§ 4516.5. — 4516.5. (Amended by Stats. 1984, Ch. 1446, Sec. 1.)

California § 4516.5.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 4.: DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS
• Part 2.: PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS
• Ch. 8.: CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
Individual counties may recommend that the board adopt additional rules and regulations for the content of timber harvesting plans and the conduct of timber operations to take account of local needs. For purposes of this section, “timber operations” includes, but is not limited to, soil erosion control, protection of stream character and water quality, water distribution systems, flood control, stand density control, reforestation methods, mass soil movements, location and grade of roads and skid trails, excavation and fill requirements, slash and debris disposal, haul routes and schedules, hours and dates of logging, and performance bond or other reasonable surety requirements for onsite timber operations and for protection of publicly and privately owned roads that are part of the haul route. Where a bond or other surety has been required, the director shall not issue a work completion report without first ascertaining whether the county in which the timber operations were conducted has knowledge of any claims intended to be made on the bond or surety.
(b)
The board shall, in conformance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and within 180 days after receiving recommended rules and regulations from a county, adopt rules and regulations for the content of timber harvesting plans and the conduct of timber operations consistent with the recommended rules and regulations, subject to Section 4551.5, if the board finds the recommended rules and regulations are both of the following:
(1)
Consistent with the intent and purposes of this chapter.
(2)
Necessary to protect needs and conditions of the county recommending them.
(c)
The rules and regulations, if adopted by the board, shall apply only to the conduct of timber operations within the recommending county and shall be enforced and implemented by the department in the same manner as other rules and regulations adopted by the board.
(d)
Except as provided in subdivision (e), individual counties shall not otherwise regulate the conduct of timber operations, as defined by this chapter, or require the issuance of any permit or license for those operations.
(e)
The board may delegate to individual counties its authority to require performance bonds or other surety for the protection of roads, in which case, the procedures and forms shall be the same as those used in similar circumstances in the county. The board may establish reasonable limits on the amount of performance bonds or other surety which may be required for any timber operation and criteria for the requirement, payment, and release of those bonds or other surety. If the county fails to inform the director of the claims within 30 days after the completion report has been filed, the bond or surety shall be released.
(f)
This section does not apply to timber operations on any land area of less than three acres and which is not zoned timberland production.

Legislative History

Amended by Stats. 1984, Ch. 1446, Sec. 1.