emergency, on behalf of a timber owner or operator, file an…
- § 4592.5 (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing,…
ARTICLE 7.5. Nonindustrial Timber Management Plan §§ 4593–4594.7 · 16 sections
- § 4593 (a) The Legislature finds and declares that a substantial acreage of timberlands of the state are held by private nonindustrial owners and that it is the…
- § 4593.2 Notwithstanding Section 4521, unless the context otherwise requires, the following definitions govern construction of this article: (a) “Nonindustrial…
- § 4593.3 A nonindustrial timber management plan may be filed with the department in writing by a person who intends to become a nonindustrial tree farmer with the…
- § 4593.4 The board shall adopt regulations regarding the notice of receipt of the proposed nonindustrial timber management plan. The notice shall be given within two…
- § 4593.5 The department shall provide notice of the filing of nonindustrial timber management plans to any person who requests, in writing, that notification.
- § 4593.6 Upon receipt of the nonindustrial timber management plan, the department shall place it, or a true copy thereof, in a file available for public inspection in…
- § 4593.7 (a) The director has 45 days from the date the initial inspection is completed as provided in Section 4604, or a longer period mutually agreed upon by the…
- § 4593.8 The nonindustrial tree farmer may submit a proposed amendment to the approved plan and may not take any action which substantially deviates, as defined by the…
- § 4593.9 The nonindustrial tree farmer may take actions which do not substantially deviate from the approved plan without the submittal of an amendment, but those…
- § 4593.10 (a) Upon a change of ownership of the land described in the nonindustrial timber management plan, the transferring landowner shall provide the acquiring…
- § 4593.11 The nonindustrial tree farmer may cancel the nonindustrial timber management plan by submitting a written notice to the department. Once timber operations have…
- § 4594 The nonindustrial tree farmer who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved…
- § 4594.2 The registered professional forester who prepares the nonindustrial timber management plan or prepares the notice, or any other registered professional…
- § 4594.4 If the board finds that a registered professional forester has made any material misstatement in any nonindustrial timber harvesting notice, nonindustrial…
- § 4594.6 Notwithstanding any other provisions of this chapter, if a registered professional forester certifies by written declaration, on behalf of the timber owner or…
- § 4594.7 If it is determined that the objectives of uneven aged management and sustained yield are not being met by a nonindustrial tree farmer, or there are other…
ARTICLE 7.7. Working Forest Management Plan §§ 4597–4597.22 · 22 sections
- § 4597 (a) The Legislature finds and declares all of the following: (1) The nonindustrial timber management plan established pursuant to Article 7.5 (commencing with…
- § 4597.1 Notwithstanding Section 4521, unless the context otherwise requires, the following definitions govern construction of this article: (a) “Long-term sustained…
- § 4597.2 A working forest management plan may be submitted to the department in writing by a person who intends to become a working forest landowner with the long-term…
- § 4597.3 The board shall adopt regulations regarding the notice of receipt of the proposed working forest management plan. The notice shall be given within two working…
- § 4597.4 The department shall provide notice of the filing of working forest management plans, the proposed plans, and working forest harvest notices on its Internet…
- § 4597.5 Upon receipt of the proposed working forest management plan, the department shall place the proposed plan, or a true copy of the proposed plan, in a location…
- § 4597.6 (a) The department shall provide a time period for public comment, starting from the date of the receipt of a working forest management plan, as follows: (1)…
- § 4597.7 The working forest landowner may submit a proposed amendment to the approved plan and shall not take any action that substantially deviates, as defined by the…
- § 4597.8 The working forest landowner may take actions that do not substantially deviate from the approved plan without the submission of an amendment, but those…
- § 4597.9 (a) Upon a change of ownership of the land described in the working forest management plan, the transferring landowner shall provide the acquiring landowner…
- § 4597.10 The working forest landowner may cancel the working forest management plan by submitting a written notice to the department. Once timber operations have…
- § 4597.11 The working forest landowner who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved…
- § 4597.12 (a) For an approved working forest management plan, the director shall convene a meeting with the interdisciplinary review team, as that term is used in…
- § 4597.13 The registered professional forester who prepares the working forest management plan or prepares the notice of harvest, or any other registered professional…
