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HomeMy WebLinkAbout10.09.2024 Board Correspondence - FW_ Letter on CAL FIRE's Permitting Authorities for Timberland Conversion.ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. From:Clerk of the Board To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Lee, Lewis; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth; Sjolund, Garrett Cc:Nevers, Dawn Subject:Board Correspondence - FW: Letter on CAL FIRE"s Permitting Authorities for Timberland Conversion Date:Wednesday, October 9, 2024 4:39:44 PM Attachments:image005.png image001.png image002.png image003.png image004.png image006.png Letter to Counties re Conversion_FINAL.pdf Pocket_Guide_Card_2021.pdf 1.5 Letter to Request Counties BoS to Appoint re-sent 010118.pdf Please see Board Correspondence - From: Ramaley, John@CALFIRE <John.Ramaley@fire.ca.gov> Sent: Wednesday, October 9, 2024 11:36 AM To: Ramaley, John@CALFIRE <John.Ramaley@fire.ca.gov> Subject: Letter on CAL FIRE's Permitting Authorities for Timberland Conversion Good afternoon, Attached is a letter on the subject of CAL FIRE’s Forest Practice Act and Rule authority over timberland conversion permitting. The letter is primarily intended for local governments but will also be distributed broadly to other agencies and interested parties involved in activities that may include timberland conversion. CAL FIRE sent a similar letter to local governments in 2017, and this is a follow up letter to the 2017 letter. In addition to the 2024 letter, we have included a guide card that was developed in 2021 to assist in determining whether CAL FIRE has any legal responsibility over a local project. We hope you will find the letter useful as a tool to complement the attached CAL FIRE jurisdiction guide card and YouTube training video, both of which are posted on our website at: Forest Practice | CAL FIRE. We would be pleased to meet with you or others to discuss the letter and respond to questions. Our intent is to reinitiate contact with cooperators as a follow- up to our 2017 effort, and to provide educational resources to regulators and the regulated public to promote compliance with the Forest Practice Act and Rule provisions for timberland conversion. The Board of Forestry and Fire Protection sent a companion letter in 2017 requesting local governments provide the contact information for their designees who are signatory to CAL FIRE’s Less than 3-Acre Conversion Exemptions as required by Forest Practice Rule Section 1104.1(a)(1)(D). It is anticipated the Board may consider sending a revised version of their attached 2017-2018 letter as the Act and Rules for conversion exemptions have been recently amended, with new regulations taking effect January 1, 2025. The Board’s 2017-2018 letter is enclosed. Thanks for your time and consideration in the review of these documents. We look forward to further correspondence. Sincerely, Eric Huff John Ramaley John Ramaley, RPF #2504 Staff Chief – HQ Forest Practice 135 Ridgway Avenue Santa Rosa, CA 95401 (916) 203-9755 Office/Cell STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY Edmund G. Brown, Jr., Governor BOARD OF FORESTRY AND FIRE PROTECTION P.O. Box 944246 SACRAMENTO, CA 94244 -2460 Website: www.bof.fire.ca.gov (916) 653-8007 The Board’s mission is to lead California in developing policies and programs that serve the public interest in environmentally, economically, and socially sustainable management of forest and rangelands, and a fire protection system that protects and serves the people of the state. August 23, 2017 RE: Request to County Board of Supervisors to Appoint Authorized Designee to Review Less Than 3 Acre Conversion Exemptions Dear County Board of Supervisors, The issue of conversion of timberland for the purposes of cannabis cultivation has been surfacing in the forum of the Board of Forestry and Fire Protection (Board) over the course of the last several years. In October of 2013, the Board organized a symposium on cannabis, and in September of 2016 the Board held a special workshop to investigate the potential environmental and public safety impacts of cannabis cultivation and Less Than 3 Acre Conversion Exemptions (Exemption). CAL FIRE has responded to these concerns with education of timberland owners, Registered Professional Foresters (RPF) and Licensed Timber Operators (LTOs) to prevent illegal conversions and enforcement to gain compliance where violations have been identified. However, the lack of county appointed authorized designees to review Exemptions was identified as an integral component of Exemption review that may be underutilized, consequently minimizing the opportunity to reduce the impacts listed later in this letter. The conversion of timberland1 to a use other than growing timber requires, prior to conversion, a Timberland Conversion Permit (or its equivalent) to be approved by CAL FIRE2 or, if eligible, a Less Than 3 Acre Conversion Exemption (Exemption) to be accepted by CAL FIRE 3. The Board strives to cooperate with local, federal, and other state entities. In this context, the Board, pursuant to section (§) 1104.1(a)(1)(D) of title 14 of the California Code of Regulations (14 CCR), acknowledges the importance of county participation in land use decision making by giving the county the opportunity to determine that the proposed timberland conversion is in conformance with all county regulatory requirements through the incorporation of a signed and dated statement from an authorized designee of the County Board of Supervisors. When a county does not have an authorized designee, the county relinquishes this opportunity and it falls to the RPF preparing the Exemption to certify that the county has been contacted and the conversion is in conformance with county regulatory requirements. RPFs have communicated that this determination has been challenging because they may work in multiple counties, each of which may have different regulatory requirements. Consequently, the Board encourages County Boards of Supervisors, if they have not already done so, to appoint an authorized designee to ensure land uses conform to county regulatory requirements. Recently chaptered laws4 regarding medical and recreational cannabis cultivation, as well as comments received by the Board in respect to cannabis cultivation, has motivated the Board to reach out to counties to convey that local jurisdictions, under existing Board regulations, have the opportunity to appoint an authorized designee. An authorized designee provides counties with the opportunity to verify that project applicants have demonstrated a bona fide intent to convert land to a use other than growing timber5 that conforms with county requirements. 