Section 1094.29 - Five (5) Year Review of Wfmp(a) The Department shall publish a public notice that the five (5) year review of the WFMP shall commence at least thirty (30) days prior to each five (5) year anniversary date of the WFMP approval. The published notice shall contain a copy of the plan summary and shall indicate that public comment on the five (5) year review shall be accepted during the thirty (30) day period. The public may submit to the review team additional information relevant to the purpose of the five (5) year review and the review team may consider this information when conducting its review. The Director shall distribute copies of the five (5) year review public notice and plan summary to: (1) The Office of the County Clerk of the county(s) in which the approved WFMP resides;(2) The local CAL FIRE Unit headquarters for posting;(3) At such other locations as the Director may deem desirable and feasible to provide adequate public notice;(4) The Department's Internet Web site.(5) Working Forest Landowner(s) and the Designated Agent if one exists.(b) The Director shall convene a meeting with the interdisciplinary review team, pursuant to 14 CCR § 1037.5, within thirty (30) days following each five (5) year anniversary of a WFMP approval to review the Plan's administrative record, agency comment, public comment, plan summary, and any other relevant information to verify that completed or current timber operation(s) have been conducted in accordance with the Plan and applicable laws and regulations. Additionally, the review team shall also analyze any significant episodic events occurring during the previous five (5) years including disease and drought caused tree mortality, windthrow, wildfire and landslides. Participation by review team agencies shall be at the discretion of each agency. If at this meeting a member of the review team determines that a field inspection is necessary to verify that timber operations have been conducted in accordance with the Plan and applicable laws and regulations, then a field inspection may be conducted within sixty (60) days following each five (5) year anniversary date of WFMP approval.(c) The plan summary shall include number of Working Forest Harvest Notices, acreage operated under each Working Forest Harvest Notice, the number of violations received, the number of substantial deviations received, and the volume harvested in relation to projections of harvest in the WFMP to determine if timber operations under Working Forest Harvest Notice(s) were conducted in compliance with the content and procedures in the WFMP.(d) If the Department or a review team agency does not have direct access to information needed for the five (5) year summary, the Department may require the Working Forest Landowner(s) to provide this information.(e) If notices of violation have been issued, or the five (5) year review indicates potentially significant adverse impacts to the environment may occur from continuance of the WFMP, or if the Department is presented with a fair argument that a project may have a significant adverse impact on the environment, the Department shall provide written comments to the Designated Agent that a review of the WFMP content and procedures may be necessary. The Director shall state any changes and reasonable conditions in the Director's professional judgment that are needed to bring timber operations into compliance with the applicable Board Rules and offer to confer with the Designated Agent in order to reach agreement on the conditions necessary to bring the timber operations into compliance and to mitigate significant adverse impacts on the environment identified during the five (5) year review. Failure to implement the changes or reasonable conditions provided by the Director or developed in conference with the Designated Agent may result in cancellation of the WFMP pursuant to 14 CCR § 1094.31(b).(f) The findings of the five (5) year review shall be completed by the Department within sixty (60) days of each five (5) year anniversary date of the WFMP approval, or within one hundred and five (105) days of each five (5) year anniversary date of the WFMP approval if a field inspection is completed.(g) The findings of the five (5) year review shall be distributed on the Department's Internet Web site and the Department shall notify the Working Forest Landowner(s) of the findings of the five (5) year review.(h) This section does not authorize the public disclosure of proprietary information without first obtaining the Working Forest Landowner's consent. Proprietary information shall be treated consistent with PRC § 21160 and GOV § 6254.7.Cal. Code Regs. Tit. 14, § 1094.29
1. New section filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22). Note: Authority cited: Sections 4551, 4551.5, 4552 and 4553, Public Resources Code. Reference: Sections 4597.12 and 21160, Public Resources Code.
1. New section filed 6-2-2017; operative 1/1/2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).