Section 943.4 - Construction and Reconstruction of Logging Roads and LandingsLogging Roads and Landings shall be constructed or Reconstructed in accordance with the approved Plan and the following requirements. If a change in designation of Logging Road classification is made after the Plan is approved, the change shall be reported in accordance with 14 CCR §§ 1039, 1040, 1090.14, 1092.26, 1092.27, 1094.23 or 1094.24 as appropriate.
(a) Logging Roads and Landings shall be hydrologically disconnected from Watercourses and Lakes to the extent Feasible to minimize sediment delivery from road runoff to a Watercourse, and reduce the potential for hydrologic changes that alter the magnitude and frequency of runoff delivery to a Watercourse. Guidance on methods for Hydrologic Disconnection may be found in "Board of Forestry Technical Rule Addendum Number 5: Guidance on Hydrologic Disconnection, Road Drainage, Minimization of Diversion Potential, and High Risk Crossings" (1st Edition, revised 04/21/15), hereby incorporated by reference.(b) No Logging Roads or Landings shall be constructed (i) within 150 feet of the Class I Watercourse Transition Line, (ii) within 100 feet of the Class II Watercourse Transition Line on slopes greater than 30%, (iii) within Class I, II, III, or IV Watercourses or Lakes, (iv) within a WLPZ, or (v) in marshes, Wet Meadows and Other Wet Areas, except as follows:(1) At existing Logging Road Watercourse crossings.(2) At Logging Road Watercourse crossings to be constructed or Reconstructed that are approved as part of the Fish and Game Code process (F&GC § 1600 et seq.)(3) At Logging Road Watercourse crossings of Class III Watercourses that are dry at the time of use.(c) No Logging Roads or Landings shall be Reconstructed (i) within Class I, II, III, or IV Watercourses or Lakes, (ii) within a WLPZ, or (iii) in marshes and Wet Meadows and Other Wet Areas, except as follows: (1) At existing Logging Road Watercourse crossings.(2) At Logging Road Watercourse crossings to be constructed or Reconstructed that are approved as part of the Fish and Game Code process (F&GC § 1600 et seq.)(3) At Logging Road Watercourse crossings of Class III Watercourses that are dry at the time of use.(d) Logging Roads and Landings shall not be constructed or Reconstructed across Unstable Areas or Connected Headwall Swales except as specified in the Plan.(e) Logging Roads and Landings shall not be constructed with Overhanging Banks.(f) Any tree over 12 inches dbh with more than 25% of the root surface exposed by Logging Road or Landing construction shall be felled concurrently with the Timber Operations.(g) On slopes greater than 40%, the organic layer of the soil shall be removed prior to Fill placement.(h) Waste organic material, such as uprooted stumps, cull logs, accumulations of limbs and branches, and unmerchantable trees, shall not be buried in Logging Road or Landing Fills. Wood debris or cull logs and chunks may be placed and stabilized at the toe of Fill to restrain excavated soil from moving downslope.(i) Slash and other debris from road construction shall not be bunched against residual trees, which are required for silvicultural or wildlife purposes, nor shall it be placed in locations where it could be discharged into Class I or II Watercourses or Lakes.(j) Where constructed Fills will exceed three feet in vertical thickness, Fill slopes shall be inclined no greater than 65%.(k) Logging Roads or Landings shall not be constructed or Reconstructed under Saturated Soil Conditions that may produce Significant Sediment Discharge, except that construction may occur on isolated wet spots arising from localized ground water such as springs, provided measures are taken to prevent Significant Sediment Discharge.(l) Construction or reconstruction of Logging Roads or Landings shall not take place during the Winter Period unless the approved Plan incorporates a complete Winter Period operating Plan pursuant to 14 CCR § 934.7 that specifically addresses such Logging Road or Landing construction or reconstruction.(m) On slopes greater than 50% for greater than 100 lineal feet, Fills greater than four feet in vertical height at the outside shoulder of the Logging Road or Landing shall be: (1) Constructed on a bench that is excavated at the proposed toe of the Fill and is wide enough to compact the first lift.(2) Compacted in approximately one-foot lifts from the toe to the finished grade or retained by an engineered structure.(n) Logging Roads and Landings approved for construction or reconstruction across 100 feet or more of lineal distance on any slope greater than 65%or within 100 feet of the boundary of a WLPZ on slopes greater than 50% that drain toward the zoned Watercourse or Lake shall be constructed to the specific construction techniques or measures as described in the Plan.(o) Fills shall not be constructed on slopes greater than 65%.(p) On slopes greater than 65%, Sidecast from Logging Road and Landing construction shall be minimized to the degree Feasible.(q) Excess Material transported from Logging Road or Landing construction or reconstruction shall be deposited and stabilized in a manner and in areas that avoid potential adverse impacts to locations that could deliver Significant Sediment Discharge.(r) In Watersheds with Listed Anadromous Salmonids, no Logging Roads or Landings shall be constructed or Reconstructed within the CMZ or Core Zone of a Class I Watercourse except for those listed in 14 CCR § 936.9, subsections (e)(1)(A)-(F), or pursuant to 14 CCR § 936.9, subsection (v).(s) In Watersheds with Listed Anadromous Salmonids and in Planning Watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids, the following shall apply: (1) On slopes greater than 50% that have access to a Watercourse or Lake:(A) Specific provisions for the protection of salmonid habitat shall be identified and described for all Logging Road construction.(B) Where cutbank stability is not an issue, Logging Roads may be constructed as a full-benched cut (no Fill). Spoils not utilized in Logging Road construction shall be disposed of in stable areas with less than 30% slope outside of any WLPZ, EEZ, or ELZ designated for Watercourse or Lake protection. The Director, with concurrence from other responsible agencies, may waive inclusion of these measures where the RPF can show that slope depressions and other natural retention and detention features are sufficient to control overland transport of eroded material.(C) Logging Roads may be constructed with balanced cuts and Fills:1. If properly engineered, or,2. If Fills are removed and the slopes recontoured prior to the Winter Period.(2) During the Extended Wet Weather Period, no Timber Operations shall take place unless the approved Plan incorporates a complete Winter Period operating Plan pursuant to 14 CCR § 934.7(b). The Winter Period operating Plan shall specifically address, where applicable, proposed Logging Road and Landing construction, and reconstruction.Cal. Code Regs. Tit. 14, § 943.4
1. Amendment filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of first paragraph; subsections (e), (d), (m), and (o) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of subsection (h) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
4. Amendment of subsection (f) and NOTE filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
5. Amendment of section heading, repealer and new section and amendment of NOTE filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
6. Change without regulatory effect amending subsection (a) filed 11-26-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 48).
7. Amendment of first paragraph and subsection (a) and amendment of NOTE filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
8. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
9. Amendment of subsection (c) filed 7-29-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30). Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4551, 4551.5, 4562.5, 4562.7 and 4597, Public Resources Code; 33 USC 1288(b); and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1976) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
1. Amendment filed 12-20-89; operative 2-1-90 (Register 90, No. 3).
2. Amendment of first paragraph; subsections (e), (d), (m), and (o) filed 2-11-91; operative 3-13-91 (Register 91, No. 14).
3. Amendment of subsection (h) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
4. Amendment of subsection (f) and Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
5. Amendment of section heading, repealer and new section and amendment of Note filed 6-11-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 24).
6. Change without regulatory effect amending subsection (a) filed 11-26-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 48).
7. Amendment of first paragraph and subsection (a) and amendment of Note filed 6-2-2017; operative 1/1/2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
8. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
9. Amendment of subsection (c) filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).