Loading (50 kb)...'

(continued)

Note: Authority cited: Sections 4201-4204, Public Resources Code. Reference: Sections 4201-4204, Public Resources Code.





s 1290. Application.
The provisions of this Article shall apply within railroad rights-of-way on forest, brush, and grass covered land throughout the state, annually commencing and ending on the dates set forth in 14 California Code of Regulations 1253 by geographic areas.

Note: Authority cited: Sections 4201-4204, Public Resources Code. Reference: Sections 4201-4204, Public Resources Code.





s 1291. Fire Protection Agreements.
Nothing contained in these regulations shall preempt any order or agreement in effect on the date of adoption of these regulations between an agency responsible for fire protection and an operator, so long as that order or agreement is not in conflict with the regulations contained in this article and is equivalent to or more restrictive than these regulations.

Note: Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code.





s 1292. Definitions.
The following definitions shall apply to this article unless the context clearly requires otherwise:
(a) "Agency Having Primary Responsibility for Fire Protection" means any public agency of the federal, state, county, city, city and county, or district government which is the primary agency responsible directly or through contract for fire prevention and suppression on lands within the jurisdiction of that agency.
(b) "Authorized Agent" means any employee of an agency having primary responsibility for fire protection who is authorized to enforce the state's Forest and Fire Laws.
(c) "Distance" shall in all cases herein mean horizontal distance and not slope distance.
(d) "Fire Hazard" means a condition resulting from a combination of factors of ease of ignition, heat yield, and rate of fire spread as influenced by particular vegetation and other flammable materials, weather and slope.
(e) "Flammable Material" shall include, but is not limited to, chips; sawdust; coal; leaves; needles; duff and other dead and desiccated vege tation; and ties which are rotten on exposed surfaces or excessively splintered to the extent they will readily ignite and propagate fire.
"Flammable Material" shall not include:
(1) wooden poles or towers and crossarms supporting switching circuits or other electrical power or communication conductors not subject to PRC 4292 or 4293;
(2) wooden ties except as provided above;
(3) wooden components of trestles, tunnels, and other structures;
(4) living trees, shrubs, and brush, provided that any dead and desiccated portions are removed so that such living trees, shrubs and brush are not easily ignited or able to propagate fire.
(f) "Forest-, Brush-, and Grass-Covered Land" means lands covered wholly or in part by timber (trees), brush (shrubs), grass (including grain) or other natural vegetation. Cultivated agricultural lands planted to crops other than grain are not included.
(g) "Operator" means the person or entity responsible for maintenance of the railroad right-of-way.
(h) "Order" means a written mandate issued by an authorized agent of a public agency having primary responsibility for fire prevention hazard reduction of the area to destroy, remove or modify any vegetation or other flammable material in order to reduce or eliminate an existing fire hazard on the railroad right-of-way, pursuant to this Article.
(i) "Railroad-Caused Fire" means those preventable fires resulting from operations upon railroad rights-of-way. May not include unpreventable fires such as caused by wrecks, bombs or natural causes (i.e. lightning).
(j) "Right-of-Way" means the strip of land, outside of yard limits, owned or controlled by the person or entity operating the railroad for a distance not exceeding 100 feet or to the property boundary measured at right angles to the axis of the rail at any given location. The distance shall be measured from the outermost rail on both sides of the mainline or mainlines, on sidings, and also includes intervening strips between sidings and mainlines.
(k) "Towpath" means a narrow strip of right-of-way adjacent to each side of ballast which is commonly referred to as the walkway and is normally kept clear for personnel safety and is not less than six feet from outside rail to outer edge.

Note: Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code.





s 1293. Minimum Standards.
Railroad rights-of-way shall be maintained in accordance with the following minimum fire hazard reduction standards:
(a) Area within ten (10) feet of outside rail, including ballast and towpath. The area must be kept clear of flammable material that by its physical arrangement or its accumulation is likely to contribute to the propagation of railroad-caused fires.
(b) Area within twenty-five (25) feet of outside of rail, including ballast and towpath. The minimum 10 foot standard will be extended to 25 feet if such an area has experienced one (1) or more preventable railroad-caused fire(s) in the previous five (5) years. An identified fire start area shall be maintained free of accumulation up to 25 feet as specified for 1/4 mile linear distance on either side of the fire start area and along both sides of the rail track.
(c) Culverts (Conduits) located on right-of-way. Inlet and outlet portals of culverts located within a distance of 25 feet from an outside rail must be kept clear of flammable material for a distance not less than five (5) feet.
(d) Tunnel portals. These areas must be kept clear of all flammable materials, not an integral part of such tunnel portals, for a minimum distance of 30-feet.

Note: Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code.





s 1294. Compliance Order.
When an inspection by an authorized agent reveals noncompliance of these minimum standards, an order shall be issued detailing abatement requirements as provided in Section 1295.