- § 4597.14 If the board finds that a registered professional forester has made any material misstatement in a working forest harvest notice, working forest management…
- § 4597.15 Notwithstanding any other provisions of this chapter, if a registered professional forester certifies by written declaration, on behalf of the timber owner or…
- § 4597.16 If the department determines that the objectives of uneven aged management and sustained yield are not being met by a working forest landowner, or there are…
- § 4597.17 If a landowner with a nonindustrial timber management plan or a working forest management plan with less than 2,500 acres expands his or her total timberland…
- § 4597.18 A participating landowner, in conjunction with the preparation of an application for a working forest management plan filed with the department, may also seek…
- § 4597.19 Notwithstanding any other law, if a person with a working forest management plan or a nonindustrial timber management plan applies for state restoration grant…
- § 4597.21 This article does not affect the applicability of county rules adopted pursuant to Section 4516.5 nor any court decision made by a court of competent…
- § 4597.22 This article does not apply to the Southern Subdistrict of the Coast Forest District, as described in Section 895.1 of Title 14 of the California Code of…
ARTICLE 7.8. Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program §§ 4598–4598.9 · 10 sections
- § 4598 The Legislature finds and declares all of the following: (a) In order to meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5…
- § 4598.1 (a) The purpose of this article is to encourage private investments in, and improved long-term management of, timberlands and resources within the state to…
- § 4598.2 (a) In furtherance of the purposes of this article, the department may enter into agreements and make grants and take other actions necessary to carry out the…
- § 4598.3 As used in this article, the following terms shall have the following meanings: (a) “Eligible landowner” means any person who meets the conditions set forth in…
- § 4598.4 Agreements may be entered into and grants may be made by the director pursuant to this article for the purpose of preparing PTEIRs for projects that…
- § 4598.5 (a) The director may enter into agreements, on behalf of eligible landowners, pursuant to which the department will undertake the preparation of PTEIRs. The…
- § 4598.6 To be eligible for participation in an agreement or grant pursuant to Section 4598.5, the following conditions shall be met: (a) The application requirements…
- § 4598.7 Payments or grants pursuant to this article may be made for work that is also the subject of payments or other assistance provided pursuant to federal law.…
- § 4598.8 In addition to the requirements of Section 4598.6, to be eligible to participate in agreements or receive grants pursuant to Section 4598.5, the landowner…
- § 4598.9 To carry out this article and to facilitate participation in the program authorized by this article, the board may promulgate regulations, guidelines, or…
ARTICLE 8. Penalties and Enforcement §§ 4601–4611 · 17 sections
- § 4601 Any person who willfully violates any provision of this chapter or rule or regulation of the board is guilty of a misdemeanor and shall be punishable by a fine…
- § 4601.1 (a) (1) In addition to any other penalty, any person who intentionally, knowingly, or negligently violates this chapter or a rule or regulation adopted by the…
- § 4601.2 (a) The director may issue a complaint and proposed order to any person on whom an administrative penalty may be imposed pursuant to subdivision (b) of Section…
- § 4601.3 (a) Any party who is aggrieved by a final order issued by the board or an administrative law judge under Section 4601.2 may obtain review of the order in the…
- § 4601.4 (a) The violation of any rule or regulation adopted by the board pursuant to this chapter prescribing any procedural requirement that does not result in, or…
- § 4601.5 (a) Any person who violates a rule or regulation of the board, the violation of which is an infraction as described in Section 4601.4, shall, upon conviction…
- § 4602.5 (a) This section provides an administrative procedure to suspend timber operations temporarily while judicial remedies are pursued pursuant to this article.…
- § 4602.6 (a) If a timber operator believes that a forest officer lacked reasonable cause to issue or extend a stop order pursuant to Section 4602.5, the timber operator…
- § 4603 The Attorney General may, on his or her own motion or at the request of the board, bring an action to enforce compliance with the rules and regulations of the…
- § 4604 (a) The department shall provide an initial inspection of the area in which timber operations are to be conducted within 10 days from the date of filing of the…
- § 4605 The department may bring an action to enjoin the violation, or threatened violation, of any provision of this chapter or the rules and regulations of the…
- § 4606 If upon a hearing to show cause why a preliminary injunction should not be issued, or upon a hearing of any motion for a preliminary injunction, or if the…
- § 4607 The department may take such appropriate steps as are necessary and incur expenses to correct any violation.
