Cal. Code Regs. tit. 14 § 936.2

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 936.2 - Protection of the Beneficial Uses of Water and Riparian Functions

(a) The measures used to protect each Watercourse and Lake in a Logging Area shall be determined by the presence and condition of the following values:

(1) The existing and restorable quality and Beneficial Uses of water as specified by the applicable water quality control plan and as further identified and refined during preparation and review of the Plan.

(2) The existing and restorable uses of water for fisheries as identified by the CDFW or as further identified and refined during preparation and review of the Plan.

(3) The Beneficial Functions of Riparian Zones that provides for the biological needs of native aquatic and Riparian-Associated Species as specified in 14 CCR § 936.4, subsection (b) and 14 CCR § 936.9 when the Plan is in a Planning Watershed with listed anadromous salmonids.

(4) Sensitive conditions near Watercourses and Lakes as specified in 14 CCR § 936.4, subsection (a).

The maintenance, protection, and contribution towards restoration of these values shall be achieved through a combination of the Rules and Plan-specific mitigation. The RPF shall propose, and the Director may require, adequate protection of overflow and changeable channels which are not contained within the Channel Zone.

(b) The State's waters are grouped into four classes based on key Beneficial Uses. These classifications shall be used to determine the appropriate protection measures to be applied during the conduct of Timber Operations. The basis for classification (characteristics and key Beneficial Uses) are set forth in 14 CCR § 936.5, Table 1 and the range of appropriate protective measures applicable to each class are contained in 14 CCR §§ 936.3, 936.4, and 936.5 and 936.9 when the Plan is in a Planning Watershed with listed anadromous salmonids.

(c) When the protective measures contained in 14 CCR §§ 936.5 and 936.9 when the Plan is in a Planning Watershed with listed anadromous salmonids, are not adequate to provide for maintenance, protection or to contribute towards restoration of Beneficial Uses of water set forth in 14 CCR § 936.5 Table 1, additional measures to achieve these goals shall be developed by the RPF or proposed by the Director under the provisions of 14 CCR § 936.6, Alternative Watercourse and Lake Protection, and incorporated in the Plan when approved by the Director.

Cal. Code Regs. Tit. 14, § 936.2

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 of section heading, repealer of subsection (a), new subsections (a)(1)-(4), and amendment of subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of section heading, section and NOTE filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (d) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsections (a)(4) and (d) 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 (d) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (d) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (d) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (d) 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. New subsections (d)-(d)(2)(I) filed 6-19-2014 as an emergency; operative 6-19-2014 (Register 2014, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-16-2014 or emergency language will be repealed by operation of law on the following day.
14. Reinstatement of section as it existed prior to 6-19-2014 emergency amendment by operation of Government Code section 11346.1(f) (Register 2014, No. 51).
15. Editorial correction of NOTE (Register 2015, No. 5).
16. New subsections (d)-(d)(2)(I) filed 9-4-2015 as an emergency; operative 9-4-2015 (Register 2015, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-2-2016 or emergency language will be repealed by operation of law on the following day.
17. Reinstatement of section as it existed prior to 9-4-2015 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 16).
18. 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 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 13050(f), Water Code; and Sections 1600 and 5650(c), Fish and Game 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 of section heading, repealer of subsection (a), new subsections (a)(1)-(4), and amendment of subsection (c) filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of section heading, section and N ote filed 5-31-2000; operative 7-1-2000 (Register 2000, No. 22).
5. Amendment of subsection (d) filed 11-30-2000; operative 1-1-2001 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 48).
6. Amendment of subsections (a)(4) and (d) 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 (d) filed 12-1-2003; operative 1-1-2004 pursuant to Public Resources Code section 4551.5 (Register 2003, No. 49).
9. Amendment of subsection (d) filed 9-20-2006; operative 10-20-2006 (Register 2006, No. 38).
10. Amendment of subsection (d) filed 10-24-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5 (Register 2007, No. 43).
11. Amendment of subsection (d) 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. New subsections (d)-(d)(2)(I) filed 6-19-2014 as an emergency; operative 6/19/2014 (Register 2014, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-16-2014 or emergency language will be repealed by operation of law on the following day.
14. Reinstatement of section as it existed prior to 6-19-2014 emergency amendment by operation of Government Code section 11346.1(f) (Register 2014, No. 51).
15. Editorial correction of Note (Register 2015, No. 5).
16. New subsections (d)-(d)(2)(I) filed 9-4-2015 as an emergency; operative 9-4-2015 (Register 2015, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-2-2016 or emergency language will be repealed by operation of law on the following day.
17. Reinstatement of section as it existed prior to 9-4-2015 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 16).
18. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).