1 Appendix 1. Definition of Timberland pursuant to PRC § 4526. See also the definition for Timber Operations pursuant to PRC § 4527 2 Appendix 2. Description of the application for conversion, pursuant to PRC §§ 4621, 4621.2 and 4622 and 14 CCR §§ 1100-1104, and CAL FIRE contact information. 3 Appendix 3. Description of the Less Than 3 Acre Conversion Exemption pursuant to PRC § 4584(g), 14 CCR § 1104.1, summary, form, and CAL FIRE contact information. 4 Appendix 4. Medical marijuana statute referencing the Board; Health and Safety Code (HSC) § 11362.769. 5 Appendix 5. Regulatory requirements regarding intent to convert land to a use other than growing timber pursuant to PRC § 4623 and 14 CCR §§ 1100(b), 1104.1(a)(1)(E)(2.), 1104.1(a)(6) and 1105.2. LETTER ORIGINALLY MAILED AUGUST 23, 2017 Page 2 of 11 The primary issues that have been raised, related to cannabis cultivation on timberland or lands converted from timber production, have been environmental impacts and threats to public safety. There has been an exponential increase in number and size of grow operations, thereby escalating the potential environmental impact and threat to public safety. Potential individual and cumulative environmental impacts have been alleged to be severe and pervasive in localized areas. Evidence indicates that these impacts may include: • Water diversions and water storage that cause environmental damage. • Water diversions that decrease summer base flows and impact downstream water users. • Erosion and sedimentation from extended and increased use of seasonal roads that heighten stress on aquatic species. • Habitat loss and habitat fragmentation and inappropriate use of fertilizers and pesticides that impact sensitive species. • Improper storage of fertilizers, pesticides, oil, diesel and gasoline that cause environmental damage. • Improper soil stabilization that cause sediment to enter watercourses that degrade water quality and impact fish habitat. • Deficient slash cleanup that increase the risk of catastrophic wildfire. • Removal of trees that cause unmitigated impacts to long term carbon dioxide storage. • Light pollution that impact biological and visual resources. • Conflicting landowner objectives that impact the manageability on adjacent timberland. Potential public safety threats may include: • Violence, associated with crop protection, that result in fatalities and serious injury. • Inappropriate use of fertilizers and pesticides that impact the quality of domestic water. • Accumulations of human waste and garbage that create a public health hazard. • Improper fire clearance, substandard wiring and outdoor refuse burning, associated with grow encampments, that increase the risk of catastrophic wildfire. While the Board is charged with the regulation of timber operations on timberland, which informs their approach to land use conversion and the use of an authorized designee in the conversion process, the Board appreciates the challenges counties face regarding land use. This request letter is focused on appointing a county authorized designee due to the increase in land conversion activities because of cannabis cultivation. However, since all land conversion activities (e.g. subdivision, single home, other agricultural, or industrial uses) can influence county operations, appointment of an authorized designee will ensure that the county is aware of all proposed timberland conversion activities, that timberland conversions conform with all applicable county regulatory requirements, and ultimately provide an effective mechanism for counties to increase control over land use within their jurisdiction. If you have any questions or comments regarding this letter, please contact the Board’s Executive Officer, Matt Dias at matt.dias@bof.ca.gov or 916-653-8007. Sincerely, J. KEITH GILLESS Chair, California Board of Forestry and Fire Protection Enclosures (Appendixes 1-5) cc: County Board of Supervisors Administrator and County Planning Administrator Page 3 of 11 Appendix 1. Definition of Timberland and Timber Operations pursuant to PRC §§ 4526 and 4527. PRC § 4526. “Timberland” means land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the board on a district basis. PRC § 4527. (a) (1) “Timber operations” means the cutting or removal, or both, of timber or other solid wood forest products, including Christmas trees, from timberlands for commercial purposes, together with all the incidental work, including, but not limited to, construction and maintenance of roads, fuelbreaks, firebreaks, stream crossings, landings, skid trails, and beds for the falling of trees, fire hazard abatement, and site preparation that involves disturbance of soil or burning of vegetation following timber harvesting activities, but excluding preparatory work such as treemarking, surveying, or roadflagging. (2) “Commercial purposes” includes (A) the cutting or removal of trees that are processed into logs, lumber, or other wood products and offered for sale, barter, exchange, or trade, or (B) the cutting or removal of trees or other forest products during the conversion of timberlands to land uses other than the growing of timber that are subject to Section 4621, including, but not limited to, residential or commercial developments, production of other agricultural crops, recreational developments, ski developments, water development projects, and transportation projects. (b) For purposes of this section, the removal of trees less than 16 inches in diameter at breast height from a firebreak or fuelbreak does not constitute “timber operations” if the removal meets all of the following criteria: (1) It is located within 500 feet of the boundary of an urban wildland interface community at high risk of wildfire, as defined in pages 751 to 776, inclusive, of Volume 66 of the Federal Register (66 FR 751-02), as that definition may be amended from time to time. For purposes of this paragraph, “urban wildland interface community at high risk of wildfire” means an area having one or more structures for every five acres. (2) It is part of a community wildfire protection plan approved by the department or part of a department fire