Note: Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code.





s 1295. Order Format.
An order to destroy, remove or modify vegetation or other flammable material, pursuant to P.R.C. 4296.5 shall be made substantially in the following format: (Name, Address and TelephoneNumber of Director's Agent or Agency having Primary responsibility for Fire Protection)
ORDER TO ABATE FIRE HAZARDS WITHIN RAILROAD RIGHT-OF-WAY

(Name and Address of Railroad Operator)
You are hereby ordered, pursuant to the provision of Section 4296.5 of the California Public Resources Code and in accordance with the provisions of Section 1290 through 1294 of Title 14, California Administrative Code, to abate (clearly describe the vegetation and/or other flammable materials to be abated.
Describe so that the area is clearly defined by width, which side of track or both and location by mile post and/or other identifiable landmark or physical feature).
Said hazard abatement is to be completed on or before_________________.
Failure to comply with the provision of this order is misdemeanor as provided by Section 4021 of the California Public Resources Code.
Signature of Authorized
Agent or Representative_________________________
Title____________________________
Date____________________________
At____________________________

Note: Authority cited: Section 4296.5, Public Resources Code. Reference: Section 4296.5, Public Resources Code.





s 1299. Defensible Space.
The intent of this regulation is to provide guidance for implementation of Public Resources Code 4291(a) and (b), and minimize the spread of fire within a 100 foot zone around a building or structure.
(a) A person that owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining any mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or any land that is covered with flammable material, and is within State Responsibility Area, shall do the following:
(1) Within 30 feet from each building or structure maintain a firebreak by removing and clearing away all flammable vegetation and other combustible growth pursuant to PRC s 4291(a). Single specimens of trees or other vegetation may be retained provided they are well-spaced, well-pruned, and create a condition that avoids spread of fire to other vegetation or to a building or structure.
(2) Within the 30 feet to 100 feet zone (Reduced Fuel Zone) from each building or structure (or to the property line, whichever is nearer to the structure), provide a fuelbreak by disrupting the vertical and/or horizontal continuity of flammable and combustible vegetation with the goal of reducing fire intensity, inhibiting fire in the crowns of trees, reducing the rate of fire spread, and providing a safer environment for firefighters to suppress wildfire pursuant to PRC s 4291(b).
(b) Any vegetation fuels identified as a fire hazard by the fire inspection official of the authority having jurisdiction shall be removed or modified provided it is required by subsection (a)(1) & (a)(2).
(c) Within the intent of the regulations, the fire inspection official of the authority having jurisdiction may approve alternative practices which provide for the same practical effects as the stated guidelines.
(d) Guidance for implementation of this regulation is contained in the publication: "General Guidelines for Creating Defensible Space" as published by the Board of Forestry and Fire Protection by resolution adopted on February 8, 2006.

Note: Authority cited: Sections 4102, 4125-4128 and 4291, Public Resources Code. Reference: Section 4291, Public Resources Code.





s 1300. Scope.
The provisions of this chapter apply to fire safety precautions for eliminating the potential of fire resulting from spontaneous combustion, other ignition sources, or wildfire escaping the forest product waste or residue storage, use, or disposal area.

Note: Authority cited: Section 4437, Public Resources Code. Reference: Section 4437, Public Resources Code.





s 1301. Methods of Disposal.

Note: Authority cited: Section 4437, Public Resources Code. Reference: Sections 4414.5, 4437, 4438, 4439 and 4440, Public Resources Code.





s 1302. Roads and Access.
Access to active fill disposal sites shall be by a road suitable for fire equipment at any time of the year.

Note: Authority cited: Section 4437, Public Resource Code. Reference: Sections 4437, 4438, 4439 and 4440, Public Resources Code .





s 1400. Abbreviations.
The following abbreviations are applicable throughout this Chapter.
(a) B&M Baseline and Meridian reference lines running in true EW and NS directions used in U.S. General Land Survey
(b) CAC: California Administrative Code
(c) cm: Centimeter(s)
(d) E: true cardinal direction East
(e) ha: hectare(s)
(f) m: meter(s)
(g) MD: Mount Diablo (used in combination with B&M)
(h) N: true cardinal direction North
(i) PRC: Public Resources Code
(j) R: Range: a row of townships, six miles in width, between two successive meridian lines of the U.S. General Land Survey
(k) S: true cardinal direction South
( l) Sec.: Section
(m) T: Township: a tier of ranges, six miles in length between two successive standard parallels as used in the U.S. General Land Survey
(n) W: true cardinal direction West.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Section 4656.1, Public Resources Code.





