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(a) The practices proposed to be financed by the cost sharing agreement are designated by 14 CAC 1527 as eligible for cost sharing.
(b) The eligibility conditions for cost sharing agreements set forth in PRC 4797 are satisfied.
(c) The application requirements of PRC 4799 and 14 CAC 1529.1 are satisfied.
(d) The application for the cost sharing agreement has been approved by the Director and signed by the participant before the participant begins any practice to be financed by the agreement except preparing a management plan.
(e) To be eligible for a contract, of the type referenced in PRC Section 4797, the land proposed for the project must be forest land with demonstrated potential for improved forest resource management according to the following criteria:
(1) The area of land owned by the applicant within and contiguous to the project is 20 acres (8.094 ha) or more. This limitation does not apply to projects which involve only forest land conservation practices and fish and wildlife habitat improvement practices.
(2) The area proposed for a project which involves timber related practices described in paragraphs (2), (3), (4), or (7) of 14 CAC 1527(a) is 5 acres (2.034 ha) or more.
(3) There are no known factors which prohibit any of the practices proposed and, if the proposed project involves timber related practices described in paragraphs (2), (3), (4), or (7) of 14 CAC 527(a), there are no factors which foreseeably may prohibit the eventual harvest of commercial forest products from the project area.
(f) "Adversely affected" land under Section 4794(d)(1) includes, but is not limited to, timberland adjacent to (but which is not itself) burned timberland from which burned timber is not immediately removed.
Note: Authority cited: Sections 4799.02, 4794 and 4797, Public Resources Code. Reference: Sections 4794(d), 4795, 4797, 4799 and 4799.01, Public Resources Code.
s 1529. General.
(a) PRC 4799 (b) requires that an applicant submit a managementplan satisfying the requirements of the Director as expressed in 14 CAC 1529.1 before the Director may approve a cost sharing agreement with the applicant. The applicant may do either of the following to satisfy this requirement:
(1) The applicant may provide a management plan as part of an application for a project. In this case the preparation of the plan shall not be financed with cost sharing payments.
(2) The applicant may notify the Director of his/her intent to apply for a cost sharing agreement to finance a project and the applicant shall certify that a management plan has not been prepared for the area proposed for the project. Upon such notification and certification, the Director shall give to the applicant a set of guidelines specifying the contents of management plan. The applicant may then submit the management plan at his/her own expense as part of an application for a cost sharing agreement to finance the preparation of the plan and at least one other eligible practice. Only upon the Director's approval of the project may the applicant be reimbursed for the cost of providing the management plan.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799, Public Resources Code.
s 1529.1. Application and Management Plan.
A landowner applying for a cost sharing agreement to finance a project shall submit an application on a form approved by the Director to the appropriate Department office. The application form shall request the following:
(a) Information necessary to identify the applicant and the area proposed for the project.
(b) The current use and zoning of the area proposed for the project.
(c) A description of the proposed project including but not limited to the number of acres to be treated by each practice.
(d) A project budget including but not limited to whether the applicant's share of the project cost will be made through contribution of materials, services, and/or direct cost payments.
(e) General and environmental information that the Director judges necessary to evaluate proposed projects.
(f) A long term forest and land management plan satisfying PRC 4799(a) and guidelines approved by the Director. These guidelines shall specify that management plans include such maps and descriptive material necessary to:
(1) Determine if the proposed project will achieve the landowner's objectives and the purposes of the Act, California Environmental Quality Act (CEQA), and other state laws.
(2) Evaluate the potential of the project area for improved management of all forest resources and the environment including, but not limited to recreation, soils, timber, water, and fish and wildlife.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
s 1530. Cost Sharing Schedules.
When the Director enters into agreements with landowners pursuant to the provisions of PRC Section 4795, he/she may share 80% of the lesser of either:
(a) The landowner's actual cost to accomplish the project or;
(b) The prevailing cost of the practices proposed for the project as determined by the Director according to 14 CAC 1530.1, or 90% of either of the same if the applicant satisfies any one of the following four conditions:
(1) The applicant owns less than 500 acres (202.350 ha) of forest land in California.
(2) Ten percent or more of the total cost of the project will be devoted to forest land conservation measures and/or fish and wildlife habitat improvement practices.
(3) The project or other actions of the landowner will increase recreational opportunities for the public.
(4) The project will be carried out primarily by persons living in the county or in counties adjacent to where the project will take place.
Note: Authority cited: Sections 4799.02 and 4795, Public Resources Code. Reference: Section 4795, Public Resources Code.
s 1530.1. Prevailing Costs.
