Section 963.1 - Planning for Logging Roads and LandingsLogging Roads and Landings shall be planned and located within the context of a systematic layout pattern that considers 14 CCR § 923(b), uses existing Logging Roads and Landings where Feasible and appropriate, and provides access for fire and resource protection activities.
(a) Logging Roads and Landings shall be planned and located to minimize the following: (1) Duplicative roads and total road mileage.(2) The number of Logging Road Watercourse crossings.(3) Construction and reconstruction near Watercourses, Lakes, marshes, and Wet Meadows and Other Wet Areas.(4) Construction and reconstruction across steep areas that lead without flattening to Class I, II, III, or IV Watercourses and Lakes.(5) Construction and reconstruction on Unstable Areas or in Connected Headwall Swales.(6) Construction and reconstruction near nesting sites of rare, threatened, or endangered bird Species.(7) Construction and reconstruction near populations of rare, threatened, or endangered plants.(8) Ground disturbance and the size of cuts and Fills.(9) The potential for affecting surface hydrology, including, but not limited to, concentrating or diverting runoff or draining the Logging Road or Landing surface directly into a Watercourse or Lake.(10) Maintenance needs while being compatible with the Logging Road classification and long-term road usage.(b) No Logging Roads or Landings shall be planned for construction (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, or 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 planned for reconstruction (i) within Class I, II, III, or IV Watercourses or Lakes, (ii) within a WLPZ, or (iii) in marshes, or 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 be planned and located to avoid Unstable Areas and Connected Headwall Swales. The Director may approve an exception if those areas are unavoidable and site-specific measures to minimize slope instability due to Logging Road or Landing construction or reconstruction are described and justified in the Plan.(e) As part of the planning and use of Logging Roads, Landings, and Watercourse crossings in the Logging Area, the RPF or Supervised Designee shall: (i) locate and map significant existing and potential erosion sites and(ii) specify Feasible treatments to mitigate significant adverse impacts from the road or Landing. (1) The RPF shall evaluate all Logging Roads and Landings in the Logging Area, including Appurtenant Roads, for evidence of significant existing and potential erosion sites.(2) For significant existing and potential erosion sites identified pursuant to 14 CCR § 963.1, subsection (e)(1), the RPF shall consider the following key factors as part of developing necessary treatments: (A) Type of road (permanent, seasonal, or Temporary Road), road location, expected log truck haul routes, and traffic use (e.g., volume and season) of each road segment during the life of the Plan.(B) Age of road and the history of sediment delivery from existing roads.(C) Beneficial Uses of the Watercourse or Lake and sensitive conditions potentially affected by the road including, but not limited to, Watercourse classification and presence of listed anadromous salmonids.(D) The hillslope grade, road grade of crossing approaches and the gradient of the Stream channel.(E) The erodibility of hillslope material exposed by the road.(F) The length of hydrologic connectivity of a road segment, the physical properties of the connected segment and the presence or absence of an effective sediment filter strip.(G) Site-specific information regarding the condition of and location of all existing or potential sediment sources including, but not limited to: Watercourse crossings, Road Approaches, ditch relief culverts, road surfaces, road cuts, road Fills, inboard ditches, through-cuts, and Landings.(3) The RPF shall submit a list of the significant existing and potential erosion sites identified pursuant to 14 CCR § 963.1, subsection (e)(1), which have Feasible treatments with the Plan. This list shall include the following information: (A) A map showing the location(s) of significant existing and potential erosion site(s) with a unique identifier for each site.(B) Brief description of present condition of the mapped Significant Existing or Potential Erosion Site.(C) Brief description of proposed treatments for the mapped Significant Existing or Potential Erosion Site.(D) Items (B) and (C) above can be provided in tabular form as part of the Plan.(4) The RPF shall disclose and map the significant existing and potential erosion sites identified pursuant to 14 CCR § 963.1, subsection (e)(1), for which no Feasible treatment measures exist.(5) Where Feasible treatments for Significant Existing or Potential Erosion Sites are proposed, the RPF shall describe in the Plan a logical order of treatment.(f) When selecting Feasible alternatives (see 14 CCR §§ 897 and 898) during the planning phase of Logging Roads and Landings, the RPF shall consider the location and planned use of Logging Roads and Landings and whether such Logging Roads and Landings will be abandoned or deactivated.(g) In Watersheds with Listed Anadromous Salmonids and in Planning Watersheds immediately upstream of, and contiguous to, any watershed with listed anadromous salmonids, where Logging Road or Landing construction or reconstruction is proposed, the Plan shall identify: (1) How the proposed operations will fit into the systematic layout pattern.(2) What, if any, offsetting mitigation measures, including, but not limited to, Abandonment of Logging Roads and Landings, are needed to minimize potential adverse impacts to watersheds from the road system.(h) In Watersheds with Listed Anadromous Salmonids, no Logging Roads or Landings shall be planned for construction or reconstruction in the CMZ or Core Zone of a Class I Watercourse except those listed in 14 CCR § 956.9(e)(1)(A)-(E) or pursuant to 14 CCR § 956.9(v), or within 150 feet of a Class I Watercourse Transition Line.(i) In Watersheds with Listed Anadromous Salmonids within the Inner Zone A and B of Flood Prone Areas of Class I Watercourses, the following Preferred Management Practices should be considered for inclusion in the Plan by the RPF and by the Director: (1) Constructed and Reconstructed Logging Roads and Landings should not be planned for location within these zones.(2) When Feasible, planned use of existing Logging Roads and Landings should be minimized in the Flood Prone Areas.(3) Exceptions include the use of roads and Landings to accomplish actions to improve salmonid habitat conditions stated in 14 CCR § 956.9(f)(3)(E)1.Cal. Code Regs. Tit. 14, § 963.1
1. Amendment of subsections (a), (c), (d) and (i) filed 2-11-91; operative 2-13-91 (Register 91, No. 14).
2. Amendment of subsection (i) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
3. New subsection (j) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
4. Amendment of subsection (j) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
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 section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
7. Amendment of subsections (a)(3), (b) and (c) and amendment of NOTE 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 and 4551.5, Public Resources Code; 33 USC 1288(b); 40 CFR 130.2(g); and Natural Resources Defense Council, Inc. v. Arcata Natl. Corp. (1972) 59 Cal.App.3d 959, 131 Cal. Rptr. 172.
1. Amendment of subsections (a), (c), (d) and (i) filed 2-11-91; operative 2-13-91 (Register 91, No. 14).
2. Amendment of subsection (i) filed 11-7-96; operative 1-1-97 (Register 96, No. 45).
3. New subsection (j) filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
4. Amendment of subsection (j) filed 11-19-2010; operative 1-1-2011 pursuant to Public Resources Code section 4554.5(a) (Register 2010, No. 47).
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 section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).
7. Amendment of subsections (a)(3), (b) and (c) and amendment of Note filed 7-29-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5(a) (Register 2022, No. 30).