Cal. Code Regs. tit. 14 § 933.1

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 933.1 - Regeneration Methods Used in Evenaged Management

The following types of Regeneration Methods are designed to replace a harvestable stand with well-spaced growing trees of Commercial Species. Evenaged management systems shall be applied with the limitations described by this rule:

(a) Timber stands harvested under an evenaged Regeneration Method shall meet the following standards:
(1) Where a regeneration step harvest of evenaged management will occur on stands younger than 50 years of age for Class I lands, 60 years of age for Class II and III lands, or 80 years of age for Class IV and V lands, or equivalent age of trees, based on height as determined according to the appropriate site class, the RPF preparing the THP or SYP must demonstrate how the proposed harvest will achieve MSP pursuant to 14 CCR § 933.11(a) or (b); provided, however, that the Director may grant an exemption from this section, based upon hardship.
(2) The regeneration harvest of evenaged management shall be limited to 20 acres for Tractor Yarding. Aerial or Cable Yarding may be 30 acres. Tractor Yarding may be increased to 30 acres where the EHR is low and the slopes are < 30%. The RPF may propose increasing these acreage limits to a maximum of 40 acres, and the Director may agree where measures contained in the THP provide substantial evidence that the increased acreage limit does any one of the following:
(A) by using additional on-site mitigation measures, reduces the overall detrimental effects of erosion thereby providing better protection of soil, water, fish and/or wildlife resources; or
(B) provide for the inclusion of "long corners", or
(C) create a more natural logging unit by taking maximum advantage of the topography; or
(D) will increase Long Term Sustained Yield; or
(E) provide Feasible off-site mitigation measures that can be incorporated in the Plan to restore or enhance previously impacted resource areas or other environmental enhancements that will result in demonstrable net environmental benefits within the Planning Watershed. These measures may include, but are not limited to, Watercourse restoration, soil stabilization, road surface stabilization, road Outsloping, road Abandonment, road reconstruction, enhancement of wildlife habitats and vegetation management.

To qualify for an exemption the Plan submitter is not required to demonstrate that other Feasible options are not available.

(3) Evenaged regeneration units within an ownership shall be separated by a logical logging unit that is at least as large as the area being harvested or 20 acres, whichever is less, and shall be separated by at least 300 feet in all directions.
(4) Within ownership boundaries, no logical logging unit contiguous to an evenaged management unit may be harvested using an evenaged Regeneration Method unless the following are met:
(A) The prior evenaged regeneration unit has an approved report of Stocking, and the Dominant and Codominant trees average at least five feet tall or are at least five years of age from the time of establishment on the site, either by the planting or by natural regeneration. If these standards are to be met with trees that were present at the time of the harvest, there shall be an interval of not less than five years following the completion of operations before adjacent evenaged management may occur.
(5) Except for the clearcut method, all trees to be harvested or all trees to be retained shall be marked by, or under the supervision of, an RPF prior to felling operations. A sample area shall be marked prior to a preharvest inspection. The sample area shall include at least 10% of the Harvest Area up to a maximum of 20 acres per stand type, and must be representative of the range of conditions present in the area. The Marking requirement may be waived by the Director if the trees to be harvested are easily distinguished from the trees to be retained, when explained and justified by the RPF in the Plan.
(6) Special consideration for aesthetic enjoyment shall be given to selection of silvicultural treatments and Timber Operations within 200 feet of the edge of the traveled surface of any Permanent Road maintained by the County or the State.
(7) Special consideration for aesthetic enjoyment and protection of adjacent Stand Vigor shall be given to the selection of Silvicultural Methods and Timber Operations within 200 feet of adjacent non-federal lands not zoned TPZ.
(b) Clearcutting. The clearcutting Regeneration Method involves the removal of a stand in one harvest. Regeneration after harvesting shall be obtained by direct seeding, planting, sprouting, or by natural seed fall. When practical, clearcuts shall be irregularly shaped and variable in size in order to mimic natural patterns and features found in landscapes. Site Preparation and Slash disposal measures, if necessary for successful regeneration, shall be described in the Plan.
(c) Seed Tree. The Seed Tree Regeneration Method involves the removal of a stand in one harvest except for well distributed Seed Trees of desired Species which are left singly or in groups to restock the harvested area. The seed step is utilized to promote natural reproduction from seed and to initiate the establishment of an evenaged stand. The removal step may be utilized to remove the Seed Trees after a fully stocked stand of reproduction has become established.
(1) Seed Tree Seed Step.