plan. (3) The trees to be removed will not be processed into logs or lumber. (4) The work to be conducted is under a firebreak or fuelbreak project that has been subject to a project-based review pursuant to a negative declaration, mitigated negative declaration, or environmental impact report in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). For projects to be conducted on forested landscapes, as defined in Section 754, the project and the project-based review shall be prepared by or in consultation with a registered professional forester. (5) The removal of surface and ladder fuels is consistent with paragraph (9) of subdivision (j) of Section 4584. Page 4 of 11 Appendix 2. Description of the application for conversion pursuant to PRC §§ 4621, 4621.2 and 4622 and 14 CCR §§ 1100 to 1104. PRC § 4621. (a) A person who owns timberlands that are to be devoted to uses other than the growing of timber shall file an application for conversion with the board. The board shall, by regulation, prescribe the procedures for, and the form and content of, the application. An application for a timberland conversion permit shall be accompanied by an application fee, payable to the department, in an amount determined by the board pursuant to subdivision (b). (b) The board shall establish, by regulation, a system of graduated timberland conversion permit fees to finance the cost of administering this article. (c) For purposes of this section, “growing of timber” shall include restoration and conservation forest management activities, which may include the removal of commercial species, if necessary to achieve specific forest health and ecological goals, including the restoration and conservation of oak woodlands, grasslands, wet meadows, and other ecologically important or unique habitats, that are not conducted in conjunction with the cutting or removal of trees or other forest products during the conversion of timberlands for other uses, including, but not limited to, residential or commercial developments, production of other agricultural crops, recreational developments, ski developments, water development projects, and transportation projects. PRC § 4621.2. (a) If the timberlands which are to be devoted to uses other than the growing of timber are zoned as timberland production zones under Section 51112 or 51113 of the Government Code, the application shall specify the proposed alternate use and shall include information the board determines necessary to evaluate the proposed alternate use. The board shall approve the application for conversion only if the board makes written findings that all of the following exist: (1) The conversion would be in the public interest. (2) The conversion would not have a substantial and unmitigated adverse effect upon the continued timber- growing use or open-space use of other land zoned as timberland preserve and situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed. (3) The soils, slopes, and watershed conditions would be suitable for the uses proposed if the conversion were approved. (b) The existence of an opportunity for an alternative use of the land shall not alone be sufficient reason for conditionally approving an application for conversion. Conversion shall be considered only if there is no proximate and suitable land which is not zoned as timberland production for the alternate use not permitted within a timberland production zone. (c) The uneconomic character of the existing use shall not be sufficient reason for the conditional approval of conversion. The uneconomic character of the existing use may be considered only if there is no other reasonable or comparable timber-growing use to which the land may be put. (d) In the event that the board delegates its responsibilities under this section to the director pursuant to Section 4627, the director shall make the written findings required by subdivision (a). In the event that the director denies a conversion, the applicant may request a hearing before the board within 15 days of the denial. The hearing shall be scheduled within 60 days from the filing of the appeal. PRC § 4622. Approval of an application for conversion shall be conditioned upon the granting of the necessary rezoning or use permit if rezoning or a use permit is required. Except as provided in Section 4584, all timber shall be cut pursuant to an approved conversion pursuant to Section 4581, excluding requirements for stocking and methods of silviculture, except that the timber harvesting plan required by that section need not be prepared by a registered professional forester, and no timber operations shall commence until the granting of such rezoning or use permit as may be required and until the timberland conversion permit is recorded in the county recorder’s office in each county wherein the timberland to be converted is located. 14 CCR § 1100. 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: Section 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 Section 1105.2. (Reference: Section 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: Sections 4526 and 30243, Public Resources Code.) (d) “Coastal Zone” means those lands defined in PRC § 30103. (Reference: Section 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: Sections 51104(h) and 51201(e), Government Code.) Page 5 of 11 (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: Section 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: Sections 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: Sections 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 Section 51130) of Chapter 6.7, Part 1, Division 1, Title 5 of the Government Code. (Reference: Section 4526, Public Resources Code; Section 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 Section 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: Section 4526, Public Resources Code; Section 51104(f), Government Code.) (n) “Timberland Production Zone” or “TPZ” means timberland production zone as defined in Gov. C. 51104(g). (Reference: Section 51104(g), Government Code.) 14 CCR § 1101. Purpose. The purpose of these regulations is to interpret and make specific certain provisions of the Z'berg-Nejedly Forest Practice Act of 1973, contained in Chapter 8 (commencing with Section 4511) of Part 2, Division 4 of the Public Resources Code; the Environmental Quality Act of 1970, contained in Division 13 (commencing with Section 21000) of the Public Resources Code; portions of the Z'berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976 (Chapter 176, California Statutes of 1976), contained in Chapter 67 (commencing with Section 51100) or Part 1, Division 1, Title 5 of the Government Code; the California Coastal Act of 1976, contained in Division 20 (commencing with Section 30000) of the Public Resources Code; and the Public Records Act, contained in Chapter 3.5 (commencing with Section 6250) of Division 7, Title 1 of the Government Code. These regulations pertain to the conversion of certain timber-growing lands to a use or uses other than the growing of timber. 