Cal. Code Regs. tit. 14 § 1100

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

Section 1100 - [Operative until 1/1/2025] Definitions

The following are definitions of words and terms as used in this article:

(a) "Alternate Use" or "Alternative Use" means a proposed land use that is not a Compatible Use within a Timberland production zone. (Reference: § 51134(b), Government Code.)

(b) "Bona Fide Intention" or "bona fide intent" means a present, sincere intention of the applicant to conform with and successfully execute the conversion Plan, as determined by the Director in accordance with provisions of § 1105.2. (Reference: § 4623, Public Resources Code.)

(c) "Coastal Commercial Timberlands" means Timberland as defined in PRC § 4526, for those lands which lie within the Coastal Zone and outside a Timberland production zone. (Reference: §§ 4526 and 30243, Public Resources Code.)

(d) "Coastal Zone" means those lands defined in PRC § 30103. (Reference: § 30103, Public Resources Code.)

(e) "Compatible Use" means Compatible Use as defined in Gov. C. 51104(h) and 51201(e), as made specific by county or city ordinance adopted pursuant thereto. (Reference: §§ 51104(h) and 51201(e), Government Code.)

(f) "Contiguous" means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the County Board of Supervisors or City Council, that they are manageable as a single forest unit. (Reference: § 51104(b), Government Code.)

(g) "Timberland Conversion" means:

(1) Within non-TPZ Timberland, transforming Timberland to a nontimber growing use through Timber Operations where:

(A) Future timber harvests will be prevented or infeasible because of land occupancy and activities thereon; or

(B) Stocking requirements of the applicable district forest practice Rules will not be met within five years after completion of Timber Operations; or

(C) There is a clear intent to divide Timberland into ownerships of less than three acres (1.214 ha.).

(2) Within TPZ lands, the immediate rezoning of TPZ lands, whether Timber Operations are involved or not, except as exempt from a Timberland conversion permit under 14 CCR § 1104.1.

(h) "Conversion Permit" means the Timberland conversion permit, issued by the Director or the Board upon appeal, approving the application for Timberland conversion and authorizing a conversion of Timberland to use or uses other than the growing of timber. (Reference: §§ 4622, 4624, 4624.5 and 4625, Public Resources Code.)

(i) "Government Agency" means the State or any department, agency, or public body thereof, a city or county, public corporation, municipal corporation, or public district. (Reference: §§ 21062 and 21063, Public Resources Code.)

(j) "Immediate Rezoning" means a change in zoning for land use by the appropriate county or city having jurisdiction of an area within a TPZ to allow an alternative use pursuant to Article 4 (commencing with § 51130) of Chapter 6.7, Part 1, Division 1, Title 5 of the Government Code. (Reference: § 4526, Public Resources Code; § 51130, Government Code.)

(k) "Land Parcel" means a piece of land under one ownership where no part is completely separated from any other part by a different fee ownership.

(l) "Parcel" means parcel as defined in § 51104(i) of the Government Code.

(m) "Timberland" means Timberland as defined in PRC § 4526, for land outside a Timberland production zone. "Timberland" means Timberland as defined in Gov. C. § 51104(f), for land within a Timberland production zone. (Reference: § 4526, Public Resources Code; § 51104(f), Government Code.)

(n) "Timberland Production Zone" or "TPZ" means Timberland production zone as defined in Gov. C. § 51104(g). (Reference: § 51104(g), Government Code.)

Cal. Code Regs. Tit. 14, § 1100

1. Renumbering and amendment of former Section 1100 to Section 1101, and renumbering and amendment of former Section 1102 to Section 1100 filed 8-5-83; effective thirtieth day thereafter (Register 83, No. 32).
2. Editorial correction filed 9-29-83; designated effective 10-1-83 (Register 83, No. 40).
3. Change without regulatory effect amending subsections (c)-(f), (g)(1), (g)(2), (j) and (m)-(n) filed 2-17-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 7).
4. Change without regulatory effect amending section filed 10-31-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 44).

Note: Authority cited: Section 4621, Public Resources Code. Reference: Sections 700, 701, 4526, 4621, 4622, 4623, 4624, 4624.5, 4625, 4626, 21062, 21063, 30103 and 30243, Public Resources Code; and Sections 51100, 51111 and 51134(b), Government Code.

The amended version of this section by Register 2024, No. 48, effective 1/1/2025 is not yet available.