Section 1032.7 - Plan Submittal and Notice of Intent(a) A Plan shall be submitted by the Person who owns, leases, contracts, or operates on Timberland to harvest timber for commercial purposes.(b) Where the land or timber is owned or operated by parties other than the Person executing the Plan, the Person submitting the Plan shall give prompt written notice of such Plan to those parties.(c) The RPF preparing the Plan shall submit to the Director, with the Plan, a Notice of Intent to Harvest Timber (Notice of Intent) if: (1) any proposed Plan boundary lies within three-hundred (300) feet of any property not owned by the Timberland owner, or(2) any Plan amendment that changes a Plan boundary so that the new boundary lies within three-hundred (300) feet of property not owned by the Timberland owner, or(3) any Plan amendment changes the silvicultural method if a Notice of Intent was required for the Plan by condition (1) or (2) above or,(4) any overhead electrical power line, except a line from a transformer to a service panel, is present within the Plan area or within two-hundred (200) feet outside the Plan boundary, or(5) any Plan amendment changes a Plan boundary so that any overhead electrical power line, except a line from a transformer to a service panel, is within the new boundary or is within two-hundred (200) feet outside the new Plan boundary.(d) A Notice of Intent shall include the following information: (1) The names of the Timberland owner, RPF who prepared the Plan, and the Plan submitter.(2) The location of the Plan area by county, section, township, and range, and the approximate direction and distance to the Plan area from the nearest community or well-known landmark.(3) The name of and distance from the nearest perennial Stream and major water course flowing through or downstream from the Plan area.(4) The acres proposed to be harvested.(5) The Silvicultural Systems to be used, including Regeneration Methods, Intermediate Treatments, Special Prescriptions, and Alternative Prescriptions.(6) The estimated earliest date that the Director may approve the Plan. This is fifteen (15) days from receipt of the Plan by the Department, except in counties for which Rules and regulations have been adopted pursuant to §§ 4516.5 or 4516.8 of the Public Resources Code where the earliest date the Director may approve the Plan is forty-five (45) days after receipt of the Plan by the Department.(7) A statement that the public may review the Plan at the appropriate CAL FIRE Review Team Office and that a copy of the Plan may be obtained from the Department upon payment of the applicable charge.(8) A map which provides the approximate boundary of the THP area, a map legend, and a scale. This map shall be posted with the Notice of Intent.(9) A statement that questions or concerns regarding the specific Plan should be directed to the applicable CAL FIRE Review Team Office for public input incorporation into an Official Response Document.(10) A statement of whether there is a known overhead electric power line within the proposed Plan area except a line from a transformer to a service panel.(e) The RPF preparing the Plan shall furnish to the Department at the time of submission of the Plan, the names and mailing addresses of all property owners within three-hundred (300) feet of the plan boundary. Either a list compiled from the latest equalized assessment roll or a list provided by a title company doing business in California compiled within sixty (60) days of submission of the Plan shall be deemed sufficient for compliance with the subsection.(f) The RPF preparing the Plan shall furnish to the Department at the time of submission of the Plan, the names and mailing addresses of utilities that operate overhead electrical power lines within the Plan boundary or within two-hundred (200) feet outside the Plan boundary. This information shall be obtained from the Utility Contact List.(g) The Department shall mail copies of the Notice of Intent within two (2) working days of receipt of the Plan to all Persons identified in (e) and (f) above.(h) Prior to submission of the Plan, the Person submitting the Plan shall post a copy of the Notice of Intent including a map as described in (d)(8) at a conspicuous location on the Public Road nearest the Plan. Said Notice of Intent shall be on colored paper or identified with colored flagging so as to be easily visible to the public.Cal. Code Regs. Tit. 14, § 1032.7
1. Renumbering and amendment of section 1034.1 to section 1037.7 filed 2-2-82; effective thirtieth day thereafter (Register 82, No.6). For history of former section, see Register 79, No.44.
2. Amendment of subsection (e) filed 10-19-82; effective thirtieth day thereafter (Register 86, No.2).
3. Amendment filed 1-8-86; effective thirtieth day thereafter (Register 86, No.2)
4. Amendment of subsections (c), (d)(7) and (e) filed 5-23-90; operative 6-22-90 (Register 90, No. 27).
5. Amendment filed 5-27-92; operative 6-29-92 (Register 92, No. 25).
6. New subsection (d)(10) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
7. Change without regulatory effect amending subsections (d)(7) and (d)(9) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
8. Amendment filed 12-1-2016; operative 1-1-2017 pursuant to Public Resources Code section 4554.5 (Register 2016, No. 49).
9. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
10. Amendment of subsection (d)(5) filed 10-27-2022; operative 1-1-2023 pursuant to Public Resources Code section 4554.5 (Register 2022, No. 43). Note: Authority cited: Sections 4551 and 4582.3, Public Resources Code. Reference: Sections 4551, 4581, 4582.3, 21080 and 21092, Public Resources Code.
1. Renumbering and amendment of section 1034.1 to section 1037.7 filed 2-2-82; effective thirtieth day thereafter (Register 82, No.6). For history of former section, see Register 79, No.44.
2. Amendment of subsection (e) filed 10-19-82; effective thirtieth day thereafter (Register 86, No.2).
3. Amendment filed 1-8-86; effective thirtieth day thereafter (Register 86, No.2)
4. Amendment of subsections (c), (d)(7) and (e) filed 5-23-90; operative 6-22-90 (Register 90, No. 27).
5. Amendment filed 5-27-92; operative 6-29-92 (Register 92, No. 25).
6. New subsection (d)(10) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
7. Change without regulatory effect amending subsections (d)(7) and (d)(9) filed 12-17-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
8. Amendment filed 12-1-2016; operative 1/1/2017 pursuant to Public Resources Code section 4554.5 (Register 2016, No. 49).
9. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
10. Amendment of subsection (d)(5) filed 10-27-2022; operative 1/1/2023 pursuant to Public Resources Code section 4554.5 (Register 2022, No. 43).