By April 15 each fiscal year, the Director shall submit to the Board for its review a schedule of the prevailing costs of performing the practices eligible for cost sharing payments in various regions of the state. The schedule shall apply to all cost sharing agreements signed in the next fiscal year. At any time, the Director may submit amendments in the schedule to the Board for its review; such changes shall become effective upon Board approval or 75 days after submission to the Board unless the Board acts to change such amendments.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4795, Public Resources Code.
s 1532. Application Review and Filing.
(a) The Director shall continuously accept for review applications for cost sharing agreements to finance projects as long as there is reasonable assurance that funds will be available to finance such agreements.
(b) Only when an application is complete and the proposed project is eligible for a cost sharing agreement shall the Director file the application.
(c) When the Director finds an application incomplete or that the proposed project is not eligible for a cost sharing agreement, the application shall be returned to the applicant stating what additional information is needed and the reasons that the proposed project is not eligible for a cost sharing agreement.
Note: Authority cited: Section 4799.02, Public Resources Code . Reference: Section 4799.01, Public Resources Code.
s 1532.1. Public Notice of Project Application.
The Director may provide public notice above and beyond that already required by CEQA by sending copies of filed applications to the Department of Fish and Game, the Department of Parks and Recreation, the appropriate county planning agency, and California Regional Water Quality Control Board, any other agency with responsibilities related to the project, and the interested public.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
s 1532.2. Preliminary Project Review.
(a) The Director shall conduct a preliminary review of each project proposed in a filed application by inspecting the project area and undertaking the environmental evaluation required by CEQA to determine that the applicant, the parcel, and the specific practices proposed for the project satisfy the purposes and criteria set forth in the Act, these procedures, CEQA, and all other applicable state laws, regulations, and administrative procedures.
(b) If the Director is unable to make the determination set forth in paragraph (a) of this section, then the Director shall return the application to the applicant and state the additional conditions, if any, under which the Director would be able to make such a determination. Upon receiving the returned application, the applicant may either:
(1) Incorporate such additional conditions into the proposed project and resubmit the application for preliminary review, or;
(2) Request that the Director personally reconsider his or her decision as provided in Article 7 (14 CAC 1540 through 1542).
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
s 1533. Ranking and Approval of Filed Applications.
The Director shall periodically rank all filed applications for cost sharing agreements according to the following priority rating table. The Director may then approve filed applications in order of priority, giving consideration to administrative constraints such as seasonal variations in applications and the availability of funds that might apply to different types of projects. The Director may give preference to proposed projects which consist only of forest land conservation practices and fish and wildlife habitat improvement practices to the extent necessary to comply with PRC 4794(c).
Priority Rating Table
Factor Priority Rating
1. Site Productivity [FN1] to be used only for forestry
practices.
Site I 10
Site II 8
Site III 6
Site IV 4
Site V 1
2. Proposed project cost as a percentage of maximum prevailing
cost for project.
Less than 50% 5
51-60% 4
61-70% 3
71-80% 2
81-90% 1
3. Management Plan Cost as a percentage of total project cost.
10% or less 5
11-20% 3
21 + % 1
4. Zoning of Project Area
Timberland Production Zone 5
Open Space General (20 acre 3
minimum)
Other 1
5. Project area timberland substantially damaged by fire, 5
insects, disease, or other natural causes within 36 months.
[FN2]
6. Percent of the cost of the project that will be devoted to
forest land conservation practices or fish and wildlife
habitat improvement practices.
10 + % 5
5-10% 3
1-5% 1
7. The landowner owns less than 500 acres (202.350 ha) of 5
forest land in California.
8. The applicant agrees to offer recreational opportunities 1
for the public.
9. A small business entity will carry out the proposed 1
project3
10. The project involves follow-up work that is necessary to 1
protect investments of a previous project
1. The project is located in a county with high unemployment [FN4]
3
12. The project offers relatively more employment opportunities [FN5]
1
13. The project will be carried out by persons living in the county or om
counties adjacent to the county where the project will take place.
1
FN1 Timber site classification will be determined in the management plan
according to 14 CAC 1060. Rating shall reflect a weighted average of all
sites on the project area. Timber site classification will be determined in
the management plan according to 14 CAC 1060. Rating shall reflect a weighted
average of all sites on the project area.
FN2 Criteria for substantially damaged lands specified in 14 CAC 1085.1.
FN3 See PRC 4793(q) for a definition of small business entity.
FN4 See PRC 4793(a) for a definition of a county with high unemployment.
