Cal. Code Regs. tit. 14 § 1052

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1052 - Emergency Notice

(a) Before cutting or removing timber on an Emergency basis, an RPF on behalf of a Timber Owner or operator shall submit a Notice of Emergency Timber Operations to the Director, on form RM-67 (1/1/10), form RM-65 (1052.4) (02/2020) for a Fuel Hazard Reduction Emergency, or form RM-66 (1052.5) (2/1/11) for a Sudden Oak Death Emergency, herein incorporated by reference, as prescribed by the Director. The notice shall include, but not be limited to, the following:

(1) Names and addresses of all Timberland owner(s), Timber Owner(s), and Timber Operator(s) for the area on which timber will be cut or removed.

(2) A description of the specific conditions that constitute the Emergency, its cause, extent and reason for immediate commencement of Timber Operations.

(3) Legal description of the area from which timber will be cut or removed.

(4) A titled USGS (if available) or equivalent topographic map(s) of scale not less than 2" to the mile, or larger scale, showing the Harvest Area, the legal description, Logging Roads, Class I, II, III and IV Watercourses, Yarding systems if more than one will be used, and boundaries of areas where Tractor Operations are proposed for use on areas designated for Cable Yarding. For Timber Operations conducted pursuant to 14 CCR § 1052.4 within those areas described by 14 CCR § 1052.4(c)(2)(A)-(F), the map(s) shall include those features described within 14 CCR § 1052.4(c)(2)(A)-(F), as appropriate.

(5) Yarding system to be used.

(6) The expected dates of commencement and completion of Timber Operations.

(7) A declaration by the RPF, made under penalty of perjury, that a bona fide Emergency exists which requires Emergency Timber Operations.

(8) A declaration by the Timber Owner, made under penalty of perjury, that any applicable timber yield taxes will be paid pursuant to § 38115 of the Revenue and Taxation Code.

(9) Name, address, License number, and signature of the RPF who prepares the notice and submits it to the Director on behalf of the Timber Owner or operator.

(10) For Emergency Notices covering three acres or more in size, the RPF shall include a CAL with the Emergency Notice submitted to the Director. The Director shall also submit a complete copy of the CAL and two copies of any required archaeological or historical site records, to the appropriate Information Center of the California Historical Resource Information System within 30 days from the date of Emergency Notice submittal to the Director.

(A) For Projects filing an Emergency notice for fuel hazard reduction under 14 CCR § 1052.4, archaeology requirements shall be conducted by a Person possessing current certification pursuant to 14 CCR § 929.4 [949.4, 969.4].

(11) Name, address, License number, and signature of the RPF who has been retained by the Timber Owner or operator to provide professional advice throughout the Timber Operations pursuant to 14 CCR § 1052(f).

(b) Timber Operations pursuant to an Emergency notice shall comply with the Rules and regulations of the Board. A Person conducting Timber Operations under an Emergency Notice shall comply with all operational provisions of the Forest Practice Act and District Forest Practice Rules applicable to "Timber Harvest Plan", "THP", and "Plan".

(c) In-lieu practices for Watercourse and Lake Protection Zones as specified under Article 6 of the Rules, exceptions to Rules, and alternative practices are not allowed unless necessary to protect public health and safety.

(d) Timber Operations pursuant to an Emergency Notice may not commence for five working days, 15 days for a fuel hazard Emergency per 14 CCR §§ 1052.1(a)(5) and 1052.4, from the date of the Director's receipt of the Emergency Notice unless such waiting period is waived by the Director. The Director shall determine whether the Emergency notice is complete. If it is found to be complete the Director shall send a copy of a notice of acceptance to the Timberland owner. If the Emergency Notice is not complete it shall be returned to the submitter. If the Director does not act within five working days, 15 days for a fuel hazard Emergency per 14 CCR §§ 1052.1(a)(5) and 1052.4, of receipt of the Emergency Notice, Timber Operations may commence.