14 CCR § 1102. Authority Delegated to Director. The Board delegates its authority and responsibilities to the Director for administration of Article 9 (commencing with Section 4621) of Chapter 8, Part 2, Division 4 of the Public Resources Code, and Article 4 (commencing with Section 51130) of Chapter 6.7, Part 1, Division 1, Title 5 of the Government Code, and the administrative regulations adopted pursuant to each of the above cited authorities, except that all hearings thereunder shall be before the Board. 14 CCR § 1103. Conversion of Timberland. Any person, firm, corporation, company, partnership or government agency owning timberland for which the timberland owner proposes conversion as defined in Section 1102 shall apply to the Director on a form prescribed by him for issuance of a Timberland Conversion Permit. Note: Authority cited: Sections 4621 and 4627, Public Resources Code. Reference: Section 4621, Public Resources 14 CCR § 1103.1. Prohibited Activity. (a) No timber operations or other conversion activities shall be conducted on timberland which is proposed to be converted to a use other than the growing of timber unless a conversion permit has been issued by the Director or the Board upon appeal and the permit has been recorded in compliance with 14 CCR 1107.4(a). (b) No timber operations shall be conducted on timberland for which a conversion permit has been issued until a Timber Harvesting Plan has been filed with, and found in conformance by, the Director in accordance with Article 7 (commencing Page 6 of 11 with Section 4581) of Chapter 8, Part 2, Division 4 of the Public Resources Code and the rules and regulations of the Board issued pursuant thereto. (c) The timberland owner shall provide each timber operator copies of both the recorded conversion permit, and recorded amendments thereto, and the approved Timber Harvesting Plan. Copies of said documents shall be conveniently available for inspection at all times during timber operations conducted pursuant to said conversion permit. 14 CCR § 1103.2. Public Records. All applications, forms, documents, correspondence, maps, photographs, and other materials submitted to the Director or Board relating to an application for conversion are public records pursuant to the provisions of the Public Records Act, contained in Chapter 3.5 (commencing with Section 6250) of Division 7, Title 1 of the Government Code. 14 CCR § 1104. Operations Requiring Conversion Permit. Except as exempted by Sections 1104.1 and 1104.2 of this article a timberland conversion permit issued by the Director is required for conversion of timberland as defined in Section 1100. Issuance of the Timberland Conversion Permit to the timberland owner must be completed before conversion operations begin. “Conversion operations” include final immediate rezoning of timberland production zone lands, and timber operations as defined in PRC 4527 on nontimberland production zone timberlands. The CAL FIRE contact for the application for conversion is the THP Administration Manager who can be reached at 916-531-2173 or Bill.Solinsky@fire.ca.gov Page 7 of 11 Appendix 3. Description of the Less Than 3 acre Conversion Exemption pursuant to PRC § 4584(g), 14 CCR § 1104.1, summary, and form. PRC § 4584. Upon determining that this exemption is consistent with the purposes of this chapter, the board may exempt from this chapter, or portions of this chapter, a person engaged in forest management whose activities are limited to any of the following: (g) (1) The one-time conversion of less than three acres to a nontimber use. A person, whether acting as an individual, as a member of a partnership, or as an officer or employee of a corporation or other legal entity, shall not obtain more than one exemption pursuant to this subdivision in a five-year period. If a partnership has as a member, or if a corporation or other legal entity has as an officer or employee, a person who has received this exemption within the past five years, whether as an individual, as a member of a partnership, or as an officer or employee of a corporation or other legal entity, then that partnership, corporation, or other legal entity is not eligible for this exemption. “Person,” for purposes of this subdivision, means an individual, partnership, corporation, or other legal entity. (2) (A) Notwithstanding Section 4554.5, the board shall adopt regulations that do all of the following: (i) Identify the required documentation of a bona fide intent to complete the conversion that an applicant will need to submit in order to be eligible for the exemption in paragraph (1). (ii) Authorize the department to inspect the sites approved in conversion applications that have been approved on or after January 1, 2002, in order to determine that the conversion was completed within the two-year period described in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1104.1 of Title 14 of the California Code of Regulations. (iii) Require the exemption pursuant to this subdivision to expire if there is a change in timberland ownership. The person who originally submitted an application for an exemption pursuant to this subdivision shall notify the department of a change in timberland ownership on or before five calendar days after a change in ownership. (iv) The board may adopt regulations allowing a waiver of the five-year limitation described in paragraph (1) upon finding that the imposition of the five-year limitation would impose an undue hardship on the applicant for the exemption. The board may adopt a process for an appeal of a denial of a waiver. (B) The application form for the exemption pursuant to paragraph (1) shall prominently advise the public that a violation of the conversion exemption, including a conversion applied for in the name of someone other than the person or entity implementing the conversion in bona fide good faith, is a violation of this chapter and penalties may accrue up to ten thousand dollars ($10,000) for each violation pursuant to Article 8 (commencing with Section 4601). 