FN5 A project shall offer relatively more employment opportunities if the
product of the number of man-hours per dollar of project cost and the
proportion of the project devoted to wages and salaries is greater than the
average of the same product for all projects being considered at the same
time. Man-hours and reimbursements relative to RPF services shall be excluded
from the calculation.
Note: Authority cited: Section 4799.02, Public Resources Code . Reference: Section 4799.01, Public Resources Code.
s 1535. Applicant Notification.
The Director shall notify all applicants that their applications were approved or rejected. An applicant whose application was rejected may either resubmit the application according to 14 CAC 1533 if there are no substantial deviations in the proposed project or request that the Director personally reconsider the decision as set forth in Article 7 (14 CAC 1540 through 1542).
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.02, Public Resources Code.
s 1535.1. Cost Sharing Agreements.
Cost sharing agreements financing projects shall:
(a) Comply with all state laws, regulations, and administrative procedures;
(b) State that the Director may inspect the project area at any time to assure compliance with the agreement;
(c) State that the Director may take action necessary to recover funds as specified in 14 CAC 1542 and PRC 4797.5.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4795 and 4797.5, Public Resources Code.
s 1536. Project Completion Report.
A participant shall submit a Project Completion Report to the Director upon completion of the project or any component thereof eligible for in-progress payments as specified in the cost sharing agreement. The Project Completion Report shall include all itemized invoices for practices financed by the cost sharing agreement, including where applicable, an itemized account of all costs incurred by the participant in services, equipment, and cash expenditures while completing the practices specified in the cost-sharing agreement.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4795, Public Resources Code.
s 1536.1. On-Site Inspection.
The Director shall inspect the project:
(a) Whenever the landowner submits a Project Completion Report;
(b) Whenever a participant requests to change the terms or conditions of a cost sharing agreement;
(c) Before disbursing any cost sharing payments or requesting any refunds upon termination or amendment of agreements, or bringing legal action for violation of any agreement.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4795, Public Resources Code.
s 1540. Return of Application.
Whenever the Director rejects a final application for a cost sharing agreement, or establishes conditions following a Preliminary Review that are unacceptable to an applicant, the Director shall return the application to the applicant and state the reasons for rejecting the application.
The applicant may request that the Director personally reconsider the decision to reject the application if the request is made within 10 days of the return of the application. The request shall identify the applicant and the proposed project and briefly state the applicant's reasons for requesting that the Director personally reconsider the decision. The Director shall consider the application and all correspondence from interested parties while reviewing the decision.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.02, Public Resources Code.
s 1541. Final Decision by the Director.
If the Director finds that the decision to reject the application conforms to these procedures and the Act, the Director shall uphold the decision to reject the application. If the Director finds that the decision to reject the application does not conform to these procedures and the Act, the Director may approve the application.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.02, Public Resources Code.
s 1542. Recovery of Funds.
(a) Pursuant to these procedures and the Act, a participant in a cost sharing agreement shall refund any cost sharing payments in the event of any of the following:
(1) The filing of an application to rezone the parcel(s) to which the project applied to a zone permitting a land use(s) incompatible with forest resource management, as set forth in PRC 4797.5;
(2) A violation of a contract pursuant to PRC 4797;
(3) A finding by the Director that the participant has not complied with the terms of a cost sharing agreement and a subsequent order by the Director that the participant refund any cost sharing payments advanced.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4797.5, Public Resources Code.
s 1545. Wildlife Protection.
(a) Riparian vegetation found along stream and lakes, and within marshes, wet meadows, and other wet areas shall be retained and protected except when managed as part of a fish and wildlife habitat improvement practice and necessary mitigation measures to minimize damage from these practices have been imposed.
(b) All snags within the stream and lake protection zone and all live trees and snags with visible evidence of use as nesting and roosting sites by rare, endangered, or threatened bird species shall be left undisturbed. Participants are encouraged to leave all snags undisturbed.
(c) No practices may be performed on lands designated special treatment areas due to their importance as key habitat for rare and endangered animals or plants unless an environmental evaluation conducted according to 14 CAC 1532.2 indicates that a proposed practice(s) will improve such habitat.
(d) Participants are encouraged to retain some older acorn producing black oaks, create deer forage lanes in brushfields, and plant other vegetation to promote species diversity and improve wildlife habitat when such practices are not in conflict with program goals.
(e) If existing vegetation other than riparian is necessary to maintain stream temperatures, such vegetation shall not be removed.