- § 4608 (a) Before taking any corrective action, other than under Section 4605, the department shall serve a written notice upon the person responsible for the…
- § 4609 If the corrective action is not taken on or before the date specified in the notice served pursuant to Section 4608, the department may take, or contract for…
- § 4610 The expenses incurred by the department in taking any corrective action pursuant to this article shall be increased by two hundred fifty dollars ($250) or 10…
- § 4611 Neither the board, the department, nor any person authorized by the board or the department to enter upon any lands for the purpose of taking any corrective…
ARTICLE 9. Conversion §§ 4621–4628 · 10 sections
- § 4621 (a) A person who owns timberlands that are to be devoted to uses other than the growing of timber shall file an application for conversion with the board. The…
- § 4621.2 (a) If the timberlands which are to be devoted to uses other than the growing of timber are zoned as timberland production zones under Section 51112 or 51113…
- § 4622 Approval of an application for conversion shall be conditioned upon the granting of the necessary rezoning or use permit if rezoning or a use permit is…
- § 4623 The application shall be accompanied by an affidavit by the applicant that the applicant has a present bona fide intent to convert the land to a use other than…
- § 4624 The board shall deny a timberland conversion permit for any of the following reasons: (a) The applicant is not the real person in interest. (b) Material…
- § 4624.5 A person whose application for a timberland conversion permit has been denied shall be entitled to a hearing before the board pursuant to Chapter 5 (commencing…
- § 4625 If the board finds the applicant does have a bona fide intention to convert the land, it shall approve the application, authorizing the applicant to cut and…
- § 4626 If at any time the board finds that the applicant has failed to conform to the intent to convert, as set forth in the application and proof, the board may…
- § 4627 The board may, by regulation, delegate its authority and responsibilities under this article to the director if it determines that the director can more…
- § 4628 (a) Notwithstanding any provision of this article or of Section 4581, no public agency shall be required to submit a timber harvesting plan or file an…
ARTICLE 9.5. Timber Regulation and Forest Restoration Fund §§ 4629–4629.13 · 13 sections
- § 4629 The Legislature finds and declares all of the following: (a) A thriving in-state forest products sector provides public benefits, including employment…
- § 4629.1 The Legislature further finds that the state’s forest practice regulatory program needs to develop adequate performance measures to provide transparency for…
- § 4629.2 In enacting this article, it is the intent of the Legislature to accomplish all of the following: (a) Promote and encourage sustainable forest practices…
- § 4629.3 (a) The Timber Regulation and Forest Restoration Fund is hereby created in the State Treasury. All revenues received from the assessments imposed pursuant to…
- § 4629.4 (a) On or before October 1, 2012, the board shall adopt a regulation that interprets and makes specific the lumber products and engineered wood products that…
- § 4629.5 (a) (1) There is hereby imposed an assessment on a person who purchases a lumber product or an engineered wood product for storage, use, or other consumption…
- § 4629.6 Moneys deposited in the fund shall, upon appropriation by the Legislature, only be expended for the following purposes: (a) To reimburse the State Board of…
- § 4629.7 All grants made pursuant to subdivisions (g) and (h) of Section 4629.6 shall fund activities that do any of the following, in order of priority: (a) Improve…
- § 4629.8 (a) Funds deposited in the fund shall be appropriated in accordance with the following priorities: (1) First priority shall be for funding associated with the…
- § 4629.9 (a) On or before January 10, 2013, and on each January 10 thereafter in conjunction with the 2014–15 Governor’s Budget and each Governor’s Budget thereafter,…
- § 4629.11 (a) Notwithstanding any other law, the revenues in any fiscal year may be accounted for on an accrued basis. The department may borrow against anticipated…
- § 4629.12 (a) The Director of Finance shall authorize a loan, from the General Fund to the fund, to implement the activities described in Section 4629.6. (b) Any loan…
- § 4629.13 Notwithstanding any other law, the Controller may use the moneys in the fund for cashflow loans to the General Fund, as provided in Sections 16310 and 16381 of…
ARTICLE 10. Innovative Forest Products and Mass Timber §§ 4630–4630.2 · 3 sections
- § 4630 For purposes of this article, the following terms have the following meanings: (a) “Innovative forest products” means products made using small-diameter woody…
- § 4630.1 (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other…
- § 4630.2 (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governor’s Office of Business and…
CHAPTER 9. State Forest §§ 4631–4664 · 35 sections
ARTICLE 1. Purposes and Policies §§ 4631–4631.5 · 2 sections
- § 4631 It is hereby declared to be in the interest of the welfare of the people of this state and their industries and other activities involving the use of wood,…
- § 4631.5 It is further declared to be in the interest of the welfare of the people of this state that the state do all of the following: (a) Retain the existing land…
ARTICLE 2. Definitions §§ 4635–4643 · 9 sections
- § 4635 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 4636 “Continuous production” means such management as will approach a balance between depletion and growth.
- § 4637 “Forest land” means lands primarily suited to growing timber and other forest products.