14 CCR § 1104.1. Conversion Exemptions. Timber operations conducted under this subsection shall be exempt from conversion permit and timber harvesting plan requirements of this article except no tree that existed before 1800 A.D and is greater than sixty (60) inches in diameter at stump height for Sierra or Coastal Redwoods, and forty-eight (48) inches in diameter at stump height for all other tree species shall be harvested unless done so under the conditions or criteria set forth in subsection 1104.1(i). Timber operations shall comply with all other applicable provisions of the Z'berg-Nejedly Forest Practice Act, regulations of the Board and currently effective provisions of county general plans, zoning ordinances and any implementing ordinances. The Notice of Conversion Exemption Timber Operations shall be considered synonymous with the term “plan” as defined in 14 CCR 895.1 when applying the operational rules and regulations of the Board. (a) This conversion exemption is applicable to a conversion of timberland to a non-timber use only, of less than three acres in one contiguous ownership, whether or not it is a portion of a larger land parcel and shall not be part of a THP. This conversion exemption may only be used once per contiguous land ownership. No person, whether acting as an individual, acting as a member of a partnership, or acting as an officer or employee of a corporation or other legal entity, may obtain more than one exemption pursuant to this section in a five-year period. If a partnership has as a member, or if a corporation or any other legal entity has as an officer or employee, a person who has received this exemption within the past five years, whether as an individual or as a member of a partnership, or as an officer or employee of a corporation or other legal entity, then that partnership, corporation, or other legal entity is not eligible for this exemption. “Person,” for purposes of this section, means an individual, partnership, corporation, or any other legal entity. (1) A Notice of Conversion Exemption Timber Operations (notice) must be prepared by an RPF and submitted to the Director. The notice shall contain the following: (A) the names, addresses, and telephone numbers of the timber owner, owner of the timberland to be converted, RPF, timber operator, and the submitter of the Notice of Conversion Exemption Timber Operations; Page 8 of 11 (B) legal description of the area where the timber operation is to be conducted, showing section, township, range, county and assessor parcel number; (C) maps showing the ownership boundaries, the location of the timber operation, boundaries of the conversion, access routes to operation, location and classification of all watercourses, and landing locations; (D) incorporation of a signed and dated statement from the authorized designee of the County Board of Supervisors stating that the conversion is in conformance with all county regulatory requirements, including county public notice requirements. When counties do not have an authorized designee, the RPF shall certify that the county has been contacted and the conversion is in conformance with county regulatory requirements (this may be incorporated into the notice); (E) incorporation of a statement by the owner of the timberland to be converted: 1. certifying that this is a one-time conversion to non-timberland use, 2. certifying that after considering the owner's own economic ability to carry out the proposed conversion and the feasibility evaluation required by 14CCR 1104.1(a)(6) that there is “bona fide intent”, as defined in CCR 1100(b), to convert, 3. specifying what the non-timberland use will be after conversion, and 4. certifying and declaring under penalty of perjury that he/she whether acting as an individual, acting as a member of a partnership, or acting as an officer or employee of a corporation or other legal entity, has not obtained an exemption pursuant to this section in the last five years unless a waiver has been granted pursuant to 1104.1(a)(9); and (F) signature of the submitter, timberland owner responsible for the conversion, the timber operator, and the RPF. (2) The following conditions apply to conversion exemption timber operations: (A) All timber operations shall be complete within one year from the date of acceptance by the Director. (B) All conversion activities shall be complete within two years from the date of acceptance by the Director unless under permit by local jurisdiction. Failure to timely complete the conversion shall require compliance with stocking standards of PRC 4561 and stocking report requirements of Forest Practice Act and Board regulations. (C) The RPF or supervised designee shall visit the site and flag the boundary of the conversion exemption timber operation and flag any applicable WLPZs and equipment limitation zones. (D) This section refers to slash and woody debris resulting from timber operations associated with conversion exemptions. The timber operator shall be the responsible party for the treatment of logging slash and woody debris. Responsibility for treatment of logging slash and woody debris may be assumed by the landowner, provided that the landowner acknowledges in writing to the Director at the time of notice such responsibility and specific slash and woody debris treatment requirements and timing. 1. Unless otherwise required, slash greater than one inch in diameter and greater than two feet long, and woody debris, except pine, shall receive full treatment no later than April 1 of the year following its creation, or within one year from the date of acceptance of the conversion exemption by the Director, whichever comes first. 2. All pine slash three inches and greater in diameter and longer than four feet must receive initial treatment if it is still on the parcel, within 7 days of its creation. 3. All pine woody debris longer than four feet must receive an initial treatment prior to full treatment. 4. Initial treatment shall include limbing woody debris and cutting slash and woody debris into lengths of less than four feet, and leaving the pieces exposed to solar radiation to aid in rapid drying. 