(f) Domestic water supplies will receive the same review and consideration as that required for special treatment areas.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code.
s 1545.1. Stream and Lake Protection.
(a) Throughout the course of the project, the applicant shall keep all streams and lakes below the stream and lake transition line free of slash, debris, and other material that will harm fish, wildlife, or other beneficial uses of water. Accidental deposits will be removed immediately.
(b) No tractors, trucks, cars, and other machinery shall be serviced adjacent to lakes or streams, or within wet meadows and other wet areas, or in other areas where such servicing will permit grease, oil, or fuel, or other toxic substances to enter lakes or streams or wet areas.
(c) Except when performing fish and wildlife habitat improvement practices or forest land conservation practices, heavy earth-moving equipment working on the project area shall be prohibited from working within 50 feet (15.24 m), slope distance, of the stream or lake transition line. Wider protection zones may be required following an environmental review of the project conducted according to 14 CAC 1532.2.
(d) The participant shall be responsible for complying with applicable sections of the Fish and Game Code and local ordinances.
Note: Authority cited: Section 4799.02, Public Resources Code . Reference: Sections 4799 and 4799.01, Public Resources Code.
s 1545.2. Wet Meadows, Marshes, and Other Wet Areas.
No activities shall be permitted in wet meadows, marshes, and other wet areas unless such activities are forest land conservation practices of fish and wildlife habitat improvement practices and necessary mitigation measures to minimize damage from these practices have been imposed.
Note: Authority cited: Section 4799.02, Public Resources Code . Reference: Sections 4799 and 4799.01, Public Resources Code.
s 1545.3. Erosion Control.
(a) Brush scalped with a bulldozer off slopes shall be windrowed along the contour. Windrowed brush shall be disposed of by burning prior to planting or seeding.
(b) Heavy equipment shall not be operated on the project area when soils reach field capacity.
(c) Heavy equipment shall not be operated on known potential or active slide areas.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code.
s 1545.4. Hazard Reduction.
(a) Slash that is created by the project shall be treated by chipping, piling and burning, burying, lopping or otherwise removing as recommended by the area Fire Control Officer.
(b) Any burning shall be in compliance with applicable forest, fire, and pollution regulations.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code.
s 1545.5. Use of Chemicals.
Chemicals used for forest improvement work shall be applied in accordance with all federal, state, and local laws and regulations.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code.
s 1545.6. Stocking Levels.
Unless the Director recommends otherwise, the minimum stocking level at completion of a planting project shall be:
(a) 400 trees per acre (988 trees per ha) (10.44 foot (3.18 m) spacing) on Site III and better lands.
(b) 200 trees per acre (494 trees per ha) (14.76 foot (4.50 m) spacing) on Site IV and V lands.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4794, Public Resources Code.
s 1545.7. Species Selection.
Commercial tree species shall be used for reforestation projects consisting of site preparation and planting practices except that up to 10% of the area may be planted with other species in the interest of maintaining species diversity and wildlife habitat. Non-commercial species may be used in projects consisting of forest land conservation measures and fish and wildlife habitat improvement practices. In any case, the tree species used for any project financed by a cost sharing agreement pursuant to this Chapter shall be silviculturally adaptable to the specific site named in the agreement and the use of said species shall be subject to the approval of the Director.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code.
s 1545.8. Special Treatment Areas.
No practice may be performed in special treatment areas except in such cases where the area has been substantially damaged or where the proposed practice will improve the resource values which have prompted the appropriate public agency to designate the area a special treatment area. In any case, an environmental review shall be conducted in the manner set forth in 14 CAC 1532.2 for all projects within special treatment areas.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Sections 4799 and 4799.01, Public Resources Code.
s 1545.9. Insect Control.
Pre-commercial thinning in Ponderosa Pine and Jeffrey Pine shall be limited to between May 15 and November 1 unless adequate measures are taken to prevent the infestation of the residual stand with IPS and/or dendroctonous beetles.
Note: Authority cited: Section 4799.02, Public Resources Code. Reference: Section 4799.01, Public Resources Code.
s 1550. Purposes of Guidelines.
The purpose of these Urban Forestry Program Guidelines shall be:
(a) to implement the California Urban Forestry Act of 1978 (Public Resources Code Sections 4799.06 through 4799.12);
(b) to provide guidance to cities, counties, city and county of, districts and nonprofit organizations ( "local agency") participating in the program regarding: eligibility to receive grants for urban forestry projects, practices eligible for assistance through such grants, application procedures and responsibilities assumed by a participant while receiving such grants;
(c) to provide guidance to the Director in reviewing and evaluating proposed urban forestry projects and the proportion of cost share assistance available as grants for approved projects and in making grants and in carrying out other procedures necessary to administer the program;
(d) to inform interested members of the public of the procedures used by the Department of Forestry in administering the program.
