CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511. - 4630.2.]
Chapter 8 repealed and added by Stats. 1973, Ch. 880.
§§ 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…