- § 4638 “Forest products” includes sawlogs, pilings, poles, split products, pulpwood, bolts, bark and other products.
- § 4639 “Management” means the handling of forest crop and forest soil so as to achieve maximum sustained production of high quality forest products while giving…
- § 4640 “Protection” means protection of forest trees against damage by fire, insects, disease, and trespass.
- § 4641 “Purchase area” means an area of forest land within which forest lands of sufficient acreage may be available and can be consolidated to make state forest…
- § 4642 “Reforestation” includes reforestation by natural means from seed and artificially by seeding or planting.
- § 4643 “State forest” means forest land owned or to be owned by the state.
ARTICLE 3. State Forests §§ 4645–4659 · 19 sections
- § 4645 The department, in accordance with plans approved by the board, may engage in the management, protection, and reforestation of state forests.
- § 4646 The director, acting in accordance with policies adopted by the board, shall administer this chapter. The director may exercise all powers necessary to…
- § 4647 The department shall prepare a map setting forth the boundaries of purchase areas, and it shall prepare data relating to the forest conditions within these…
- § 4648 (a) Acquisition of forest land pursuant to this chapter shall be made only upon the approval of the director. Approval by the director shall be based on…
- § 4649 Whenever it is deemed advisable and advantageous, the board may enter into an agreement with the Department of Corrections, or the Youth Authority for…
- § 4650 (a) With the approval of the Director of General Services, the director may make sales of forest products from state forests that do not exceed ten thousand…
- § 4650.1 (a) Notwithstanding any other provision of law, timber from state forests shall not be sold to any California division of a primary manufacturer, or to any…
- § 4651 The management of state forests and the cutting and sale of timber and other forest products from state forests shall conform to regulations prepared by the…
- § 4652 (a) The department may collect recreational user fees for overnight camping and reserved group activities in a demonstration state forest. The department shall…
- § 4653 State-owned lands classified by the department and approved by the board as not suited to the growing of forest products, or necessary to the management of the…
- § 4654 There shall be paid to each county in which lands acquired for state forest purposes are situated, out of funds hereafter made available for such purpose, an…
- § 4655 Tax-deeded lands classified as forest lands, pursuant to Chapter 4.3 (commencing with Section 3534), Part 6, Division 1 of the Revenue and Taxation Code, may…
- § 4656 This chapter does not interfere with the reasonable use of state forests for hunting, fishing, recreation and camping, except as otherwise provided by law. The…
- § 4656.1 The board may establish rules and regulations, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the…
- § 4656.2 The department shall protect the state forests from damage and preserve the peace therein.
- § 4656.3 Any person who violates the rules and regulations pertaining to the state forests established by the board is guilty of a misdemeanor and upon conviction shall…
- § 4657 Insofar as the provisions of this chapter may be in conflict with any other provision of this division, the provision of this chapter shall control.
- § 4658 The Mountain Home Tract Forest in Tulare County shall be developed and maintained, pursuant to this chapter, as a multiple-use forest, primarily for public…
- § 4659 (a) For purpose of this section, the following definitions shall apply: (1) “City” means the City of Fort Bragg. (2) “County” means the County of Mendocino.…
ARTICLE 4. Soquel Demonstration State Forest §§ 4660–4664 · 5 sections
- § 4660 It is hereby declared to be the policy of the state to establish and preserve an intensively managed, multifaceted research forest which is representative of…
- § 4661 The department may permit a limited amount of commercial timber operations on the property within the Soquel Demonstration State Forest in order to provide…
- § 4662 The department is responsible for the establishment and development of the Soquel Demonstration State Forest and for ongoing maintenance and operations. The…
- § 4663 The department, in coordination with the advisory committee, shall adopt a general plan for the state forest which reflects the long-range development and…
- § 4664 The duties and authority of the department pursuant to this article shall only arise if the state acquires the property comprising the Soquel Demonstration…
CHAPTER 10. Protection of Forest and Lands §§ 4671–4771.6 · 59 sections
ARTICLE 1. Cooperative Agreements §§ 4671–4676 · 6 sections
- § 4671 The department may, in accordance with the policy of the board, engage in and demonstrate methods of developing, using, and protecting the forest and wild land…
- § 4672 The department may, in accordance with the policy of the board, engage in surveys of soil, vegetation, and forest products on the forest, range, and watershed…
- § 4673 The department, with the approval of the Director of General Services, may enter into an agreement with any federal agency for the purpose of investigating the…