Due to the wide variety of urban areas and the diverse needs of urban communities throughout the state, these guidelines provide flexible standards which can apply to many situations. The standards are designed to give the Director flexibility to select highly promising, badly needed and/or innovative urban forestry projects consistent with the provisions of the Act.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.07, 4799.08, 4799.10 and 4799.12, Public Resources Code.
s 1550.1. Legislative Intent.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.08, Public Resources Code.
s 1550.2. Authority to Adopt Procedures.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
s 1551. Abbreviations.
Note: Authority cited: Section 4799.12, Public Resources Code . Reference: Section 4799.12, Public Resources Code.
s 1551.1. Definitions.
The following definitions are applicable throughout this chapter.
PRC Sec.
Defined word or phrase Containing
Ref. Def.
"Act" means the California Urban Forestry Act of 1978. Reference:
Sections 4799.06-4799.12, Public Resources Code.
"Agreement" means the document in which the Director and
participants state the terms and conditions under which the
participant agrees to complete an urban forestry project subject
to specified conditions and in return the Director agrees to
provide a percentage of the total cost of the project. Reference:
Section 4799.10(b), Public Resources Code.
"Applicant" means any local agency that has submitted an
application for an urban forestry project grant. Reference:
Section 4799.12, Public Resources Code.
"Board" 730
"Department" 730(b)
"Director" means the Director of the Department of Forestry or a
duly authorized representative. Reference: Section 700(c), Public
Resources Code.
"Local agency" means any city, county, district, or nonprofit
organization. Reference: Section 4799.12, Public Resources Code.
"Grant(s)" means the funds given to a local agency by the Director
for assistance in funding urban forestry projects. Reference:
Section 4799.12, Public Resources Code.
"Participant" means any local agency that is the recipient of a
grant to partially fund an urban forestry project. Reference:
Sections 4799.07-4799.12, Public Resources Code.
"Practice" means any urban forestry work eligible for financial
assistance through a grant authorized for such purpose.
Reference: Section 4799.12, Public Resources Code.
"Program" means all of the activities of the Department of Forestry
relating to the administration of grants to assist local agencies
in funding urban forestry projects. Reference: Section 4799.12,
Public Resources Code.
"Project" means all of the practices set forth in a single
application and approved for a grant to partially fund the costs
of completing the practices proposed in the application.
Reference: Section 4799.12, Public Resources Code.
"Public or private entity" means any persons, local agency, or
organization (public or private). Reference: Section 4799.12,
Public Resources Code.
"Urban area" 4799.09(c)
"Urban forest" 4799.09(b)
"Urban forestry" 4799.09(a)
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 700(b), (c), 730 and 4799.06-4799.12, Public Resources Code.
s 1552. Eligible Practices.
Practices that may be financed by the Urban Forestry Grant program include but are not limited to the following:
(a) Planting of street and neighborhood trees and other vegetation.
(b) Designing and implementing vegetation maintenance programs.
(c) Establishing community forests and urban forestry education centers to restore abandoned urban land and to develop community awareness of the benefits of managing our urban forests.
(d) Preparing and implementing community-supported urban forestry management plans, inventories, and ordinances.
(e) Developing and establishing urban forestry educational material to support community urban forestry programs.
(f) Designing and implementing urban and community forest management plans for urbanized forests.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
s 1552.1. Ineligible Costs.
Costs of completing the following activities or conditions shall not be financed by grants authorized by the Act:
(a) Purchasing mechanical equipment if similar surplus mechanical equipment can be made available and acquired by the Department.
(b) Undertaking or completing any practice designed to supplant rather than supplement existing local agency activities. Such ineligible practices shall consist of any request that the Director furnish grants to take the place of a regular or ongoing fiscal commitment to a program or project by a local government.
(c) Planting or landscaping with trees or vegetation that requires maintenance such as: watering, fertilizing, exterminating, or controlling plant pests and diseases in order to survive, if no public or private entity has agreed in writing to provide such maintenance measures for at least two years after planting is completed.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
s 1552.2. Eligible Participants.
The following local agencies are eligible to participate in the program and receive grants authorized by the Act:
(a) Cities (city and county).
(b) Counties.
(c) Districts, including but not limited to: school, park, recreation, water, and local taxing districts.
