Section 926.3 - Plan Submittal and Notice of Intent14 CCR § 1032.7, subsections (c), (e), (f), and (g), shall not apply in Santa Cruz County. In lieu of those subsections, the following shall apply:
(a) The Plan submitter shall prepare and submit to the Director, with the Plan, a Notice of Intent to Harvest Timber as described in 14 CCR § 1032.7(d) which shall additionally include the following:(1) A statement that the approximate property lines have been flagged for review where truck roads, Tractor Roads or Harvest Areas are within 100 feet of the property line.(2) In the event helicopter Yarding is proposed, the Notice of Intent will include a map that clearly identifies the areas within the proposed timber harvest Plan area that are proposed for helicopter operations, including helicopter log Landing and service area sites and a statement about the approximate duration of helicopter Yarding activities.(b) The Plan submitter shall furnish to the Department at the time of submission of the Plan, the names and addresses of all property owners within 300 ft. of the exterior boundaries of assessor's parcels upon which a Plan has been submitted, the names and addresses of property owners with property fronting or bordering that portion of the haul route lying between the Plan area and the nearest Public Road, and the addresses of all private road association members. "Private road association" as used in this section and all other Rules specific to Santa Cruz County shall mean those road associations appearing on a list maintained by the County and provided to the Director which are either a County Service Area which maintains any private road or any other private road association that has recorded by-laws or other organizing instruments recorded in the official records of Santa Cruz County from which it can be ascertained the assessor parcel numbers of the properties owned by the members. If helicopter Yarding is proposed, the list shall also include the names and addresses of property owners with property located within three thousand (3,000) feet of any location in the proposed timber Harvest Area in which logs are to be picked up, carried, or landed, or helicopters are to use for servicing. It is the intent of the notice provisions of this paragraph to direct the notice to both owners and residents of properties lying within the 3,000 foot notice area; accordingly if any property owner to be noticed by mail on a proposed helicopter Yarding has a mailing address located outside of the three thousand foot notice area and such property owner's property within such area has a street address within such area, the list shall also contain the street address of the property within the three thousand (3,000) foot radius, and shall list the addresses at such property as "Occupant." The list shall be compiled from the latest equalized assessment roll of the county or a list provided by a title insurance company. Any list prepared for noticing an operation with helicopter Yarding shall be deemed accurate provided that it contains accurate information regarding at least 95% of the property owners and situs addresses entitled to notice under these Rules based upon the County Tax Assessor's records.(c) The Plan submitter shall mail copies of the Notice of Intent to all property owners and members of those private road associations on the list provided by the County identified pursuant to (b) at least 10 days prior to Plan submission and at this time shall post a copy of the Notice of Intent including a map as described in 14 CCR § 1032.7(d)(8) at a conspicuous location on the private road where a majority of the road association members can view the notice and, if helicopter Yarding is proposed, at a minimum of one conspicuous location every half mile on all Public Roads within a 2 mile radius of the proposed area of operations. The posted Notice of Intent shall be on colored paper or identified with colored flagging so as to be easily visible to the public. The Plan submitter shall further mail the Notice of Intent to: (1) All members of the Board of Supervisors in whose district any Timber Operation is proposed;(2) The local school district;(3) Any local publicly-owned water district or community water system which maintains any water production or water storage facility downstream from any location within which any Timber Operation is proposed. At the time of Plan submission, the Plan submitter shall certify to the Director in writing that this procedure has been followed.(d) The Plan submitter shall have the Notice of Intent published in a newspaper of general circulation in the area, concurrently with the submission of the Plan to the Director. Proof of publication of notice shall be provided to the Director prior to his/her determination made pursuant to 14 CCR § 1037.4.(e) For Plan amendments, the submitter of the amendment shall certify in writing at the time the amendment is submitted that copies of a new Notice of Intent have been mailed to: (1) All property owners not previously noticed under subsection (b) who, because of the Plan amendment, would be required to receive the notice provided in subsection (b).(2) All property owners previously noticed under subsection (b) when there is a change in silvicultural method.(f) The Plan submitter shall include with the mailed Notice of Intent sent to the Persons identified above, other than members of the Board of Supervisors, local school district or publicly-owned water district or community water systems, any available printed general information material that has been jointly approved by the County of Santa Cruz and the Department, describing the review process and the rights of adjacent landowners and other neighbors under applicable Rules, ordinances or statutes.(g) The RPF shall simultaneously file with the Department any notice of deviation given to the Plan submitter or landowner required under Public Resources Code § 4583.2.(h) In the event the Director shall approve a timber harvest Plan which provides in whole or in part for helicopter Yarding and where such harvest operations are not commenced within the same harvest season in which the Plan is approved, the Plan submitter shall, not less than 14 days prior to the estimated commencement of helicopter operations and not more than 28 days prior to the estimated commencement of such operations: (1) Mail a notice to all Persons previously notified of the Notice of Intent of the original application or any amendment under (b) above, providing notice of the fact that the helicopter Yarding was approved, containing a map showing the location of the Harvest Areas, Landing area, and service area approved in the Plan, the hours of operation, the estimated starting date of helicopter Yarding activities, the estimated completion date, and any conditions placed on the helicopter Yarding activity by the Director as part of the approval; and(2) Post a copy of the notice at a minimum of one conspicuous location every half mile on all Public Roads within a 2 mile radius of the proposed area of operations. The posted notice shall be on colored paper or identified with colored flagging so as to be easily visible to the public.(3) The Plan submitter shall further mail the notice to those Persons identified in 14 CCR § 926.3(c)(1), (2).(4) Prior to commencement of helicopter operations, the Plan submitter shall certify to the Director in writing that these procedures have been followed.Cal. Code Regs. Tit. 14, § 926.3
1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13).
2. Amendment filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
3. Change without regulatory effect amending subsection (d) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
4. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44). Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.
1. New section filed 3-7-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 13).
2. Amendment filed 7-1-99; operative 1-1-2000 (Register 99, No. 27).
3. Change without regulatory effect amending subsection (d) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
4. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).