Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1.5 - Department of Forestry and Fire ProtectionChapter 4 - Forest PracticesSubchapter 5 - Northern Forest District Rules
Article 6 - Watercourse and Lake Protection
Section 936 - Intent of Watercourse and Lake Protection

Cal. Code Regs. tit. 14 § 936

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 936 - Intent of Watercourse and Lake Protection

The purpose of this article is to ensure that Timber Operations do not potentially cause significant adverse site-specific and Cumulative Impacts to the Beneficial Uses of water, native aquatic and Riparian-Associated Species, and the Beneficial Functions of Riparian Zones; or result in an unauthorized take of listed aquatic Species; or threaten to cause violation of any applicable legal requirements. This article also provides protection measures for application in Watersheds with Listed Anadromous Salmonids and watersheds listed as water quality limited under § 303(d) of the Federal Clean Water Act.

It is the intent of the Board to restore, enhance, and maintain the productivity of Timberlands while providing appropriate levels of consideration for the quality and Beneficial Uses of water relative to that productivity. Further, it is the intent of the Board to clarify and assign responsibility for recognition of potential and existing impacts of Timber Operations on Watercourses and Lakes, native aquatic and Riparian-Associated Species, and the Beneficial Functions of Riparian Zones and to ensure all Plans, exemptions and emergency notices employ Feasible measures to effectively achieve compliance with this article. Further, it is the intent of the Board that the evaluations that are made, and the measures that are taken or prescribed, be documented in a manner that clearly and accurately represents those existing conditions and those measures. "Evaluations made" pertain to the assessment of the conditions of the physical form, water quality, and biological characteristics of Watercourses and Lakes, including Cumulative Impacts affecting the bBeneficial uUses of water on both the area of planned logging operations and in the Watershed Assessment Area (WAA). "Measures taken" pertain to the procedures used or prescribed for the restoration, enhancement, and maintenance of the Beneficial Uses of water.

All provisions of this article shall be applied in a manner, which complies with the following:

(a) During and following Timber Operations, the Beneficial Uses of water, native aquatic and Riparian-Associated Species, and the Beneficial Functions of Riparian Zones shall be maintained where they are in good condition, protected where they are threatened, and insofar as Feasible, restored where they are impaired.
(b) Maintenance, protection, and contribution towards restoration of the quality and Beneficial Uses of water during the planning, review, and conduct of Timber Operations shall comply with all applicable legal requirements including those set forth in any applicable water quality control plan adopted or approved by the State Water Resources Control Board. At a minimum, the LTO shall not remove water, trees or large Woody debris from a Watercourse or Lake, the adjacent Riparian area, or the adjacent Flood Prone Areas in quantities deleterious to fish, wildlife, Beneficial Functions of Riparian Zones, or the quality and Beneficial Uses of water.
(c) Protecting and restoring native aquatic and Riparian-Associated Species, the Beneficial Functions of Riparian Zones, and the quality and Beneficial Uses of water shall be given equal consideration as a management objective within any prescribed WLPZ and within any ELZ or EEZ designated for Watercourse or Lake protection and any other location where Timber Operations may affect Riparian zones or the quality and Beneficial Uses of water.
(d) The measures set forth in this Section are meant to enforce the public's historical and legal interest in protection for wildlife, fish, and water quality and are to be used to guide timberland owners in meeting their legal responsibilities to protect public trust resources.

Cal. Code Regs. Tit. 14, § 936

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).
4. Amendment of section and NOTE filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (e) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsection (e) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
7. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
8. Amendment of subsection (e) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (e) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (e) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (e) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
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, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 21001(b)(f), 21002 and 21002.1, Public Resources Code; and Sections 100, 1243, 1243.5, 13001, 13050(f), 13146 and 13247, Water Code.

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment filed 12-2-99; operative 1-1-2000 pursuant to Government Code section 11343.4(a) and Public Resources Code section 4554.5 (Register 99, No. 49).
4. Amendment of section and Note filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (e) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsection (e) filed 11-20-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 47).
7. Amendment of last paragraph filed 7-12-2002; operative 1-1-2003 pursuant to Public Resources Code section 4554.5 (Register 2002, No. 28).
8. Amendment of subsection (e) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (e) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (e) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (e) filed 11-7-2008; operative 1-1-2009 pursuant to Public Resources Code section 4554.5(a) (Register 2008, No. 45).
12. Amendment filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
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).