5. Full treatment of all pine slash and woody debris must be completed by March 1 of the year following its creation, or within one year from the date of acceptance of the conversion exemption by the Director, whichever comes first. 6. Full slash and woody debris treatment may include any of the following: a. burying; b. chipping and spreading; c. piling and burning; or d. removing slash and woody debris from the site for treatment in compliance with (a)-(b). Slash and woody debris may not be burned by open outdoor fires except under permit from the appropriate fire protection agency, if required, the local air pollution control district or air quality management district. The burning must occur on the property where the slash and woody debris originated. 7. Slash and woody debris, except for pine, which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying by April 1 of the year following its creation. Pine slash and Page 9 of 11 woody debris which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying within seven days of its creation. All treatment work must be completed prior to the expiration date for the conversion exemption. 8. Any treatment which involves burning of slash or woody debris shall comply with all state and local fire and air quality rules. 9. This section does not supersede more restrictive treatments or time frames within a Forest district or subdistrict. (E) Timber operations may be conducted during the winter period. Tractor operations in the winter period are allowed under any of the following conditions: 1. During dry, rainless periods but shall not be conducted on saturated soil conditions that may produce significant sediment discharge. Erosion control structures shall be installed on all constructed skid trails and tractor roads prior to sunset if the National Weather Service forecast is a “chance” (30% or more) of rain within the next 24 hours. 2. When ground conditions in the conversion exemption area and appurtenant roads satisfy the “hard frozen” definitions in 14 CCR 895.1. 3. Over-snow operations where no soil disturbance occurs. (F) No timber operations within a WLPZ unless specifically approved by local permit (e.g. County, City). (G) The timber operator shall not conduct timber operations until receipt of the Director's notice of acceptance. Timber operations shall not be conducted without a valid on-site copy of the Director's notice of acceptance of operations and a copy of the Notice of Conversion Exemption Timber Operations as filed with the Director. (H) No sites of rare, threatened or endangered plants or animals shall be disturbed, threatened or damaged and no timber operations shall occur within the buffer zone of a sensitive species as defined in 14 CCR 895.1. (I) No timber operations on significant historical or archeological sites, except under the following conditions: 1. If a significant archeological site is identified by the RPF preparing the Notice of Conversion Exemption within the project boundary, the site may be preserved in place by capping or covering with a layer of soil prior to submission. a. If a site has been preserved in place, the RPF preparing the Notice of Conversion Exemption shall obtain written concurrence from a Department Archeologist prior to submission indicating operations will not cause damage to a significant archeological site. b. The written concurrence from a Department Archeologist shall be submitted with the Notice of Conversion Exemption. (J) The RPF and the timber operator shall meet (on-site, or off-site) if requested by either party to ensure that sensitive on-site conditions and the intent of the conversion regulations such as, but not limited to, slash disposal, will be complied with during the conduct of timber operations. (3) A neighborhood notification of conversion exemption timber operations shall be posted on the ownership visible to the public by the RPF or supervised designee, at least 5 days prior to the postmark date of submission of the Notice of Conversion Exemption Timber Operations to the Director. The date of posting shall be shown on the neighborhood notice. In addition, immediately prior to the submission of the exemption to the Director, the landowner shall mail a letter to adjacent landowners within 300 feet of the boundaries of the exemption, and to Native Americans, as defined in 895.1 notifying them of the intent to harvest timber. The mailed letter of notice and the posted notice shall contain the following information on a form prepared by the RPF: (A) the name, address and telephone number of the timberland owner, the timber operator, the agency of the county responsible for land use changes and the designated representative; if any, and the RPF; (B) the location of the project, parcel number, street address, section, township and range, and; (C) A statement explaining that this is a conversion from timberland use to a new land use, what the new land use will be, and that the maximum size is less than three acres. (4) The Director shall determine if the Notice of Conversion Exemption Timber Operations is complete and accurate within fifteen days from the date of receipt. (A) If the Notice of Conversion Exemption Timber Operations is not complete and accurate it shall be returned to the submitter identifying the specific information required. When found complete and accurate, the Director shall immediately send a notice of acceptance of operations to the submitter. (5) The timberland owner shall, within one month from the completion of conversion exemption timber operations, which includes all slash disposal work, submit a work completion report to the Director. (6) The timberland owner shall, using the services of an RPF to the extent the information required is within the scope of professional forestry practice, provide information documenting that the conversion to the stated non- timber use is feasible based upon, at a minimum, the following: (A) the extent of the vegetation removal and site preparation required for the conversion; (B) the suitability of soils, slope, aspect, and microclimate for the stated non-timber use; Page 10 of 11 (7) The Department shall provide for inspections, as needed, to determine that the conversion was completed. (8) The notice shall expire if there is any change in timberland ownership. (A) If the conversion has not been completed, the timberland owner on the notice shall notify the Department of the change in timberland ownership on or before 5 calendar days after a change in ownership. (B) If operations