(d) Nonprofit organizations including, but not limited to, those established for the purpose of improving urban life through citizen involvement, schools, and civic groups.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
s 1552.3. Eligibility and Permits.
All of the following conditions must be met for a proposed urban forestry project to be eligible for a grant authorized by the Act:
(a) A project must be located in an urban area or immediately adjacent to an urban area if substantial benefits of the project are to accrue to residents of the urban area.
(b) The project has a commitment for active participation from one or more of the following: local residents, local business, or local government as described in Section 1554.1(h).
(c) The applicant has complied in all respects with all applicable local and county ordinances.
(d) The applicant has entered into an agreement with the owners of the land for access to the land for three years by using the form supplied by the Department of Forestry.
(e) The applicant has complied with all applicable state and federal laws and regulations, including CEQA.
(f) The application has been approved, project priority is high enough to qualify for available funds, and an agreement is executed before the project is begun.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.08 and 4799.12, Public Resources Code.
s 1553. Grant Guidelines.
The Director may make grants to share the cost of eligible urban forestry projects. The proportion of the project cost financed by the Director shall be determined as follows:
(a) The Director will finance at least 25 percent of the costs of eligible planting projects if the maintenance necessary for survival is guaranteed by the applicant to be provided for two (2) years from the completion of planting.
(b) The Director will finance at least 50 percent of the costs of eligible planting projects where the required maintenance is guaranteed by the applicant to be provided for three (3) years or more from the completion of planting.
(c) The Director will finance at least 50 percent of the costs of eligible projects which do not involve planting.
(d) Additional funds are available at the rate of 15 percent of the projects cost for each criterion listed in 14 CAC 1554.3(a) except for (2) and (4) of that subsection provided that the cost-share rate for projects with a two (2) year maintenance commitment does not exceed 70 percent of the project cost, and 90 percent for all other projects.
Note: Authority cited: Section 4799.12, Public Resources Code . Reference: Section 4799.12, Public Resources Code.
s 1554. Acceptance for Review and Filing.
The Director shall mail to persons upon request and publish in the California Administrative Notice Register a request for proposals for urban forestry projects at least once each year. The Director shall accept for review and filing applications for grants to partially finance urban forestry projects if there is reasonable assurance that funds will be available to finance such grants. Applications will not be accepted past the final filing date specified in the Director's request for proposed urban forestry projects.
Note: Authority cited: Section 4799.12, Public Resources Code and Section 11344, Government Code. Reference: Section 4799.10, Public Resources Code.
s 1554.1. Application and Content.
Local agencies requesting grants authorized by the Act shall submit an application to the Director.
Information required upon application shall include, but not necessarily be limited to:
(a) Name, address, and telephone number of the local agency and its executive officer making the application.
(b) A form supplied by the Department, signed by the landowner, allowing the applicant access to the land for three years.
(c) A statement signed by the applicant certifying that the applicant will comply with all applicable local, state and federal laws and regulations.
(d) A statement of the applicant's objectives to be achieved by the proposed project.
(e) A brief statement describing how the proposed project will achieve the objectives stated pursuant to (d) above.
(f) A detailed description of any maintenance measures necessary to ensure the survival of any vegetation planted pursuant to the grant agreement, including a statement describing the terms of any commitment(s) made by any public or private entity to provide such maintenance. Said statement shall be signed by the entity agreeing to provide such maintenance.
(g) A description of the project, including a budget, the number and job nature of the people involved in the project and the source of funds, materials, equipment or services to be provided by the applicant. If applicable, a detailed planting plan shall be attached to show the species to be planted, location of the project, and ancillary landscaping work.
(h) Documentation that there shall be active community participation such as a letter from a local service club.
(i) For nonprofit organizations submitting an application, a description of the organization including the purpose, membership and source of funding.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.10, Public Resources Code.
s 1554.2. Application Review and Filing.
Upon receipt of an application for an urban forestry project grant, the Director shall review it for conformance with the Act and these guidelines. Such review shall include an inspection of the project area.
(a) If the Director finds that the application is incomplete in a material way or that the proposed project is not eligible for a grant, the application will be returned and the applicant will be informed that the proposed project is ineligible for funds to be allocated during the present period to which the Director's request for proposals applies. The applicant will be informed that there will be an opportunity to apply for funds during the next period in which the Director requests proposals for urban forestry projects. The Director shall also indicate the information required to complete the application or steps necessary to qualify the proposed project for a grant. When an application is complete and the project is eligible for a grant, the Director shall file the application.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Section 4799.10, Public Resources Code.
s 1554.3. Priority Ranking of Filed Applications.