s 1400.5. Definitions.
The following definitions are applicable throughout Chapter 9 unless the context clearly requires otherwise.
(a) "Affiliate" means the purchaser's subsidiary, parent company, joint venture partner, entity, being a portion of the conglomerate of which the purchaser is a unit, or other entity under the purchaser's indirect control.
(b) "Board" means the California State Board of Forestry.
(c) "Campfire" means a fire used by one or more persons while camping, picnicking, recreating or working on state forest land, to provide any one or combination of the following: heat for cooking, heat for personal warmth, light and for ceremonial or aesthetic purposes. "Campfire" includes open fires and those fires contained within fireplaces and enclosed stoves with flues or chimneys, stoves using pressurized liquid or gaseous fluids, portable barbecue pits and braziers or space heating devices which are used outside any structure, trailer house or living accommodations mounted on a motor vehicle.
(d) "Camping" or camp means erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit, remaining overnight; or occupying an established campsite with a camper vehicle or camping equipment for the purpose of reserving the use of such campsite. The term also includes parking a camper vehicle or trailer and spending the night within, or within close proximity of said camper vehicle or trailer.
(e) "Designated camping area" means a location designated by the state forest manager as a camping area and marked by authorized signs to that effect. Unless otherwise delineated by fences or signs, a "designated camping area" shall include only the area developed for camping and provided with fireplaces or tables or both, and shall not include any adjacent areas not so developed for camping.
(f) "Department" means the California Department of Forestry.
(g) "Director" means the Director of Forestry.
(h) "Person" means and includes natural persons, firms, copartnerships, corporations, clubs, and all associations or combinations of persons whenever acting for themselves, by agent, servant, or employee.
(i) "Purchaser" means that person, company or entity who was the successful bidder, buyer, transferee or successor of state timber.
(j) "State forest" or forest means any portion of the state forest system administered by the Director.
(k) "State forest licensee" means any person authorized by a state forest manager or the superiors thereof, to engage in any of the following activities within a state forest:
(1) operate concessions serving the public,
(2) plant, protect, harvest or remove timber, other forest products or minerals,
(3) conduct experiments or otherwise engage in research or educational activity,
(4) or any other activity not listed above with written permission of the Director.
( l "State forest manager" means the state forest officer appointed by the Director to supervise the management and administration of a state forest or in the state forest manager's absence, the person designated by a state forest manager to act during his or her absence.
(m) "State forest officer" means employees of the Department of Forestry as designated by the Director, or such other persons as may be designated by the Director.
(n) "State timber" means any or all trees, logs or wood products from state-owned forests, which have not received primary manufacture to a size sawn on 4 sides to dimensions of 4 inches by 12 inches (10.2 cm by 30.5 cm), or less.
(o) "Substitution" means the replacing of state timber for unprocessed timber which, directly or indirectly, was exported to a foreign country from private lands owned or controlled by the purchaser within California in an area 200 miles (321.8 km) or less from the nearest boundary line of the state timber sale area from which state timber was removed. The distance will be determined via the shortest route of either public roads, railroads, or water route customarily used to transport forest products.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Section 4656.1, Public Resources Code.





s 1401. Camping Area.
Camping in state forests is restricted to designated camping areas. No person shall camp outside of a designated camping area unless that person or someone in attendance has in their possession a valid state forest campfire and special use permit. Failure to comply with the terms and conditions set forth on said permit shall render it invalid for purposes of this Section.





s 1402. Campfire Permits.
(a) No person shall prepare, ignite, maintain or use a campfire in any place other than a designated camping area unless that person or someone in attendance has in their possession a valid state forest campfire and special use permit. Failure to comply with the terms and conditions set forth on said permit shall render it invalid for purposes of this Section.
(b) No person shall prepare or ignite a campfire which is or will be unreasonably large and/or dangerous to the surrounding land, or maintain such a fire after having been ordered by a state forest officer to reduce or extinguish it.
(c) No person shall leave a campfire ignited, maintained or used by that person unattended.





s 1403. Occupancy Time Limits.
No person shall camp within any one state forest more than 14 days in any single visitation. Consistent with Section 4455 of Title 14, California Code of Regulation, General Occupancy by the same persons, equipment, or vehicles of any camping facility is limited to a total of 30 days in any calendar year in that State Forest. Exceptions may be granted by the state forest manger to persons engaged in official state business.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4643, 4645, 4646 and 4656.2, Public Resources Code.





s 1404. Reservations.
Individual campsites may not be reserved. The term "reserved" includes, but is not limited to, calling or writing in advance to obtain a campsite, a person occupying one or more campsites temporarily until another party arrives, placing camping equipment in a campsite prior to actual occupancy by another party, or other means of obtaining a campsite for a person or persons not actually present in the state forest.





s 1405. Conduct.
No person shall use threatening, abusive, boisterous, insulting or indecent language or make any indecent gesture in a state forest at such times and in such locations as to disturb other persons; nor shall any person conduct or participate in a disorderly assemblage. Clothing sufficient to conform to common standards of decency shall be worn at all times when the wearer is subject to public view.





s 1406. Assembly.
No person shall conduct a public assembly or demonstration except on permission of the state forest manager upon finding that the time, place and manner of such activity would not substantially interfere with the use of the state forest by the general public in the applicable area.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4656.1 and 4656.2, Public Resources Code.





s 1410. Nuisance.
No person shall erect any structure on or allow a campsite occupied by that person to become littered with refuse.





s 1411. Equipment.
No person shall occupy a site with camping equipment or vehicles prohibited by the state forest manager.





s 1412. Noise.
No person shall create noise which disturbs others in sleeping quarters or in campgrounds within a state forest between the hours of 11 p.m. and 6 a.m. daily. No person shall, at any time, use electronic equipment (other than that used in forest operations) including electrical speakers, radios, phonographs, or televisions which produces a sound that can be heard at more than 100 feet from the source.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4656.1 and 4656.2, Public Resources Code.