- § 4674 The department may, with the approval of the Department of General Services, enter into a cooperative agreement, upon the terms and under the conditions as the…
- § 4675 It is in the public interest and to the benefit of the state that watershed lands are rehabilitated to conserve water and soil and to prevent destructive…
- § 4676 (a) The director may authorize any work for any purpose authorized by Section 4675 as an exercise of the director’s emergency powers and may request the…
ARTICLE 2. State Nurseries §§ 4681–4685 · 6 sections
- § 4681 State nurseries shall be maintained under the management of the department for all of the following purposes: (a) Operation of a state seed bank to provide…
- § 4682 The department shall construct and maintain such buildings, improvements, and equipment, and shall employ and fix the compensation of such employees as may be…
- § 4683 The department may purchase nursery stock and seed, and may distribute stock or seed for the following purposes: (a) Public planting or reforestation of public…
- § 4684 Trees, plants, nursery stock, and seeds which are sold pursuant to this article shall be sold at prices that are established by the department and approved by…
- § 4684.5 Notwithstanding Section 4684, the director may give such forest seedlings or native plants for the purposes of reforestation or soil erosion control at the end…
- § 4685 The Governor, on behalf of the state, may receive all conveyances or donations of real or personal property necessary to vest in the state the title to any…
ARTICLE 3. Reforestation Studies and Plans §§ 4691–4695 · 5 sections
- § 4691 It is hereby declared to be in the interest of the welfare of the people of this state that the need for wood, lumber, poles, piling, wood pulp and other…
- § 4692 The department may make surveys and prepare maps setting forth the areas of nonrestocking forest lands.
- § 4693 The department may undertake experiments and studies, on lands owned by the state or made available by private owners through cooperative agreements pertinent…
- § 4694 Experimentation and studies shall be conducted with the advice and cooperation of the University of California School of Forestry.
- § 4695 The department may collect the additional seed required, increase the capacity of state nurseries, purchase the necessary equipment and employ the necessary…
ARTICLE 4. Gifts of Land and Contributions §§ 4701–4703 · 3 sections
- § 4701 The director, upon the recommendation of the board, may accept on behalf of the state gifts of land suitable for forestry purposes or suitable for the purposes…
- § 4702 The acceptance of the land or contributions shall be subject to such conditions or restrictions as the board deems advisable. Any conditions or restrictions…
- § 4703 Before accepting conveyance of the land, the director shall have the title examined. The director shall not accept title unless a good and merchantable title…
ARTICLE 5. Forest Insect and Plant Disease Control §§ 4712–4718 · 8 sections
- § 4712 As used in this article: (a) “Owner” includes any individual, partnership, corporation, or association. (b) “Timberland” means any land which has enough…
- § 4713 Pine beetles and other insect pests or plant diseases which are harmful, detrimental and injurious to timber and forest growth are a public nuisance.
- § 4714 Every owner of timber or timberlands shall control or eradicate the insect pests or plant diseases on lands owned by the owner or under the owner’s control. If…
- § 4714.5 The movement of eucalyptus wood containing live Eucalyptus Longhorn Borers or their larvae in trucks or trailers is prohibited. A violation of this section is…
- § 4715 The department, in accordance with policy established by the board, may enter into agreements with any owner and with any agency of government, including the…
- § 4716 (a) Whenever the director determines that there exists an area that is infested or infected with insect pests or plant diseases injurious to timber or forest…
- § 4717 The department may make the necessary surveys and appraisals to obtain pertinent data and information on insect infestations and disease infections. The…
- § 4718 If the director determines that insect or disease control work within the designated zone of infestation or infection is no longer necessary or feasible the…
ARTICLE 6. Preservation of Big Trees §§ 4721–4727 · 6 sections
- § 4721 It is the policy of the state to preserve as far as possible the species Sequoia gigantea in the interest of conservation, both of soil and of the species…
- § 4722 Upon the finding of the Department of Parks and Recreation or the director, or both, that any Sequoia gigantea grove is suitably situated and is of a size and…
- § 4723 Pursuant to Sections 4721 and 4722, the Department of Parks and Recreation, or the department, on favorable recommendation of the board, may acquire any…
- § 4725 Nothing in this article shall be construed as establishing a policy to acquire any such Sequoia gigantea groves for preservation and conservation out of any…
- § 4726 Any person who willfully cuts down, strips of its bark, or destroys by fire, any tree “over 16 feet in diameter,” in the groves of big trees situated in the…
- § 4727 Upon the arrest and conviction of any person for violation of Section 4726, the party informing is entitled to one-half of the fines collected.