The Seed Tree seed step is the regeneration step and shall meet the following requirements:

(A) Retention of at least the following basal area of Seed Trees per acre which are 18 inches dbh or greater:
1. Fifteen square feet basal area on site I, II and III lands and
2. Twelve square feet basal area on site IV and V lands.

The Seed Trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.

(B) No point within the logged area shall be more than 150 feet from a Seed Tree.
(C) Seed Tree Species and Site Preparation measures shall be specified in the Plan by the RPF.
(D) Seed Trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of Timber Operations, Seed Trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR § 932.7(b)(1).
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree Species diversity, genetic material and seed production, trees of each native Commercial Species where present at the time of harvest shall be retained after harvest. These leave trees shall be representative of the best phenotypes available in the preharvest stand. The RPF may propose and the Director may agree to a Species-specific Plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.
(2) Seed Tree Removal Step.

Not more than 15 Predominant Trees per acre may be removed in the Seed Tree removal step. Not more than 50 sq. ft. of basal area of Predominant Trees per acre may be removed in the Seed Tree removal step. The Seed Tree removal step may be utilized when the regeneration present exceeds the minimum Stocking requirements set forth in 14 CCR § 932.7(b)(1). Regeneration shall not be harvested under the Seed Tree method unless the trees are dead, dying or diseased or substantially damaged during Timber Operations. The minimum Stocking Standards of 14 CCR § 932.7(b)(1) shall be met immediately upon completion of operations. The Seed Tree removal step shall only be used once in the life of the stand unless otherwise agreed to by the Director.

If the extent and intensity of the soil and vegetation disturbance caused by the harvest is similar to what would have been caused by a clearcut, the size limitations, separation (spacing) by logical logging unit requirements, and Yarding equipment limitations of 14 CCR § 933.1(a) are applicable.

(d) Shelterwood. The shelterwood Regeneration Method reproduces a stand via a series of harvests (preparatory, seed, and removal). The preparatory step is utilized to improve the crown development, seed production capacity and wind firmness of designated Seed Trees. The seed step is utilized to promote natural reproduction from seed. The removal step is utilized when a fully stocked stand of reproduction has become established, and this step includes the removal of the protective Overstory trees. The shelterwood Regeneration Method is normally utilized when some shade Canopy is considered desirable for the establishment of regeneration.
(1) Shelterwood Preparatory Step. The shelterwood preparatory step shall meet the following minimum standards:
(A) At least the following basal area of Seed Trees per acre which are 18 inches dbh or greater shall be retained.
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty-four square feet basal area on site IV and V lands.

The Seed Trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.

(B) No point within the logged area shall be more than 100 feet from a Seed Tree.
(C) Seed Tree Species shall be specified in the Plan by the RPF.
(D) At least 100 square feet of Basal Area Per Acre on Site I lands, and 75 square feet of Basal Area Per Acre on Site II and III lands and 50 sq. ft. of Basal Area Per Acre on site IV and V lands shall be retained.
(E) The minimum Stocking Standards of 14 CCR § 932.7(b)(1) shall be met immediately upon completion of operations. Within six months following completion of work described in the Plan, a report of Stocking shall be filed as stated in PRC § 4587.
(2) Shelterwood Seed Step. The shelterwood seed step is the regeneration step and shall meet the following standards:
(A) At least the following basal area of Seed Trees per acre which are 18 inches dbh or greater shall be retained
1. Thirty square feet basal area on site I, II and III lands and
2. Twenty-four square feet basal area on site IV and V lands.