s 1413. Weapons.
(a) No person shall discharge any firearm, air or gas weapon, or bow and arrow in the vicinity of camps, residence sites, recreation grounds and areas, and over lakes or other bodies of water adjacent to or within such areas, whereby any person is exposed to injury as a result of such discharge.
(b) Without limiting the foregoing, no person shall discharge any of the above named weapons or any other weapon while within 150 yards (137.20 m) of any designated camping area.





s 1414. Soliciting.
No person shall sell or offer for sale any goods or services within a state forest unless licensed by the state forest manager.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4656.1 and 4656.2, Public Resources Code.





s 1415. Firewood.
Campers, picnickers and other recreational users may gather dead wood lying on the ground for use within the state forest. No person shall remove firewood or other forest products from any state forest without the written consent of the state forest manager.





s 1416. Defacing Plants.
(a) No person shall cut or deface live trees, or remove shrubs, plants or portions thereof, or destroy, deface or remove forest products of any description.
(b) Annual fruits of native plants such as gooseberries, elderberries and blackberries may be picked and empty conifer cones may be taken for non-commercial use.
(c) This section shall not apply to state forest licensees when acting within the scope of their authorization.





s 1417. Geological Features.
No person shall destroy, disturb, mutilate or remove earth, sand, gravel, oil, minerals, rocks or features of caves. This Section shall not apply to state forest licensees when acting within the scope of their authorization.





s 1418. Horticulture.
In order to control soil erosion, conserve water and preserve the natural condition of state forests, no person shall plant, tend or harvest within a state forest any herbs, flowers, vegetables, or fruits except as permitted by Section 1416(b). This section shall not apply to state forest licensees when acting within the scope of their authorization.





s 1419. Improvements.
No person shall mutilate, deface, damage or remove any table, bench, building, sign, marker, monument, fence, barrier, fountain, faucet, gate, lock, water storage tank or other structure, facility, equipment or property within a state forest.





s 1420. Unauthorized Signs.
No person shall cut, carve, paint, mark, post or otherwise affix in a state forest any bill, advertisement or inscription on any tree, natural geologic formation, fence, wall, building, monument or other property whether improved or unimproved. This section shall not apply to state forest licensees when acting within the scope of their authorization.





s 1421. Rubbish.
(a) No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish in a state forest except in a receptacle designated for that purpose.
(b) Without limiting the foregoing, no person shall vacate a camp-site without removing all of the above mentioned refuse thereon and depositing it in a receptacle designated for that purpose.





s 1422. Polluting Waters.
No person shall deposit, permit to pass into, or willingly allow any substance in any spring, stream, lake or other waters within a state forest which will tend to cause said waters to become unfit for human consumption, deleterious to fish and plant life, or which will destroy the aesthetic qualities of the waters. This section includes, but is not limited to, the washing of clothing or other materials, and the disposal of body or other wastes.





s 1423. Animal Waste.
Persons keeping dogs, cats or other animals within designated camping areas are responsible for removing and burying any and all droppings of said animal, and failure to do so within a reasonable time, or upon order of a state forest officer, shall constitute a violation of this Section.





s 1424. Pets.
(a) No person shall bring a dog, cat or other animal into a designated camping area unless it is confined, or in a vehicle, or upon a leash not longer than 6 feet (1.83 m), or otherwise under physical restrictive control at all times.
(b) No person shall keep within a state forest a dog or other animal which is noisy, vicious, dangerous or disturbing to other persons after having been ordered by a state forest officer to remove said animal from the state forest.





s 1425. Horses.
(a) No person shall bring saddle, pack or draft animals into a designated camping area unless it has been developed to accommodate them and is posted accordingly.
(b) No horse or other animal shall be hitched to any tree, shrub or structure in such a way that it may cause damage thereto.
(c) Persons bringing animals into a state forest are responsible for providing them with feed, and no person shall allow any saddle, pack or draft animal to graze on any portion of the state forest not specifically designated by the state forest manager as suitable for grazing purposes.





s 1426. Smoking.
Smoking on state forest land covered with flammable vegetation or ground litter while traveling on foot, cycle or domestic animal is prohibited between April 1 and December 1 of any year, and in areas posted against smoking. Smoking is permitted in the following locations: Within improved campground, inside vehicles on improved roads, in places of habitation, and while stopped in an area of at least 3 feet (0.91 m) in diameter cleared of flammable vegetation and ground litter, provided however when smoking within a 3 foot (0.91 m) clearing that all glowing substances are extinguished and discarded within the cleared area.





s 1427. Archeological Features.
No person shall collect or remove any object or thing of archeological or historical interest or value, nor shall any person injure, disfigure, deface or destroy the physical site, location or context in which the object or thing of archeological or historical interest or value is found.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4656.1, 4656.2 and 4656.3, Public Resources Code.





