Cal. Code Regs. tit. 14 § 4970.10.2

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 4970.10.2 - Development

(a) Purpose

Construction of, or improvements to, Facilities to sustain or enhance OHV recreational opportunity and experiences.

(b) Available Funding

From the O&M category, at least ten percent (10%) of the funds will be available for Development Projects.

(c) Examples of Deliverables

Development Deliverables include, but are not limited to the following:

(1) Trail and trailhead/staging area construction,

(2) Access road and parking lot construction, and/or the removal and replacement of pavement or a parking lot,

(3) Picnic, restrooms, kiosks, and camping facilities construction,

(4) Infrastructure for OHV related Facilities such as electricity, water, sewage treatment,

(5) Conservation practices with regard to environmental protection, and

(6) Discretionary rerouting of roads or trails.

(d) Project-Specific Application Requirements

In addition to the requirements listed in Section 4970.05.1, Applications for Development Projects shall include:

(1) Background

Provide a brief description of the Applicant or Land Manager's organization/ program (e.g., location and types of recreation available).

(2) Project Description

The Project Description shall provide sufficient clarity such that those not familiar with the Applicant or Project can understand what the Applicant intends to do. The Project Description shall include:

(A) A list of Project Deliverables the Applicant proposes to undertake,

(B) How the proposed Project relates to OHV Recreation and will add to, enhance, or otherwise sustain OHV Recreation or OHV Opportunity in the Project Area,

(C) The size of the proposed development,

(D) The timeline for Project completion, and

(E) The location(s) of existing OHV Opportunities in and around the Development and how the Project will affect or relate to those opportunities.

(3) Conceptual Drawings and Site Plans

Provide conceptual drawings of the site depicting proposed improvements and the location of those improvements. If the Project includes construction of a building, indicate floor plans and square footage.

(4) Land Tenure Certification

Local agencies shall certify to the OHMVR Division that they have adequate tenure to, and site control of, the properties to be improved. Tenure includes:

(A) Ownership,

(B) Lease,

(C) Easement, and

(D) Joint powers (or similar agreement).

(5) Project-Specific Maps

Project-specific maps shall include:

A map(s) containing enough detail to provide someone unfamiliar with the area the ability to locate the site. Map(s) shall show existing Facilities and proposed Facilities as part of this Project or other existing plans.

(e) Warranty for OHV use:

(1) The Applicant shall warrant that the Facility will be used for OHV Recreation,

(2) If the Facility is not used for the purpose of OHV Recreation for a period of 25 years following completion of the Project, the OHMVR Division may seek reimbursement of the Grant amount on a prorated basis, to the extent allowable by law.

(f) Optional Project-Specific Application Documents

If Applicants deem it helpful to support their specific Project Application, they may submit up to two (2) pages of Project-specific photos.

(g) Evaluation Criteria

Refer to Appendix, incorporated by reference, for Development Project Criteria (Rev. 1/22).

Cal. Code Regs. Tit. 14, § 4970.10.2

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (d)(1) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
3. Amendment of subsection (b), new subsections (e)-(e)(2) and subsection relettering filed 11-14-2013; operative 1-1-2014 (Register 2013, No. 46).
4. Amendment of subsection (c)(2), new subsection (d)(1), subsection renumbering and amendment of newly designated subsection (d)(2)(A) and subsection (e)(2) filed 12-14-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
5. Amendment of subsections (d), (d)(2)(A) and (g) filed 12-22-2020; operative 12-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
6. Amendment of subsection (g) filed 12-27-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsection (d)(1) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
3. Amendment of subsection (b), new subsections (e)-(e)(2) and subsection relettering filed 11-14-2013; operative 1-1-2014 (Register 2013, No. 46).
4. Amendment of subsection (c)(2), new subsection (d)(1), subsection renumbering and amendment of newly designated subsection (d)(2)(A) and subsection (e)(2) filed 12-14-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
5. Amendment of subsections (d), (d)(2)(A) and (g) filed 12-22-2020; operative 12/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
6. Amendment of subsection (g) filed 12-27-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.