The Seed Trees must be of full crown, capable of seed production and representative of the best phenotypes available in the preharvest stand.

(B) No point within the logged area shall be more than 100 feet from a Seed Tree.
(C) Seed Tree Species and Site Preparation measures shall be specified in the Plan by the RPF.
(D) Seed Trees shall be marked by or under the supervision of an RPF prior to felling operations.
(E) If natural regeneration is inadequate within two years after the first August following completion of Timber Operations, Seed Trees may be harvested and artificial regeneration shall be used to meet the requirements of 14 CCR § 932.7(b)(1).
(F) In the absence of a Sustained Yield Plan, to maintain and improve tree Species diversity, genetic material and seed production, trees of each native Commercial Species where present at the time of harvest shall be retained after harvest. These leave trees shall be representative of the best phenotypes available in the preharvest stand.

The RPF may propose and the Director may agree to a Species-specific Plan in the THP which protects existing regeneration or provides for regeneration in-lieu of retaining trees.

(3) Shelterwood Removal Step. The shelterwood removal step may be utilized when the regeneration present exceeds the minimum Stocking requirements set forth in 14 CCR § 932.7(b)(1). Unless otherwise agreed to by the Director, the shelterwood removal shall only be used once in the life of the stand. Regeneration shall not be harvested during the Shelterwood removal step unless the trees are dead, dying or diseased or substantially damaged by Timber Operations. The minimum Stocking Standards of 14 CCR § 932.7(b)(1) shall be met immediately upon completion of operations.

If the extent and intensity of the ground disturbance caused by the harvest is essentially the same as would have been caused by a clearcut or will cause adverse cumulative effects on wildlife as determined by the RPF or Director the size limitations, and separation (spacing) by logical logging unit requirements, of 14 CCR § 933.1(a) are applicable unless the post-harvest stand, regardless of average Diameter, meets the stocking standards of 14 CCR § 933.3(a)(1)(A) or (B).

Cal. Code Regs. Tit. 14, § 933.1

1. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
2. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
3. Editorial correction of subsection (b)(2) (Register 91, No. 28).
4. Amendment of section heading and section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
5. Repealer of emergency amendments filed 11-25-91 and reinstatement of prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
6. Amendment filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
7. Amendment of subsections (a)(1)-(2)(A), (a)(4)(A) and (d)(3) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
8. Amendment of subsection (a)(4)(A) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
9. Editorial correction of subsection (a)(2)(B) and restoring text inadvertently deleted from last paragraph (Register 96, No. 50).
10. Amendment of subsections (a)(5), (c)(1)(D) and (d)(2)(D) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
11. Editorial correction deleting last sentence (Register 99, No. 26).
12. Amendment filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
13. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).

Note: Authority cited: Sections 4551 and 4561, Public Resources Code. Reference: Sections 4561, 4582(h) and 4587, Public Resources Code.

1. Repealer and new section filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
2. Change without regulatory effect filed 5-24-89 (Register 89, No. 23).
3. Editorial correction of subsection (b)(2) (Register 91, No. 28).
4. Amendment of section heading and section filed 11-25-91 as an emergency; operative 11-25-91 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL 3-24-92 or emergency language will be repealed by operation of law on the following day.
5. Repealer of emergency amendments filed 11-25-91 and reinstatement of prior text filed 9-22-92 by operation of Government Code section 11346.1(f) (Register 92, No. 40).
6. Amendment filed 1-7-94; operative 3-1-94 (Register 94, No. 1).
7. Amendment of subsections (a)(1)-(2)(A), (a)(4)(A) and (d)(3) filed 5-16-94; operative 5-16-94 (Register 94, No. 20).
8. Amendment of subsection (a)(4)(A) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
9. Editorial correction of subsection (a)(2)(B) and restoring text inadvertently deleted from last paragraph (Register 96, No. 50).
10. Amendment of subsections (a)(5), (c)(1)(D) and (d)(2)(D) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
11. Editorial correction deleting last sentence (Register 99, No. 26).
12. Amendment filed 11-14-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 46).
13. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).