s 1430. Parking Time Limits.
The state forest manager may by order establish limits of time for the parking, storage, or leaving of vehicles, including trailers, in a state forest and in units or portions thereof. No person shall so park, store or leave a vehicle or trailer in contravention of such orders when such time limits have been posted in the area affected. Nothing herein shall be construed in derogation of other state forest regulations.





s 1431. Cross-Country Travel Prohibited.
Motor vehicles shall be operated only on roads and in parking areas constructed for motor vehicle use. Trail bikes, motorcycles, jeeps, pickups and other passenger carrying motor vehicles shall not be operated on any road or trail posted as closed to the public or to such use.





s 1432. Speed Limits.





s 1433. Vehicles in Camping Areas.
No person shall drive any motorbike, motorcycle or other motor vehicle on any roads within designated camping areas for any purpose other than access to, or egress from the area.





s 1435. Areas Closed to Hunting, Trapping, and the Use of Firearms.
The following areas are closed to hunting, trapping, and the use of firearms:
(a) Area in Tulare County.
The area approximately 440 acres (178.068 ha), more or less, located in Tulare County and described as follows: lying north, south, east and west of Balch Park being those parts of Sec. 36, T19S, R 30E., Sec. 31, T19S, R 31E, Sec. 6T 20S, R 31E, and Sec. 1 and 2, T20S, R30E, that are bounded as follows: from the intersection of the north line of said Sec. 1 with the Balch Park road northerly along this road to its junction with the Lace Meadow road; thence easterly along said Lace Meadow road to its intersection with the north line of the SE 1/4 of Sec. 36, T19S, R30E; thence east along said line to the Summit Road; thence southerly along the Summit road to its junction with the Balch Park road; thence southwesterly along the Balch Park road to its junction with the Bear Creek road; thence southwesterly along the Bear Creek road to its intersection with the south line of Sec. 2; thence along the south and west lines of the SE 1/4 of Sec. 2 to the old Coburn Mill road; thence along the Coburn Mill road to its intersection with the north line of the SE 1/4 of Sec. 2; thence east along the north line of the SE 1/4 of Sec. 2 to the quarter corner between Sec. 1 and 2; thence along the wst and north lines of the SE 1/4 of the NW 1/4 of Sec. 1 to the SW corner of the Balch Park property; and thence easterly and northeasterly, thence easterly, thence northerly, thence westerly, thence southerly, and finally westerly along the boundaries between Balch Park and the Mountain Home State Forest to the point of beginning. All townships are described from the MDB&M.
(b) Area in Mendocino County.
The areas located in Mendocino County and described as follows:
(1) Mendocino Woodlands area, approximately 3,000 acres (1214.100 ha), more or less. That portion of the Mendocino Woodlands area lying south and east of the Little Lake Mendocino (city) road, and south of Jackson State Forest road 740, being all of Sec. 13 and portions of Secs. 1, 11, 12, 14, 15, 22, 23, and 24 of T17N, R17W, and portions of Secs. 7, 18, 19 and 30 of T17N, R16W, all MDB&M.
(2) Parlin Fork Conservation Camp area, approximately 1,500 acres (607.500 ha), more or less. The E 1/2 of Sec. 32, T18N, R16W, MDB&M. All of Sec. 33, T18N, R16W, MDB&M. That portion of Sec. 4, T17N, R16W, MDB&M, lying north of state highway 20.
(3) Chamberlain Creek Conservation Camp area, approximately 1,020 acres (412.794 ha), more or less. All of Sec. 5, T17N, R15W, MDB&M; N 1/2 of Sec. 8, T17N, R15W, MDB&M; N 1/2 of Sec. 9, T17N, R15W, MDB&M.





s 1436. Areas Closed to Hunting and the Use of Firearms.
The following area is closed to hunting and the use of firearms:
(a) Area in Shasta County.
The area of approximately 320 acres (129.504 ha), being a portion of the Latour State Forest immediately surrounding the Latour Forest Headquarters and Forest Fire Station. Said lands being located in Shasta County and being described as follows: lying north and east of McMullen Mountain being the SE 1/4 of Sec. 1 and the NE 1/4 of Sec. 12, T32-N, R2-E, MDB&M.





s 1437. Fire Hazard.





s 1438. Temporary Restricted Use.
To insure the safety and health of persons, to avoid interference in development, construction, research and timber management, or to provide for the security, safeguarding and preservation of property within a state forest and portions thereof, a state forest manager or the superiors thereof may order an area closed to a particular activity for a period of time not to exceed 1 year.
(a) Notices prescribing the prohibited activity shall be posted in such locations as will reasonably bring them to the attention of the public.
(b) No person shall, while in the restricted area, engage in the activity so prohibited.