The Director shall develop priority lists of proposed projects by ranking all filed applications. The Director may establish separate priority lists for proposed projects that qualify for special funds available for distribution.
(a) The following criteria shall guide the Director in ranking applications to develop priority lists of proposed projects:
(1) The project provides urban forest resources to areas where such resources are absent, or replenishes such resources where they are badly depleted.
(2) The degree of active community participation provided by the project.
(3) The project demonstrates innovative techniques for developing and managing urban forest resources that can be duplicated in other urban areas.
(4) The project application includes a long-term written commitment by a public or private entity to provide maintenance necessary to ensure survival of trees or landscaping.
(5) The project uses trees or other vegetation to reduce consumption of finite energy resources, or to produce energy and other products from urban forests.
(6) The project is located in an area with an unemployment rate in the relevant census tract that exceeds the average unemployment rate for urban areas in California and provides jobs for currently unemployed persons.
(7) The project is educational in nature and develops public awareness of the need for managing urban forest resources.
(b) The Director may exercise discretion in establishing project priorities for the awarding of grants and deviate from the procedure outlined in paragraph (a) above. Such deviation may be made to accommodate seasonal variations in submission of applications, limitations in available funding, and other factors that prevent the approval and priority setting procedures from achieving the purposes of the Act.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.08, 4799.10 and 4799.12, Public Resources Code; and Section 1550, 14 CAC.
s 1555. Notification of Application Status.
The Director shall notify each applicant whose application has been filed pursuant to Section 1554.2 and reviewed of the status of its application within ten working days of the completion of review.
(1) For those applications which have been approved and funded, the Director shall notify the applicant that he/she has been awarded a grant for the project. The Director shall forward to the applicant a proposed grant agreement indicating that the final agreement is to be developed through negotiations to represent the interests of both parties and that the funds will be encumbered when a final agreement has been reached. The applicant may then either withdraw its application or complete the negotiations and execute a grant agreement. When the grant agreement is executed, the Director will make the grant funds available to the recipient in the manner and at the times specified in the agreement.
(2) For those applications which have been approved but for which there are no existing funds, the Director shall notify the applicant that he/she will be awarded a grant if funds become available during the fiscal year. If no funds become available during the fiscal year, the Director shall notify the applicant of this and shall encourage him/her to apply for funds during the next period in which the Director requests proposals for urban forestry projects.
(3) For those applications which have not been approved, the Director shall notify the applicant that the application is not high enough on the priority list to receive a grant during this period and shall encourage him/her to apply for funds during the next period in which the Director requests proposals for urban forestry projects.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.10 and 4799.12, Public Resources Code.
s 1555.1. Grant Agreements.
Agreements setting forth the conditions under which an urban forestry project grant is made shall conform to applicable federal and state laws and administrative regulations adopted pursuant thereto. The agreement shall also state that the Director may inspect the project area at any time to assure compliance with the agreement. If upon inspecting the project the Director, or a representative, finds that the project is not progressing in accordance with the agreement, the Director may withhold payments provided that the Director promptly notifies the participant of the reasons for so doing.
Note: Authority cited: Sections 4799.10 and 4799.12, Public Resources Code. Reference: Section 4799.12, Public Resources Code.
s 1556. Request for Record Review.
Within ten days of the receipt of notice that the application has been denied pursuant to 14 CAC 1555, the applicant may request that the Director personally reconsider his/her decision of rejection. The request shall identify the applicant and the proposed project, and shall briefly state the applicant's reasons for requesting reconsideration. The Director shall consider the application and all of the correspondence from interested parties in reviewing the decision.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.10 and 4799.12, Public Resources Code.
s 1556.1. Final Decision by the Director.
If the Director finds that the decision to reject the application conforms to these guidelines and the Act, the Director shall uphold the decision. If the Director finds that the decision to reject the application does not conform to these guidelines or the Act, the Director may approve the application.
Note: Authority cited: Section 4799.12, Public Resources Code. Reference: Sections 4799.10 and 4799.12, Public Resources Code.
s 1560. Purpose.
The purpose of these regulations is to implement and make specific provisions of Chapter 525, Statutes of 1980 found in Sections of the Public Resources Code relating to prescribed burning and chaparral management.
Note: Authority cited: Sections 4475 and 4475.5(b), Public Resources Code. Reference: Sections 4464, 4475, 4475.5 and 4476, Public Resources Code.
s 1561. Abbreviations.