ARTICLE 7. Protection and Development Corporations §§ 4731–4738 · 8 sections
- § 4731 Corporations may be formed under the general corporation laws of this state for the protection and development of forest and other renewable natural resources,…
- § 4732 All shares of stock issued by the corporation shall have a par value, and, in addition to other requirements prescribed by law, the articles of incorporation…
- § 4733 No shareholder of any corporation formed pursuant to this article shall receive or accept from the corporation in repayment of his investment in its shares any…
- § 4734 Any corporation formed pursuant to this article may, if so authorized by the Commissioner of Financial Protection and Innovation, borrow money from or sell,…
- § 4735 Any corporation operating in or upon forests or forest lands of this state which borrows money from any corporation or agency established under the authority…
- § 4736 No operation of a corporation operating pursuant to this article, involving the cutting of timber or other work upon forest lands shall be commenced without…
- § 4737 The board shall make regular examination of the properties of such corporations during the operating season at intervals of not more than two months apart.…
- § 4738 The operation of any corporation formed pursuant to this article shall, in addition to the requirements of this article, be subject to any stipulations or…
ARTICLE 8. Wildland Fire Prevention and Vegetation Management §§ 4740–4743 · 4 sections
- § 4740 The Legislature hereby finds and declares all of the following: (a) The department has extensive technical expertise in wildland fire prevention and vegetation…
- § 4741 (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and…
- § 4742 (a) The state recognizes the problem of recruitment and retention of foresters who engage in fuel reduction at the department. Due to the continuing need to…
- § 4743 (a) For purposes of this section, “environmentally sensitive vegetation management” means vegetation management that reduces catastrophic wildfire risk over…
ARTICLE 9. Sudden Oak Death Management Act of 2002 §§ 4750–4750.7 · 8 sections
- § 4750 This article shall be known and may be cited as the Sudden Oak Death Management Act of 2002.
- § 4750.1 The Legislature finds and declares all of the following: (a) The need for expanding the current efforts to slow the spread of sudden oak death grows more…
- § 4750.2 As used in this article, “task force” means the California Oak Mortality Task Force.
- § 4750.3 It is hereby declared to be the policy of the state, to the extent feasible, to stop the spread of sudden oak death and conserve oak trees and other plant…
- § 4750.4 (a) (1) The department shall implement a program to detect, remove, and treat, if possible, trees infected with Phytophthora ramorum. This program shall…
- § 4750.5 (a) The department shall provide information and technical assistance to cities, counties, districts, regional entities, homeowner neighborhood groups, and…
- § 4750.6 The director, with advice from the task force, may enter into contracts to provide assistance for project costs associated with the implementation of this…
- § 4750.7 (a) (1) The Department of Forestry and Fire Protection shall expend funds, subject to appropriation in the Budget Act, on sudden oak death management…
ARTICLE 10. Conservation Easements on Forested Lands §§ 4751–4752 · 2 sections
- § 4751 (a) (1) Except as provided in Section 4752, this section shall apply to any conservation easement, as defined in Section 815.1 of the Civil Code, contracted…
- § 4752 For any conservation easement purchased with state funds on or after January 1, 2019, to December 31, 2022, inclusive, wherein land subject to the easement…
ARTICLE 11. California Wildfire and Forest Resilience Action Plan Goals §§ 4770–4771.6 · 3 sections
- § 4770 For purposes of this article, “task force” has the same meaning as the task force described in Section 4005.
- § 4771 (a) On January 1, 2022, the task force, including, but not limited to, the Natural Resources Agency, the California Environmental Protection Agency, the Office…
- § 4771.6 (a) On or before June 30, 2025, the task force, in consultation with the Range Management Advisory Committee of the State Board of Forestry and Fire…
CHAPTER 11. Range and Forage Lands §§ 4781–4788 · 8 sections
ARTICLE 2. Land Protection and Improvement §§ 4781–4788 · 8 sections
- § 4781 The people of the state have a direct interest in the protection and improvement of public and private lands which are principally used or useful for range or…
- § 4782 This article shall be administered by the department.
- § 4783 The department may enter into contracts or cooperative agreements with any person, firm, public or private corporation, district, or municipal corporation, or…
- § 4784 In furtherance of such contracts and agreements, and also independently of them, the department shall engage in experimental land clearance and revegetation of…
- § 4785 The department shall from time to time prepare reports setting forth data as to experiments conducted and the department’s findings and conclusions with…
- § 4786 In making such experiments and in conducting or supervising land clearance pursuant to the agreements or contracts contemplated by this article, the department…
- § 4787 The department, with the approval of the board, may make such regulations as are necessary to effectuate the purposes of this article.