s 1439. Temporary Prohibited Area.
To insure the safety and health of persons, to avoid interference in development, construction, research and timber management, or to provide for the security, safeguarding and preservation of property within a state forest and portions thereof, a state forest manager or the superiors thereof may order any portions of a state forest closed to public use or entry for a period of time not to exceed 1 year.
(a) A copy of the order shall be posted at the state forest headquarters and may specify such reasonable classes of persons who may enter the closed area in the conduct of such proper activities or official duties as the forest manager or the superiors thereof may prescribe.
(b) Notices designating the area closed to entry shall be posted in such locations as will reasonably bring them to the attention of the public. Such notice may specify the period or periods of closure .
(c) During the period when an area is closed to public entry, only persons specifically authorized by the order of closure may enter or remain within the area so closed.
This section shall not be construed in derogation of any other state forest regulation.





s 1500. Purpose.





s 1501. General Requirements.





s 1502. Special Requirements.





s 1503. Consent of Permits or Leases.





s 1510. Harvesting and Management.
The harvesting of forest products from state forests and management of state forests shall follow management plans developed for each forest by the Director, and approved by the Board.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4645, 4651 and 4656.1, Public Resources Code.





s 1511. Timber Sales.
When selling timber from state forests as authorized by PRC 4650-4651, the Director shall comply with the requirements of the Department of General Services and Department of Finance pertaining to the sale of state property. Such timber sales shall be conducted and administered by the Director following procedures promulgated in the State Administrative Manual (SAM) for contracting and sale of state property.

Note: Authority cited: Section 4656.1, Public Resources Code. Reference: Sections 4651 and 4656.1, Public Resources Code.





s 1515. Bids Solicitation.
The Director, when selling or soliciting bids for sale of timber from state forests, shall condition the sale upon agreement of the purchaser that said timber will not be substituted for timber exported from private lands under control of the bidder, or affiliate.





s 1516. Non-Substitution Agreement.
Every purchaser of timber from state forests shall execute an agreement with the Director that said timber will not be substituted for timber exported from the purchaser's private lands.





s 1517. Notice of Removal.
The purchaser, before removal of timber from state forests, shall give written notice to the Director of any or all locations where said timber will be processed. Said notice shall be required for all of said timber until such time as the timber has been sawn to dimensions of 4 inches by 12 inches (10.2 cm by 30.5 cm) or less.





s 1518. Transfer Requirement.
Upon transfer of state timber not receiving primary manufacture, the purchaser shall require the transferee to agree to the same substitution restrictions as are imposed on purchaser. Within 5 days of said transfer, a copy of the agreement, together with location of intended processing of said timber, shall be delivered by purchaser to the Director.





s 1519. Preservation of Records.
Purchaser shall preserve for a period of 3 years, after conclusion of removal of timber from the state forest, all records pertaining to the use and disposition of the state timber and, upon request of the Director, make said records available for inspection by the Director.





s 1520. Violation.





s 1521. Notice of Violation and Review.
If the Director determines that a purchaser has violated any provision of these regulations, a Notice of Violation shall be sent be certified mail to purchaser with the further statement that purchaser shall be prohibited from purchasing state timber for a period of 5 years from the date of violation and said notice will designate the period of suspension of the timber operator permit, if any, not exceeding a period of 6 months from the date of notice. Within 30 days of said notice, purchaser may make written appeal to the Director for review. The Director, upon his or her option, may act on the appeal either by open hearing or submission of written documents and proof. A decision if the Director is final.


s 1525. General.
(a) The purpose of these procedures is to implement the California Forest Improvement Act of 1978 (Public Resources Code Sections 4790 through 4799.05, cited herein as "PRC ________"). Articles 1 through 8 of these procedures guide landowners participating in cost sharing agreements, RPFs employed by those landowners, and the Director when selecting projects and administering cost sharing agreements, and inform interested members of the public about the program.
(b) Due to the variety of forest conditions and diverse needs of forest landowners throughout the state, these procedures provide flexible standards which can apply in many situations. These standards are designed to give the Director the flexibility to select highly promising and badly needed forest resource improvement projects consistent with the provisions of the Act.

Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4790 and 4791, Public Resources Code.


s 1525.1. Statement of Intent.
The legislative intent for the California Forest Improvement Act of 1978 is contained in PRC Section 4791.
PRC 4799.02 requires the Director to adopt guidelines and procedures for landowners and Registered Professional Foresters (RPFs) participating in the program and for the Director when administering the program consistent with the findings and policies stated in the Act.
These procedures inform landowners, RPFs and the interested public regarding the qualifications necessary to participate in cost sharing agreements, the practices eligible for assistance through cost sharing agreements, the application procedures, and the responsibilities assumed when entering into such agreements, and guide the Director while selecting projects and implementing the program.

Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4790 and 4791, Public Resources Code.


s 1526. Abbreviations.
The following abbreviations apply throughout this chapter:
CAC: California Administrative Code.
CEQA: The California Environmental Quality Act of 1970, as amended, and administrative regulations pertaining thereto.
cm: centimeter (a metric unit of measure).
ha: hectare (a metric unit of measure).
m: meter (a metric unit of measure).
PRC: Public Resources Code.
RPF: Registered Professional Forester.

Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4793, Public Resources Code.


s 1526.1. Definitions.
The definitions contained in the California Forest Improvement Act of 1978 (commencing with PRC 4790) shall apply to this chapter as well as the definitions set forth below:
PRC Sec.
Containing
Ref. Def.
"Act" means the California Forest Improvement Act of 1978.
(Reference: Sections 4790-4799.05, Public Resources Code.)
"Applicant" means a landowner who has submitted an application for
a cost sharing agreement. (Reference: Section 4797, Public
Resources Code.)
"Board" 730
"Clean and Release" means weeding of unwanted competing vegetation
to provide more growing space and nutrients for young trees. See
the definition of "Precommercial Thinning" in this section and
"Youth Growth Stand Improvement" in PRC 4793(t). (Reference:
Sections 4793 and 4794.)
"Commercial species" means any tree species which can be planted,
raised and harvested for wood products at a profit. (Reference:
Section 4791, Public Resources Code.)
"Cost sharing agreement" means the writing wherein the participant
agrees to complete a project and in return the Director agrees to
provide a percentage of the total cost of the project.
(Reference: Section 4795, Public Resources Code.)
"Cost sharing payment" means funds advanced by the Director to a
participant pursuant to a cost sharing agreement. (Reference:
Section 4798, Public Resources Code.)
"County with high unemployment" 4793(a)
"Department" (Reference: Sections 4792 and 4794, Public Resources 700(a)
Code.)
700(b),
"Director" means the Director of Forestry or his/her duly 701, 709
authorized representative. (Reference: Sections 4790-4799.05,
Public Resources Code.)
"Eligible landowner" means a landowner meeting the requirements of
PRC 4793(b) and these procedures. (Reference: Section 4793,
Public Resources Code.)
"Fiscal Year" means the twelve month period beginning July 1 of one
calendar year and ending June 30 of the following calendar year.
(Reference: Section 4799.02(k), Public Resources Code.)
"Fish and wildlife habitat improvements" 4793(b)
"Followup work" 4793(d)
"Forest land" means land of the type historically used as 4793(e)
commercial forest land and meeting the requirements of PRC
4793(e).
"Forest land conservation measures" 4793(f)
"Forest land with demonstrated potential for improved forest 4793(g)
resource management"
"Forest Resources" 4793(h)
"Guidelines" means the resource protection guidelines set forth in
Article 8 of this subchapter. (Reference: Section 4799.02, Public
Resources Code.)
"Intermittent stream" see "stream" this section.
"Lake" means a permanent natural body of water of any size or an
artificially impounded body of water having a surface area of at
least one acre (.405 ha), isolated from the sea, and having an
area of open water of sufficient depth and permanency to prevent
complete coverage by rooted aquatic plants. (Reference: Section
4551.5, Public Resources Code.)
"Management plan" means a long-term forest and land management plan
satisfying PRC 4799. (Reference: Section 4799(1), Public
Resources Code.)
"Parcel" means a unit of land delineated by a County Assessor for
tax purposes in the county where the project is or will take
place. (Reference: Section 4797(e)(1)-(2), Public Resources
Code.)
"Participant" means a landowner who has entered into a cost sharing
agreement with the Director. (Reference: Section 4795, Public
Resources Code.)
"Perennial stream;" see "stream" this section.
"Person" 4793(m)
"Practices" means those categories of forest resource improvement
work listed in PRC 4794 and 14 CAC 1527 as eligible for
assistance through cost sharing agreements. (Reference: Section
4794, Public Resources Code.)
"Precommercial thinning" means the reduction of the number of stems
in an overcrowded young stand of commercial trees to a
pre-determined number, spacing, or basal area to achieve a
reasonably optimum rate of growth to meet management objectives.
This concept also may include the incidental removal of
non-commercial trees or other unwanted competing woody
vegetation. (Reference: Section 4794, Public Resources Code.)
"Prevailing cost" means the maximum compensation allowed for
activities addressed in 14 CAC 1527(a) (2), (3), (4), (5) and (7)
as adopted by the Board pursuant to 14 CAC 1530.1.
"Procedures" means Chapter 9.5 of Division 1.5, Title 14,
California Administrative Code, 14 CAC 1525-1545.8. (Reference:
Section 4799.02, Public Resources Code.)
"Program" means all the Director's activities relating to the
selection and administration of projects. (Reference: Sections
4790.5 and 4792, Public Resources Code.)
"Project" means a forest resource improvement project. (Reference:
Section 4799.02, Public Resources Code.)
"Project area" means the lands included for treatment by any
eligible practice except writing a management plan. (Reference:
Section 4799.02, Public Resources Code.)
"Reforestation" 4793(o)
"Registered Professional Forester" means a person who holds a valid
license as a professional forester. (Reference: Sections 750-783,
Public Resources Code.)
"Restocked" 4793(p)
"Slash" means branches, limbs or stems less than 4 inches (10.2 cm) 4525.7
in diameter left on the ground as a result of the project.
"Small business entity" 4793(q)
"Snag" means a standing dead tree or a standing section thereof,
regardless of species. (Reference: Title 14, California
Administrative Code, Section 895.1.)
"Special Treatment Areas" mean specific areas that have been
legally designated and described by the appropriate public agency
or commission as: Wild and scenic rivers, scenic highways,
historical and archaeological sites (excepting old logging sites,
abandoned railroad grades, mills or towns), ecological reserves,
key habitat areas of endangered species of plants and animals;
national, state, regional, county and municipal parks; and those
areas within 200 feet (60.96 m), as measured along the surface of
the ground from the established bound aries of such areas or the
edge of the traveled surface of such highways. It is not the
intent of these provisions to include within the meaning of
"special treatment areas" any riding, hiking or other
recreational trails including, but not limited to, the Pacific
Crest Trail. (Reference: Title 14, California Administrative Code
Section 895.1.)
"Stream" means a natural perennial or intermittent water course as
designated by a solid line or dash and three dots symbol on the
largest scale United States Geological Survey map most recently
published or as corrected on the management plan map to reflect
conditions as they actually exist on the ground. (Reference:
Section 4799, Public Resources Code.)
"Stream and lake protection zone" means the strip of land around
lakes and on each side of streams 50 feet (15.24 m), slope
distance, from the stream or lake transition line. (Reference:
Section 4799, Public Resources Code.)
"Stream and lake transition line" means that line closest to the
stream or lake where riparian vegetation is permanently
established. (Reference: Section 4562.7, Public Resources Code.)
"Substantially damaged" means areas of forest land of 3 contiguous
acres (1.214 contiguous ha) or more whereon wildfire, insects,
disease, wind, flood or other substantial damage caused by an act
of God reduces stocking below the requirements of PRC 4561 and
applicable administrative regulations. (Reference: Title 14,
California Administrative Code Section 895.1.)
"Substantial deviation" means an important or fundamental change in
the proposed project including changes in:
(a) the area to be treated by any practice;
(b) practices proposed for the project;
(c) measures designed to mitigate impacts of a proposed project.
(Reference: Section 4799.02, Public Resources Code.)
"Timberland protection zone" means the land use zone established
pursuant to the provisions of Chapter 6.7 (commencing with
Section 51100) of Part I of Division I of Title V of the
Government Code. (Reference: Section 4795.5(a), Public Resources
Code.)
"Uses incompatible with forest resource management" 4793(s)
"Wet meadows, marshes and other wet areas" means those natural
areas except cutover lands as defined in PRC 4522.5 that are
moist on the surface throughout most of the year and support
exotic vegetation, grasses and forbs. (Reference: Section 4799,
Public Resources Code.)
"Zone" means a land use zone designated by the county where the
project is or will take place. (Reference: Section 4799.02,
Public Resources Code.)