The following abbreviations apply throughout the Chapter.
APCD means Air Pollution Control District
APCO means Air Pollution Control Officer
CAC California Administrative Code
CEQA California Environmental Quality Act of 1970, as amended, and administrative regulations pertaining thereto.
EIR Environmental Impact Report
m Meter (a metric unit of measure)
PRC Public Resources Code
Note: Authority cited: Section 4475.5(b), Public Resources Code. Reference: Sections 4462, 4467(b) and 4476, Public Resources Code.
s 1561.1. Definitions.
PRC Section Containing Ref. Def.
The definitions set forth in this section and the definitions contained in Sections 4104 and 4464 of the Public Resources Code are applicable to this chapter.
PRC Sec.
Containing
Ref. Def.
"Act" means the provisions of Chapter 525, Statutes of 1980.
"Board" means the State Board of Forestry. 700(a), 730
"Chaparral" means brush stands that may fall into one or more of
three types: "hard" chaparral, "soft" chaparral, and mountain
brush.
Hard chaparral is characterized by usually dense stands of tough,
upright woody shrubs such as manzanita ( Arctostaphylos Spp.
Ceanothus Spp.), scrub oak (Quercus Spp.), and chamise
( AdenostomaSpp.). These plant communities are highly flammable
after 20-30 years, and may burn inadvertently every 20 to 50
years.
Soft chaparral is characterized by shrubs such as sage ( Saliva
Spp.) buckwheat ( Eriogonum Spp.) and sagebrush ( Artemisia
Spp.). These shrubs tend to be limber, and grow in less dense,
more penetrable stands. Because grasses are a common component,
this type may burn inadvertently on a more frequent cycle, as
little as 2-5 years.
Mountain brush, or forest chaparral, may occur at higher altitudes
on large acreages as a secondary succession stage in coniferous
forests. Most species are different from those of the "hard"
chaparral and include many deciduous species.
"Cost-share" means the proportionate amount of the resources
needed for site preparation, prescribed fire operations and
liability insurance that is to be provided by each party
according to the cost sharing contract. The state's share of the
costs shall bear the same ratio to the total costs of the
operation as the public benefits bear to all public and private
benefits to be derived from the operation, but will not exceed
90% of the total project cost.
"Cost-sharing contract" means the written agreement between an
eligible landowner and the Department whereby the state assumes
responsibility for a percentage of the total cost of the
prescribed burning that the state does for the landowner.
"Deer forage lanes" means the narrow strips of treated vegetation
through brush stands which provide deer browse and facilitate
animal travel.
"Department" means the Department of Forestry. 700(a),
700(b)
"Director" means the Director of Forestry or his/her duly
authorized representative.
"Eligible landowner" means an owner of property, or any other
person meeting the requirements of PRC 4475 and 14 CAC 1562.
"Field capacity" means the amount of water remaining in a
well-drained soil when the downward movement of flow into
unsaturated soil has become small or negligible.
"Fire hazard" means the fuel complex defined by kind, arrangement,
volume, condition, and location that forms a special threat of
ignition and suppression difficulty.
"Fish and wildlife habitat improvement" means the changes made to
protect or enhance food, escape, resting, nesting, roost cover,
and water supplies for wildlife, or to better water flows and
other stream conditions for fish and other aquatic life.
PRC Sec.
Containing
Ref. Def.
"Foreseeable damage" means the predictable undesired effects of a
prescribed burn or its aftermath. These effects include, but are
not limited to, damage to structures or other improvements,
accelerated erosion and sedimentation, air pollution, loss of
soil productivity, and other resource damages.
"Forest land" means the land having at least 10% of the area
occupied by tree crowns of any size, or formerly having had such
tree cover and not currently zoned for uses incompatible with
forest management.
"Geologic hazard area" means the site of "foreseeable damage" from
erosion or mass earth movement. Factors to be considered in
identification of such areas are precipitation, soil
characteristics, slope, vegetation cover and geology, including
evidence of previous land sliding and dip of bedding planes or
jointing systems.
"Participant" means a person who has entered into a cost sharing
contract with the Director.
"Person." 4464(f)
"Prescribed burning or prescribed fire." 4464(d)
"Prevailing costs" means the values of supplies, material and the
pay rental rates for services and equipment that are approved by
the Board for use by the Director in estimating and computing the
cost of completing a prescribed burning project.
"Program" means all the Director's activities relating to the
selection, planning, operations, and administration of vegetation
management projects.
"Project" meansall work necessary to complete the planning, (continued)