Cal. Code Regs. tit. 14 § 1038.2

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 1038.2 - Mapping Standards for Notices of Exemption

A submitted notice of exemption shall include a seven-and-one-half (7 1/2) minute USGS quadrangle map, or its equivalent, depicting the information as required in Table 1 below. Additional maps, which may be topographic or planimetric, may be used to provide additional information, to show specific details, and to improve map clarity. A larger scale map such as an assessor parcel map showing the location of the Timber Operations shall be included for exemptions conducted under 14 CCR § 1038(c). The Appurtenant Roads included within the Logging Area pursuant to subsection (b) below may be shown on a map which may be planimetric with a scale as small as one-half inch equals one mile. Color coding shall not be used. A legend shall be included indicating the meaning of the symbols used. The submitted notice of exemption shall indicate if more than one Yarding system is to be used and identify the systems (if more than one is used).

Table 1: Mapping Requirements

Applicable Mapping RequirementsNotice of Exemption Type(s)
14 CCR § 1038.2(a)14 CCR § 1038(a), (c), and (g)
14 CCR § 1038.2(b), (c), (k)14 CCR § 1038(b), (c)(6), (d), (e), and (f)
14 CCR § 1038.2(d) through (f)14 CCR § 1038(c)(6) through (f)
14 CCR § 1038.2(g), (h), and (j)14 CCR § 1038(c)(6), (e), and (f)
14 CCR § 1038.2(i)14 CCR § 1038(b) through (f)
14 CCR § 1038.2 (l)14 CCR § 1038(f)
14 CCR § 1038.2(m)14 CCR § 1038(a) through (f)

(a) Boundaries of the Harvest Area.
(b) Boundaries of the Logging Area.
(c) Location of all Roads to be used for, or potentially impacted by, Timber Operations.
(d) The classification of all Roads as Permanent Roads, Seasonal Roads, or Temporary Roads.
(e) Road(s) and Landing(s) located in a Watercourse, Lake, WLPZ, Meadows and Wet Areas other than at road Watercourse crossings.
(f) Location of water drafting sites.
(g) Public Roads within one-quarter ( 1/4) mile of the Harvest Area.
(h) Location of portions of the Harvest Area with an Extreme Erosion Hazard Rating.
(i) Location of all Watercourses and Lakes with Class I, II, III or IV waters.
(j) Location of known Unstable Areas.
(k) Location of any Special Treatment Areas.
(l) Location of boundaries of timber-site classes needed for determination of stocking standards to be applied, down to at least a twenty (20) acre minimum or as specified in District Forest Practice Rules.
(m) Boundaries of any areas where Tractor Operations are proposed for use on areas designated for Cable Yarding.

Cal. Code Regs. Tit. 14, § 1038.2

1. New section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
2. Renumbering of former section 1038.2 to new section 1038.3 and new section filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
3. Amendment of subsection (e) and new subsections (f)-(f)(4) filed 11-9-2005; operative 1-1-2006 (Register 2005, No. 45).
4. Amendment of subsection (f) filed 11-25-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 48).
5. Amendment of first paragraph and subsections (e) and (e)(2), new subsections (f)-(f)(4), subsection relettering and amendment of newly designated subsections (g)(1) and (g)(4) filed 6-22-2015 as an emergency; operative 6-22-2015 (Register 2015, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2015 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-22-2015 order transmitted to OAL 10-14-2015 and filed 11-3-2015; operative 1-1-2016 pursuant to Public Resources Code section 4554.5(b) (Register 2015, No. 45).
7. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
8. New subsection (e), repealer of subsection (f)(1), subsection relettering and renumbering and amendment of newly designated subsections (f) and (g) filed 11-13-2018; operative 1-1-2019 pursuant to Public Resources Code section 4554.5 (Register 2018, No. 46).
9. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-19-2019 as an emergency; operative 2-19-2019 (Register 2019, No. 8). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), this amendment is deemed an emergency and shall remain in effect until revised by the Board of Forestry and Fire Protection.
10. Amendment of section heading, repealer and new section and amendment of NOTE refiled 8-1-2019 as an emergency, including further amendment of subsection (i); operative 8-1-2019 (Register 2019, No. 31). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), the amendment shall remain in effect until revised by the Board of Forestry and Fire Protection.
11. Amendment of Table 1 filed 11-14-2019; operative 1-1-2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
12. Amendment of Table 1 and new subsection (m) filed 11-10-2020; operative 1-1-2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).

Note: Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections 4527, 4584 and 4584.1, Public Resources Code.

1. New section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
2. Renumbering of former section 1038.2 to new section 1038.3 and new section filed 7-31-95; operative 7-31-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 31).
3. Amendment of subsection (e) and new subsections (f)-(f)(4) filed 11-9-2005; operative 1-1-2006 (Register 2005, No. 45).
4. Amendment of subsection (f) filed 11-25-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 48).
5. Amendment of first paragraph and subsections (e) and (e)(2), new subsections (f)-(f)(4), subsection relettering and amendment of newly designated subsections (g)(1) and (g)(4) filed 6-22-2015 as an emergency; operative 6-22-2015 (Register 2015, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2015 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-22-2015 order transmitted to OAL 10-14-2015 and filed 11-3-2015; operative 1-1-2016 pursuant to Public Resources Code section 4554.5(b) (Register 2015, No. 45).
7. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
8. New subsection (e), repealer of subsection (f)(1), subsection relettering and renumbering and amendment of newly designated subsections (f) and (g) filed 11-13-2018; operative 1/1/2019 pursuant to Public Resources Code section 4554.5 (Register 2018, No. 46).
9. Amendment of section heading, repealer and new section and amendment of Note filed 2-19-2019 as an emergency; operative 2/19/2019 (Register 2019, No. 8). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), this amendment is deemed an emergency and shall remain in effect until revised by the Board of Forestry and Fire Protection.
10. Amendment of section heading, repealer and new section and amendment of Note refiled 8-1-2019 as an emergency, including further amendment of subsection (i); operative 8-1-2019 (Register 2019, No. 31). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), the amendment shall remain in effect until revised by the Board of Forestry and Fire Protection.
11. Amendment of Table 1 filed 11-14-2019; operative 1/1/2020 pursuant to Public Resources Code section 4554.5(a) (Register 2019, No. 46).
12. Amendment of Table 1 and new subsection (m) filed 11-10-2020; operative 1/1/2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).