have been conducted, but not completed under the exemption, the timberland owner on the notice shall notify the new timberland owner at least 15 days prior to the sale of the timberland of the requirements under 14CCR 1104.1(a)(8)(C). (C) If operations have been conducted, but not completed under the exemption, the new timberland owner shall: 1. submit a new notice, or 2. comply with the following: a. harvest no additional timber; b. meet stocking requirements of 14CCR 1104.1(a)(2)(B); c. dispose of the slash created under the exemption activities according to 14CCR 1104.1(a)(2)(D); d. provide erosion control for skid trails, roads, landings, and disturbed areas as required by the Forest Practice Rules. e. submit a report within 90 days of the change of timberland ownership that items a through d above were completed. (9) A timberland owner may request a waiver to the five-year limitation described in 14 CCR 1104.1(a). The Director may grant the waiver upon finding that one of the following conditions exist: (A) 1. the construction of a building approved by the appropriate county/city permitting process is listed in the accepted Notice of Conversion Exemption Timber Operations as the non-timberland use after the conversion, and 2. the timberland owner demonstrates to the Director that substantial liabilities for building construction have been incurred on each conversion exemption that the timberland owner has received in the last 5 years at the time the waiver is requested, and 3. operations conducted on all exemptions issued to the timberland owner within the past 5 years, prior to the time the waiver is requested, have been conducted in a manner that meets or exceeds the intent of the Act and rules or any corrective work required by the Director has been satisfactorily completed. (B) the change of ownership which caused the previous notice to expire was not the result of the sale of the timberland and the new timberland owner provides information demonstrating that the imposition of the 5-year limitation described in 14 CCR 1104.1(a) would impose an undue hardship on the timberland owner. (C) the notice has expired and no operations have been conducted. (D) The timberland owner provides an explanation and justification for the need of a waiver that demonstrates that the imposition of the 5-year limitation described in 14 CCR 1104.1(a) would impose an undue hardship on the timberland owner. SUMMARY The current process, associated with the acceptance of three (3) acre conversion exemption notice(s) (Notice) is ministerial. A RPF must prepare a Notice, on a form provided by the Department of Forestry and Fire Protection (the Department) to facilitate the provision of information pursuant to the Board’s rules (14 CCR § 1104.1). This includes certification that there is a bona fide intent to convert, specifically what the land is being converted to and that a letter of notice of intent to harvest timber has been mailed to all adjacent landowners within 300 feet of the boundaries of the exemption. Additionally, the RPF must certify that, if the County Board of Supervisors has not designated a representative authorized to make a declaration that the conversion exemption is in conformance with all county regulatory requirements, that the County has been contacted and the Notice is in conformance with county regulations. FORM The LESS THAN 3 ACRE CONVERSION EXEMPTION FORM can be downloaded from the following site: http://calfire.ca.gov/resource_mgt/resource_mgt_EPRP_TimberlandConversions The CAL FIRE contact for the Less Than 3 acre Conversion Exemption is the local CAL FIRE Unit, a partial list of which is available at http://calfire.ca.gov/general/units Page 11 of 11 Appendix 4. Medical marijuana statute referencing the Board; Health and Safety Code (HSC § 11362.769) HSC § 11362.769. Indoor and outdoor medical cannabis cultivation shall be conducted in accordance with state and local laws. State agencies, including, but not limited to, the Department of Food and Agriculture, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state law enforcement agencies shall address environmental impacts of medical cannabis cultivation and shall coordinate, when appropriate, with cities and counties and their law enforcement agencies in enforcement efforts. Appendix 5. Regulatory requirements regarding intent to convert land to a use other than growing timber pursuant to PRC § 4623 and 14 CCR §§ 1100(b), 1104.1(a)(1)(E)(2.), 1104.1(a)(6) and 1105.2. PRC § 4623. The application shall be accompanied by an affidavit by the applicant that the applicant has a present bona fide intent to convert the land to a use other than timber growing. The board may require such additional proof of intent to convert as it deems necessary. 14 CCR § 1100(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 Section 1105.2. (Reference: Section 4623, Public Resources Code.)… 14 CCR § 1104.1(a)(1)(E)(2.) …certifying that after considering the owner's own economic ability to carry out the proposed conversion and the feasibility evaluation required by 14CCR 1104.1(a)(6) that there is “bona fide intent”, as defined in CCR 1100(b), to convert,… 14 CCR § 1104.1(a)(6) …The timberland owner shall, using the services of an RPF to the extent the information required is within the scope of professional forestry practice, provide information documenting that the conversion to the stated non-timber use is feasible based upon, at a minimum, the following:… 14 CCR § 1105.2. The Director shall determine the applicant's bona fide intention to convert in light of the present and predicted economic ability of the applicant to carry out the proposed conversion; the environmental feasibility of the conversion, including, but not limited to, suitability of soils, slope, aspect, quality and quantity of water, and micro-climate; adequacy and feasibility of possible measures for mitigation of significant adverse environmental impacts; and other foreseeable factors necessary for successful conversion to the proposed land use. STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.” DEPARTMENT OF FORESTRY AND FIRE PROTECTION Legal Services P.O. Box 944246 SACRAMENTO, CA 94244-2460 (916) 653-9656 Website: www.fire.ca.gov October 2, 2024 County Planning Commissions, Departments, and Staff [Via Email Listserv] Re: CAL FIRE’s Role in the Permitting of Timberland Conversions To Whom It May Concern: The Department of Forestry and Fire