(e) Timber Operations shall not continue beyond one (1) year from the date the Emergency Notice is accepted by the Director unless a Plan is submitted to the Director and found to be in conformance with the Rules and regulations of the Board, except for treatment of fuels in accordance with 14 CCR § 1052.4(d)(4) and (5).

(f) An RPF shall be retained by the Timber Owner or LTO to provide professional advice throughout the Timber Operations and shall be present, or ensure that the RPF's Supervised Designee is present, on the Logging Area at a sufficient frequency to know the progress of operations and advise the LTO and Timberland Owner, but not less than once during the life of the notice.

Cal. Code Regs. Tit. 14, § 1052

1. Repealer of Section 1052 and renumbering and amendment of Section 1051 to Section 1052 filed 1-2-81; effective thirtieth day thereafter (Register 81, No. 1).
2. Amendment of subsection (d) filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
3. Amendment of subsection (g) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
4. New subsection (h) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
5. Amendment of subsection (h) and amendment of NOTE filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Amendment filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).
7. Amendment of subsection (a)(10) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
8. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (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.
9. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (e) refiled with further amendment of subsection (a) 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.
10. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (e) refiled with further amendment of subsections (a) and (e) 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.
11. 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).
12. Amendment of subsection (a) 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.
13. Amendment of section heading and subsection (a) and repealer of subsection (f) filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
14. Change without regulatory effect amending subsection (a) filed 2-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 9).
15. Amendment of subsection (e) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
16. Change without regulatory effect amending subsection (a) and amending forms RM-65 and RM-67 (incorporated by reference) filed 2-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 9).
17. 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).
18. Repeal of 7-9-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
19. Amendment of subsection (a) and 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.
20. Editorial correction of HISTORY 19 (Register 2011, No. 20).
21. Amendment of subsection (a) and 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.
22. 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).
23. Amendment of subsection (a) and NOTE filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
24. Amendment of subsection (a)(10) filed 11-13-2014; operative 1-1-2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 46).
25. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
26. Change without regulatory effect amending subsection (d) filed 7-31-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 31).
27. Amendment of subsection (e) filed 8-9-2019 as an emergency; operative 8-14-2019 (Register 2019, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-10-2020 or emergency language will be repealed by operation of law on the following day.
28. Amendment of subsection (e) refiled 1-30-2020 as an emergency; operative 2-10-2020 (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-11-2020 or emergency language will be repealed by operation of law on the following day.
29. Amendment of subsection (e) refiled 4-29-2020 as an emergency; operative 5-11-2020 (Register 2020, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-10-2020 or emergency language will be repealed by operation of law on the following day.
30. Certificate of Compliance as to 4-29-2020 order, including further amendment of section, transmitted to OAL 7-24-2020 and filed 9-17-2020; amendments effective 1-1-2021 pursuant to Government Code section 11343.4(b)(1) and Public Resources Code section 4554.5 (Register 2020, No. 38). 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-66-20.
31. Amendment of subsection (a)(4) filed 11-10-2020; operative 1-1-2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).
32. New subsections (a)(11) and (f) filed 8-5-2021 as an emergency; operative 8-5-2021 (Register 2021, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
33. New subsections (a)(11) and (f) refiled 1-6-2022 as an emergency; operative 2-2-2022 (Register 2022, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-3-2022 or emergency language will be repealed by operation of law on the following day.
34. Editorial correction of HISTORY 30 (Register 2022, No. 18).
35. Certificate of Compliance as to 1-6-2022 order transmitted to OAL 3-23-2022 and filed 5-5-2022; effective 1-1-2023 amendments effective 1-1-2021 pursuant to Government Code section 11343.4(b)(1) and Public Resources Code section 4554.5 (Register 2022, No. 18).