- § 4788 The department may accept contributions of money from any private source to carry out the powers and duties imposed upon it by this article.
CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 §§ 4789–4789.7 · 8 sections
- § 4789 This chapter shall be known and may be cited as the Forest and Rangeland Resources Assessment and Policy Act of 1977.
- § 4789.1 The Legislature finds and declares as follows: (a) The forest resources of California provide vitally important economic and environmental benefits to the…
- § 4789.2 As used in this chapter: (a) “Board” means the State Board of Forestry and Fire Protection. (b) “Resources Planning Act” means the Forest and Rangelands…
- § 4789.3 (a) Under policy guidance from the board and in consultation with the Secretary of the Resources Agency, the director shall prepare and submit to the board and…
- § 4789.4 (a) Based on a review of the assessment prepared pursuant to Section 4789.3, and consistent with Sections 740 and 4513, the board shall prepare a forest…
- § 4789.5 The board shall hold public hearings on the assessment and the proposed policy statement prepared pursuant to Sections 4789.3 and 4789.4.
- § 4789.6 (a) The board, assisted by the director, shall biennially determine state needs for forest management research and recommend the conduct of needed projects to…
- § 4789.7 (a) The director shall convey the assessment and its updates to federal agencies charged with managing public land within the state. (b) To assure the…
PART 2.5. FOREST RESOURCES §§ 4790–4812 · 36 sections
CHAPTER 1. Forest Resources Improvement §§ 4790–4799.05 · 18 sections
- § 4790 The Legislature finds and declares that: (a) Forest lands, while often managed to produce wood fiber for building materials and paper manufacture, also provide…
- § 4790.5 The Legislature further declares that, except as specifically provided in this chapter the state shall not claim any right, title, or interest in the land,…
- § 4791 The purpose of this chapter is to encourage private and public investments in, and an improved management of, forest lands and resources within the state to…
- § 4792 In furtherance of the purposes of this chapter, the department is authorized to enter into agreements and make loans and otherwise carry out the purposes of…
- § 4793 As used in this chapter: (a) “A county with high unemployment” means a county with an annual unemployment rate, as reported by the Employment Development…
- § 4794 (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes: (1) Preparation of…
- § 4795 (a) The director may enter into agreements with eligible landowners pursuant to which the landowner will undertake forest resource improvement work in return…
- § 4795.5 A forest landowner who has entered into an undue hardship agreement with the Controller for the payment of inheritance taxes pursuant to Section 14143.5 of the…
- § 4796 (a) The director may make the following types of loans relating to forest resource improvement projects: (1) The director may make loans for forest resource…
- § 4797 To be eligible for participation in an agreement pursuant to Section 4795 or loan pursuant to Section 4796, the following conditions must be met: (a) The…
- § 4797.5 (a) Any cost share payments advanced pursuant to Section 4795 shall be refunded to the director in the event of either: (1) The filing of an application for…
- § 4798 Cost share payments or loans pursuant to this chapter may be made for forest resource improvement work which is also the subject of payments or other…
- § 4799 In addition to the requirements of Section 4797, to be eligible to participate in agreements pursuant to Section 4795, or receive loans pursuant to Section…
- § 4799.01 (a) When allocating available funds among projects proposed pursuant to this chapter, the director shall select those projects that, in the judgment of the…
- § 4799.02 To carry out the provisions of this chapter and to facilitate participation in the program authorized by this chapter, the director may promulgate such…
- § 4799.03 (a) The director shall work cooperatively with other public agencies of local, state, and federal government to encourage such agencies to undertake forest…
- § 4799.04 To effectuate the purposes of this chapter, the department is authorized to: (a) Collect or contract for adequate supplies of high-quality seed and take…
- § 4799.05 (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or…
CHAPTER 2. Urban Forestry §§ 4799.06–4799.12.1 · 9 sections
- § 4799.06 This chapter shall be known and may be cited as the California Urban Forestry Act of 1978.
