Cal. Code Regs. tit. 14 § 898.2

Current through Register 2024 Notice Reg. No. 15, April 12, 2024

Section 898.2 - Special Conditions Requiring Disapproval of Plans

The Director shall disapprove a Plan as not conforming to the Rules of the Board if any one of the following conditions exist:

(a) Boundaries of the area to be harvested are not clearly delineated in the Plan.

(b) Public acquisition of the parcel for purposes which would be impaired by timber harvesting, is legislatively authorized, funded and imminent.

(c) There is evidence that the information contained in the Plan is incorrect, incomplete or misleading in a material way, or is insufficient to evaluate significant environmental Effects. The sufficiency of the information provided in a THP to evaluate significant environmental Effects shall be judged in light of what is reasonable and necessary.

(d) Implementation of the Plan as proposed would result in either a "taking" or finding of jeopardy of wildlife Species listed as rare, threatened, or endangered, by the Fish and Game Commission, the National Marine Fisheries Service, or Fish and Wildlife Service, or would cause significant, long-term damage to Listed Species. The Director is not required to disapprove a Plan under either of the following circumstances:

(1) Which would result in a "taking" if the "taking" is incidental and is authorized by a wildlife agency acting within its authority under state or federal endangered Species acts.

(2) Where anadromous salmonid populations are designated as an experimental population under § 10(j) of the federal Endangered Species Act, and corresponding regulations under § 4(d) of the federal Endangered Species Act for those populations provide an exception from Take prohibitions under the federal Endangered Species Act for activities subject to the California Forest Practice Rules, and federal and state agencies determine no further Take authorizations are necessary, under the federal Endangered Species Act or the California Endangered Species Act.

(e) Implementation of the Plan would irreparably damage plant Species listed as rare or endangered by the CDFW and when the Timber Owner fails to comply with F&GC § 1913.

(f) Implementation of the Plan as proposed would result in the taking of an individual Northern Spotted Owl prohibited by the Federal Endangered Species Act.

(g) Implementation of the Plan as proposed would not achieve maximum sustained production of high-quality timber products as provided for by the Rules of the Board, and by the intent of the Act.

(h) Implementation of the Plan as proposed would cause a violation of any requirement of an applicable water quality control Plan adopted or approved by the State Water Resources Control Board.

(i) Implementation of the Plan as proposed would result in significant adverse slope stability impacts that could affect public safety. The Director's determination of this special condition shall be supported by a review from the California Geological Survey.

Cal. Code Regs. Tit. 14, § 898.2

1. New NOTE filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. New subsection (h) filed 7-27-79 as an emergency; effective upon filing (Register 79, No. 30).
3. Certificate of Compliance filed 10-18-79 (Register 79, No. 42).
4. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
5. New subsection (f) and amendment of NOTE filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
6. Repeal of subsection (f) and reinstatement of section as it existed prior to 7-23-90 emergency adoption of subsection (f) by operation of Government Code section 11346.1(f) (Register 91, No. 4).
7. New subsection (f) filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
8. Repeal of subsection (f) and reinstatement of section as it existed prior to emergency adoption of subsection (f) filed 11-21-91 by operation of Government Code section 11346.1(f) (Register 91, No. 16).
9. New subsection (f) filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91 (Register 91, No. 28).
11. Amendment of subsection (d) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
12. Amendment of subsection (c) and NOTE filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
13. New subsection (g) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
14. Amendment of subsection (g) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
15. Amendment of subsection (d) and NOTE filed 5-21-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 21).
16. Amendment of subsection (d) and new subsections (h) and (i) filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
17. Amendment of subsection (i) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
18. Repealer of subsection (i) and amendment of NOTE filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
19. New subsection (i) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
20. Amendment of subsection (d) and new subsections (d)(1)-(2) filed 10-6-2016; operative 1-1-2017 pursuant to Public Resources Code section 4554.4 (Register 2016, No. 41).
21. Change without regulatory effect amending subsection (e) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
22. Change without regulatory effect amending section filed 7-26-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 30).

Note: Authority cited: Sections 4551, 4555 and 4582, Public Resources Code. Reference: Sections 2053, 2080.1, 2090- 2097, 2830 and 2835, Fish and Game Code; Sections 4555, 4582.7 and 4582.75, Public Resources Code; Section 51115.1, Government Code; the federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et seq.; and Laupheimer v. State (1988) 200 Cal.App.3d 440; 246 Cal.Rptr. 82.

1. New Note filed 2-21-79 as procedural and organizational; effective upon filing (Register 79, No. 9).
2. New subsection (h) filed 7-27-79 as an emergency; effective upon filing (Register 79, No. 30).
3. Certificate of Compliance filed 10-18-79 (Register 79, No. 42).
4. Amendment filed 8-9-83; designated effective 10-1-83 (Register 83, No. 37).
5. New subsection (f) and amendment of Note filed 7-23-90 as an emergency; operative 7-23-90 (Register 90, No. 40). A Certificate of Compliance must be transmitted to OAL by 11-20-90 or emergency language will be repealed by operation of law on the following day.
6. Repeal of subsection (f) and reinstatement of section as it existed prior to 7-23-90 emergency adoption of subsection (f) by operation of Government Code section 11346.1(f) (Register 91, No. 4).
7. New subsection (f) filed 11-21-90 as an emergency; operative 11-21-90 (Register 91, No. 4). A Certificate of Compliance must be transmitted to OAL by 3-21-91 or emergency language will be repealed by operation of law on the following day.
8. Repeal of subsection (f) and reinstatement of section as it existed prior to emergency adoption of subsection (f) filed 11-21-91 by operation of Government Code section 11346.1(f) (Register 91, No. 16).
9. New subsection (f) filed 3-25-91 as an emergency; operative 3-25-91 (Register 91, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-23-91 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-25-91 order transmitted to OAL on 4-26-91 and filed 5-28-91 (Register 91, No. 28).
11. Amendment of subsection (d) filed 8-12-91; operative 9-11-91 (Register 92, No. 13).
12. Amendment of subsection (c) and Note filed 8-26-91; operative 8-26-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 20).
13. New subsection (g) filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
14. Amendment of subsection (g) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
15. Amendment of subsection (d) and Note filed 5-21-98; operative 1-1-99 pursuant to Public Resources Code section 4554.5 (Register 98, No. 21).
16. Amendment of subsection (d) and new subsections (h) and (i) filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
17. Amendment of subsection (i) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
18. Repealer of subsection (i) and amendment of Note filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
19. New subsection (i) filed 5-2-2011; operative 6-1-2011 (Register 2011, No. 18).
20. Amendment of subsection (d) and new subsections (d)(1)-(2) filed 10-6-2016; operative 1/1/2017 pursuant to Public Resources Code section 4554.4 (Register 2016, No. 41).
21. Change without regulatory effect amending subsection (e) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
22. Change without regulatory effect amending section filed 7-26-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 30).