Statutes, codes, and regulations
California Code Of Regulations
Title 14 - Natural ResourcesDivision 1.5 - Department of Forestry and Fire ProtectionChapter 4 - Forest PracticesSubchapter 7 - Administration
Article 2 - Timber Harvesting Plan
Section 1052.1 - Emergency Conditions

Cal. Code Regs. tit. 14 § 1052.1

Download
PDF
Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1052.1 - Emergency Conditions
(a) The following are conditions that constitute an Emergency pursuant to 14 CCR § 895.1:
(1) Trees that are dead or dying as a result of insects, disease, parasites, or animal damage.
(2) Trees that are fallen, damaged, dead or dying as a result of wind, snow, freezing weather, drought, fire, flood, landslide or earthquake.
(3) Trees that are dead or dying as a result of air or water pollution.
(4) Cutting or removing trees required for Emergency construction or repair of roads.
(5) Where high, very high or extreme fuel hazard conditions, the combination of combustible fuel quantity, type, condition, configuration and terrain positioning, pose a significant fire threat on private Timberlands. Cutting and removal of hazardous fuels, including trees, shrubs and other woody material, is needed to eliminate the vertical and horizontal continuity of Understory fuels, Surface Fuels, and/or crown fuels, for the purpose of reducing the rate of fire spread, fire duration and intensity, and fuel ignitability.
(6) An isolated infestation of Sudden Oak Death (SOD) (caused by Phytophthora ramorum), in the locations listed below, where such treatments are intended to eradicate the infestation or significantly slow the spread of the disease. For the purpose of this rule an isolated infestation is:
(A) An infestation located in a Planning Watershed where SOD had not previously been noted; or
(B) An infestation located in a Planning Watershed that is greater than 1 mile from a known SOD infestation; or
(C) A new infestation within a Planning Watershed where all known previous SOD infestations within the ownership have been or will be subject to control or eradication efforts; or
(D) A location where landowners seek to contain an infestation, even though some landowners have not made proactive efforts within a Planning Watershed, and the Department's Pest Specialist determines that control efforts may be effective.
(E) An isolated infestation is limited to locations in the following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Mateo, San Luis Obispo, Santa Clara, Santa Cruz, Solano, and Sonoma.
(b) The following are conditions that constitute a financial Emergency as defined in 14 CCR § 895.1:
(1) Potential financial loss of timber previously inoperable or unmerchantable due to one or more of the following factors: access, location, condition, or timber volume that has unexpectedly become Feasible to harvest provided that the harvest opportunity will not be economically Feasible for more than 1 year and provided that such operations meet the conditions specified in 14 CCR §§ 1038.1(c)(5)-(14) and 1038.3(p) and meet minimum Stocking requirements at the completion of Timber Operations.

Cal. Code Regs. Tit. 14, § 1052.1

1. New Section filed 1-2-81; effective thirtieth day thereafter (Register 81, No. 1).
2. Amendment of last paragraph filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
3. Amendment of first paragraph and subsection (d) filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).
4. New subsection (e) filed 6-25-2004 as an emergency; operative 6-25-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
5. New subsection (e) refiled 10-12-2004 as an emergency; operative 10-26-2004 (Register 2004, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-23-2004 or emergency language will be repealed by operation of law on the following day.
6. New subsection (e) refiled 2-22-2005 as an emergency; operative 2-24-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-24-2005 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-22-2005 order transmitted to OAL 6-23-2005 and filed 8-5-2005. Amendments to emergency language effective 1-1-2006 pursuant to Public Resources Code section 4554.5(a) (Register 2005, No. 31).
8. New subsection (f) filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section heading and subsection (e) filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
10. Amendment of last paragraph filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
11. Change without regulatory effect amending section heading and removing pre-2006 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
12. Repeal of 7-9-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
13. Amendment of first paragraph, new subsections (f)-(f)(5) and amendment of NOTE filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of HISTORY 13 (Register 2011, No. 20).
15. Amendment of first paragraph, new subsections (f)-(f)(5) and amendment of NOTE refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
16. Reinstatement of section as it existed prior to 2-7-2011 order by operation of Government Code section 11346.1(f) (Register 2012, No. 41).
17. New subsections (f)-(f)(5) and amendment of NOTE filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
18. Amendment of subsection (b) filed 7-13-2015 as an emergency; operative 7-13-2015 (Register 2015, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-11-2016 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 7-13-2015 order transmitted to OAL 10-13-2015 and filed 11-23-2015; operative 1-1-2016 pursuant to Public Resources Code section 4554.5 (Register 2015, No. 48).
20. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
21. Change without regulatory effect amending section filed 7-31-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 31).

Note: Authority cited: Sections 4551 and 4552, Public Resources Code. Reference: Sections 4592, 4750, 4750.3 and 4750.4, Public Resources Code.

1. New Section filed 1-2-81; effective thirtieth day thereafter (Register 81, No. 1).
2. Amendment of last paragraph filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
3. Amendment of first paragraph and subsection (d) filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).
4. New subsection (e) filed 6-25-2004 as an emergency; operative 6-25-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-25-2004 or emergency language will be repealed by operation of law on the following day.
5. New subsection (e) refiled 10-12-2004 as an emergency; operative 10-26-2004 (Register 2004, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-23-2004 or emergency language will be repealed by operation of law on the following day.
6. New subsection (e) refiled 2-22-2005 as an emergency; operative 2-24-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-24-2005 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-22-2005 order transmitted to OAL 6-23-2005 and filed 8-5-2005. Amendments to emergency language effective 1-1-2006 pursuant to Public Resources Code section 4554.5(a) (Register 2005, No. 31).
8. New subsection (f) filed 7-9-2007 as an emergency; operative 7-9-2007 (Register 2007, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section heading and subsection (e) filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
10. Amendment of last paragraph filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
11. Change without regulatory effect amending section heading and removing pre-2006 version of section filed 4-20-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 17).
12. Repeal of 7-9-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
13. Amendment of first paragraph, new subsections (f)-(f)(5) and amendment of Note filed 2-7-2011 as an emergency; operative 2-7-2011 (Register 2011, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2011 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of History 13 (Register 2011, No. 20).
15. Amendment of first paragraph, new subsections (f)-(f)(5) and amendment of Note refiled 8-8-2011 as an emergency; operative 8-8-2011 (Register 2011, No. 32). A Certificate of Compliance must be transmitted to OAL by 11-7-2011 or emergency language will be repealed by operation of law on the following day.
16. Reinstatement of section as it existed prior to 2-7-2011 order by operation of Government Code section 11346.1(f) (Register 2012, No. 41).
17. New subsections (f)-(f)(5) and amendment of Note filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
18. Amedment of subsection (b) filed 7-13-2015 as an emergency; operative 7-13-2015 (Register 2015, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-11-2016 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 7-13-2015 order transmitted to OAL 10-13-2015 and filed 11-23-2015; operative 1-1-2016 pursuant to Public Resources Code section 4554.5 (Register 2015, No. 48).
20. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
21. Change without regulatory effect amending section filed 7-31-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 31).