Note: Authority cited: Section 4799.02, Public Resources Code . Reference: Sections 700, 701, 709, 730, 750-783, 4523, 4525.7, 4531, 4551.5, 4562.7 and 4790-4799.05, Public Resources Code.


s 1527. Eligible and Ineligible Practices.
(a) The following practices and combinations thereof as set forth in PRC 4794 are eligible for assistance through cost sharing agreements if they are completed in accordance with these procedures and the conditions of a cost sharing agreement:
(1) Preparation of management plans and addendums to management plans satisfying 14 CAC 1529.1.
(2) Site preparation as necessary to establish desirable tree species. Mechanical, chemical, and manual methods will be permitted to control and/or remove competing brush and hardwood species. Other methods include but are not limited to prescribed burning of brush and slash, and soil preparation such as plowing, discing, and fertilizing.
(3) Provision and planting of seed and seedlings of commercial tree species. Costs of said seed and seedlings from public and private nurseries are eligible for cost sharing. Planting includes manual and mechanical planting of seed and seedlings and subsequent protection of those seed and seedlings.
(4) Stand improvement within young growth stands of commercial tree species including clean and release or precommercial thinning of overstocked stands to provide more growing space for healthier stems.
(5) Forest land conservation measures including but not limited to erosion control, revegetation, road closure and stabilization of abandoned roadbeds, and improvement of drainage facilities for the purpose of reducing soil erosion and sedimentation.
(6) Fish and wildlife habitat improvement work including but not limited to stream clearance, reestablishment of desirable vegetation along stream channels and elsewhere, measures to encourage habitat diversity, restoration of anadromous fisheries, and fencing to protect wet areas and other key wildlife habitat areas from livestock.
(7) Followup work includes those practices necessary to promote the survival of seed or seedlings planted or protection or enhancement of other practices undertaken as part of a prior project pursuant to the Act and these procedures.
(b) The following categories of work are not eligible for cost sharing even if one or more may be required to make a project serve its purpose:
(1) Fencing practices designed to protect the forest stand from livestock.
(2) Practices designed to protect the forest stand from fire.
(3) Costs of using land and water including but not limited to irrigation systems, spring development and water resource improvement.
(4) Road construction.
(5) Practices intended solely to produce Christmas trees or greenery.
(6) Projects designed solely for the production of fuelwood.

Note: Authority cited: Sections 4794 and 4799.02, Public Resources Code. Reference: Section 4794, Public Resources Code.


s 1527.1. Project Eligibility.
A proposed project must satisfy the following conditions to be eligible for a cost sharing agreement: (continued)