- § 4799.07 The Legislature finds and declares that: (a) Trees are a vital resource in the urban environment and as an important psychological link with nature for the…
- § 4799.08 (a) The purpose of this chapter is to: (1) Promote the use of urban forest resources for purposes of increasing integrated projects with multiple benefits in…
- § 4799.09 As used in this chapter the following terms have the following meanings: (a) “Disadvantaged community” means a community identified as a disadvantaged…
- § 4799.10 (a) (1) The department shall implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated,…
- § 4799.10.2 (a) (1) The department shall complete a statewide strategic plan, in consultation with nonprofit organizations, cities, counties, other local governments of…
- § 4799.11 (a) The department shall provide technical assistance to urban areas with respect to all of the following: (1) Planning for regional, county, and local land…
- § 4799.12 The director, with advice from other appropriate state agencies and interested parties, may make grants to provide assistance of 25 to 90 percent of costs for…
- § 4799.12.1 (a) Moneys appropriated from the California Community and Neighborhood Tree Voluntary Tax Contribution Fund, established pursuant to Section 18735 of the…
CHAPTER 3. Forest Resources Improvement Fund § 4799.13 · 1 section
- § 4799.13 (a) There is hereby created in the State Treasury, the Forest Resources Improvement Fund. The money in the Forest Resources Improvement Fund may only be…
CHAPTER 4. Energy Production §§ 4799.14–4799.16 · 3 sections
- § 4799.14 The department is authorized to conduct surveys, studies, and research concerning the economic and environmental costs, benefits, and feasibility of utilizing…
- § 4799.15 The department is further authorized to provide technical and other assistance to public and private agencies and persons with respect to forest management,…
- § 4799.16 The department shall coordinate its activities and cooperate with the State Energy Resources Conservation and Development Commission in the development of…
CHAPTER 5. Timberland Wildlife Study §§ 4800–4805 · 2 sections
- § 4800 It is the intent of the Legislature, in enacting this chapter, to do all of the following: (a) To provide coordination on wildlife and timberland issues within…
- § 4805 (a) The director shall establish a schedule of user fees for persons using the department’s data base developed pursuant to Section 4802, which does not exceed…
CHAPTER 6. Good Neighbor Authority Program §§ 4810–4812 · 3 sections
- § 4810 For purpose of this chapter, the following terms shall apply: (a) “Agreement” means the Good Neighbor Authority Agreement entered into between the state and…
- § 4811 (a) There is continued in existence in the State Treasury the Good Neighbor Authority Fund, originally established pursuant to Chapter 18 of the Statutes of…
- § 4812 (a) Under an agreement between the state and the federal government, the Secretary of the Natural Resources Agency shall establish a program for purposes of…
PART 3. LUMBER, LOGS AND TIMBER §§ 4851–4879 · 9 sections
CHAPTER 1. Floating Lumber §§ 4851–4855 · 5 sections
- § 4851 As used in this article, “lumber” means all timber, whether in logs, boards, planks, or beams, and whether in rafts or otherwise. It does not include the sort…
- § 4852 Whenever any lumber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the lumber may remove it on…
- § 4853 If the owner of the lumber does not, within three months from the time it was so drifted, take the lumber away, the owner or occupant of the land shall deliver…
- § 4854 When sold, the proceeds of the lumber shall be applied first to the payment of the charges of sale and in liquidation of the expenses and damages awarded to…
- § 4855 The rejection by the judge of any claimant’s right to the proceeds is conclusive, unless within six months thereafter the claimant commences action to obtain…
CHAPTER 2. Marking Logs and Timber §§ 4875–4879 · 4 sections
- § 4875 In all cases where two or more persons, firms, or corporations are engaged in or intend to engage in putting or placing logs or timber into any navigable water…
- § 4877 Any log or timber which has any such recorded mark impressed on it shall be presumed to belong to the person, firm, or corporation in whose name the mark has…
- § 4878 Every person, firm, or corporation that neglects to have his or its mark or marks recorded, as provided by Section 4875, is debarred from all benefits arising…
- § 4879 It is unlawful for any person, firm, or corporation, except boom companies which may be required or compelled to catch and hold logs or timber, to take up or…
PART 4. CONSERVATION AND TRAINING PROGRAM §§ 4951–4958 · 6 sections
CHAPTER 1. California Conservation Camp Program §§ 4951–4958 · 6 sections
- § 4951 In enacting this chapter, it is the purpose of the Legislature to declare the existence of a California Conservation Camp program to provide for the training…
- § 4952 As used in this chapter “California Conservation Camps” or “camps” means any camps now or hereafter established, as provided by law, for the purpose of…
- § 4953 (a) The department shall utilize inmates and wards assigned to conservation camps in performing fire prevention, fire control, and other work of the…
- § 4956 The conditions of work to be performed under such contracts or agreements shall be consistent with the requirements, as determined by the Director of…
- § 4957 Conservation camp inmates and wards may be utilized in the rescue of lost or injured persons, the saving of life, and the protection of property. The…
- § 4958 Conservation camp inmates and wards may, upon the request of the appropriate public agency, be utilized in the performance of preventive maintenance or…