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

1. Repealer of Section 1052 and renumbering and amendment of Section 1051 to Section 1052 filed 1-2-81; effective thirtieth day thereafter (Register 81, No. 1).
2. Amendment of subsection (d) filed 8-7-95; operative 8-7-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 32).
3. Amendment of subsection (g) filed 12-8-95; operative 12-8-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 49).
4. New subsection (h) filed 11-26-96; operative 1-1-97 pursuant to Public Resources Code section 4554.5 (Register 96, No. 48).
5. Amendment of subsection (h) and amendment of Note filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Amendment filed 2-17-2000; operative 7-1-2000 pursuant to Public Resources Code section 4554.5 (Register 2000, No. 7).
7. Amendment of subsection (a)(10) filed 11-25-2002; operative 1-1-2003 pursuant to Public Resources Code section 4551.5 (Register 2002, No. 48).
8. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (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.
9. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (e) refiled with further amendment of subsection (a) 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.
10. Amendment of subsection (a), new subsection (a)(10)(A) and amendment of subsections (d) and (e) refiled with further amendment of subsections (a) and (e) 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.
11. 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).
12. Amendment of subsection (a) 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.
13. Amendment of section heading and subsection (a) and repealer of subsection (f) filed 11-29-2007; operative 1-1-2008 pursuant to Public Resources Code section 4554.5(a) (Register 2007, No. 48).
14. Change without regulatory effect amending subsection (a) filed 2-25-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 9).
15. Amendment of subsection (e) filed 11-30-2009; operative 1-1-2010 pursuant to Public Resources Code section 4554.5 (Register 2009, No. 49).
16. Change without regulatory effect amending subsection (a) and amending forms RM-65 and RM-67 (incorporated by reference) filed 2-23-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 9).
17. 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).
18. Repeal of 7-9-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
19. Amendment of subsection (a) and 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.
20. Editorial correction of History 19 (Register 2011, No. 20).
21. Amendment of subsection (a) and 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.
22. 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).
23. Amendment of subsection (a) and Note filed 11-6-2012; operative 1-1-2013 pursuant to Public Resources Code section 4554.5(a) (Register 2012, No. 45).
24. Amendment of subsection (a)(10) filed 11-13-2014; operative 1/1/2015 pursuant to Public Resources Code section 4554.5 (Register 2014, No. 46).
25. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).
26. Change without regulatory effect amending subsection (d) filed 7-31-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 31).
27. Amendment of subsection (e) filed 8-9-2019 as an emergency; operative 8/14/2019 (Register 2019, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-10-2020 or emergency language will be repealed by operation of law on the following day.
28. Amendment of subsection (e) refiled 1-30-2020 as an emergency; operative 2/10/2020 (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-11-2020 or emergency language will be repealed by operation of law on the following day.
29. Amendment of subsection (e) refiled 4-29-2020 as an emergency; operative 5/11/2020 (Register 2020, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-10-2020 or emergency language will be repealed by operation of law on the following day.
30. Certificate of Compliance as to 4-29-2020 order, including further amendment of section, transmitted to OAL 7-24-2020 and filed 9-17-2020; amendments effective 1/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 38). 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-66-20.
31. Amendment of subsection (a)(4) filed 11-10-2020; operative 1/1/2021 pursuant to Public Resources Code section 4554.5(a) (Register 2020, No. 46).
32. New subsections (a)(11) and (f) filed 8-5-2021 as an emergency; operative 8/5/2021 (Register 2021, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
33. Certificate of Compliance as to 4-29-2020 order, including further amendment of section, transmitted to OAL 7-24-2020 and filed 9-17-2020; amendments effective 1-1-2021 pursuant to Government Code section 11343.4(b)(1) and Public Resources Code section 4554.5 (Register 2020, No. 38). Filing deadlines 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-66-20.
34. Editorial correction of History 30 (Register 2022, No. 18).
35. Certificate of Compliance as to 1-6-2022 order transmitted to OAL 3-23-2022 and filed 5-5-2022; effective 1/1/2023 amendments effective 1-1-2021 pursuant to Government Code section 11343.4(b)(1) and Public Resources Code section 4554.5 (Register 2022, No. 18).