Protection (CAL FIRE) has permitting and enforcement jurisdiction over, among other things, the conduct of timber operations, including the conversion of timberland to uses other than growing timber. The conversion of timberland in particular often creates overlapping jurisdiction between Counties and CAL FIRE. The purpose of this letter is to clarify CAL FIRE’s role in the permitting of all timberland conversions, including CAL FIRE’s role under the California Environmental Quality Act (CEQA) where the County or other local entity is exercising its general zoning and police power in permitting some other aspect of the overall project. CAL FIRE hopes that this letter will assist Counties in the exercise of their permitting authority and landowners in compliance with the laws related to timber operations. Background: Timber Operations, Timberland, Timberland Conversion, Permitting and Exemptions In the State of California, the conduct of timber operations is strictly regulated pursuant to the Z’berg-Nejedly Forest Practice Act of 1973 (Pub. Resources Code, §§ 4511–4630.2) (the Forest Practice Act) and the Forest Practice Rules (Title 14, Cal. Code of Regs., §§895–1115.3) adopted by the State Board of Forestry and Fire Protection (the Board of Forestry) pursuant to the authority delegated to the Board of Forestry in the Act. Timber operations, as defined in the Forest Practice Act, means (i) the cutting or removal, or both (ii)from timberlands (iii) of timber or other solid wood forest products (iv) for commercial purposes. The commercial purposes of the cutting and removal may be either an intent to sell, barter, exchange, or trade the timber or an intent to convert timberland to a use other than growing timber, whether or not there is any intent to commercialize the timber. (Pub. Resources Code § 4527.) Conversion of timberlands to land uses other than the growing of timber includes, but is not limited to, residential and commercial development, production of agricultural crops, recreational developments, ski developments, water development projects, and transportation projects. (Pub. Resource Code § 4527(b).) All timber operations must be conducted pursuant to a Timber Harvesting Plan (THP) approved by CAL FIRE. (Pub. Resources Code § 4581.) A landowner who intends to convert timberland must also secure a Timberland Conversion Permit (TCP) from CAL FIRE prior to the timberland conversion. (Pub. Resources Code § 4621.) County Planning Staff October 2, 2024 Page 2 of 4 The Act defines “timberlands” to include all non-federal land that is available for, and capable of, growing a crop of trees of commercial species, as designated by the Board of Forestry. (Pub. Resources Code § 4526; see 14 CCR § 895.1.) A “crop of trees” includes any number of trees that may be harvested commercially. (14 CCR § 895.1.) It is important to note that timberlands are thus defined by their physical characteristics rather than their zoning, that some or all of a property may be timberlands, and that zoning restrictions may not preclude the conduct of timber operations and, therefore, the requirement of a THP or TCP. CAL FIRE encourages landowners to contact a Registered Professional Forester (RPF) or their local CAL FIRE Unit Forester to assist in determining whether their land includes timberlands. A TCP is a document that is approved by CAL FIRE in its discretion, to be exercised pursuant to the standards in the Forest Practice Act & Rules. (Pub. Resources Code §§ 4621 and 4622.) Though a TCP is required prior to the conversion of timberland, the Forest Practice Act & Rules provide several exemptions to the TCP requirement. One important exemption for Counties is for the conversion of non-TPZ land for subdivision developments, which exempts the project from the TCP requirement where a County has approved a tentative subdivision map and granted all permits required by the County. (14 CCR § 1104.2.) Additional exemptions are available for public entities converting timberland for the construction or maintenance of rights-of-way and for public and private utilities for gas, water, sewer, oil, electric, and communications rights-of-way. (14 CCR §§ 1104.1(b), 1104.1(c).) A property owner may also submit a Notice of Conversion Exemption Timber Operations (Notice of Conversion Exemption), commonly known as a “less than three acre exemption,” which allows for the one-time conversion of less than three acres of timberland to a use other than growing timber. (14 CCR § 1104.1(a).) CAL FIRE must accept a Notice of Conversion Exemption that meets all of the criteria provided in the Forest Practice Act & Rules and reject one that does not. The Notice of Conversion Exemption must be prepared by a RPF, who must ensure that certain environmental and archaeological criteria are met and values protected. (Ibid.) Timber operations pursuant to a Notice of Conversion Exemption must be conducted by a Licensed Timber Operator (LTO) and are subject to the operational provisions of the Forest Practice Act & Rules. (Ibid.) But a Notice of Conversion Exemption is a ministerial document and does not require evaluation of the cumulative or other impacts that would be evaluated for a discretionary approval under CEQA, and it may therefore be inappropriate for other agencies to rely on a Notice of Conversion Exemption for CEQA purposes. As a related point, CAL FIRE would like to stress that only a TCP approved by CAL FIRE or a conversion exemption accepted by CAL FIRE allows for the lawful conversion of timberland. THPs, non-industrial timber management plans (NTMPs), and other documents that allow for the commercial harvest of timber from timberlands do not permit the conversion of timberland to uses other than growing timber. It would be inappropriate for a County to rely on anything other than a TCP or Notice of Conversion Exemption— approved or accepted by CAL FIRE prior to the conversion of timberland—as evidence of the lawful conversion of timberland to another use. CAL FIRE encourages County County Planning Staff October 2, 2024 Page 3 of 4 permitting authorities to contact CAL FIRE if they have any questions about whether particular timberlands were lawfully converted. Interplay between CAL FIRE and County Permits and Permitting A TCP is required in addition to any local permits that may be required for the intended use other than growing timber, including, for example, local permits for building, grading, cannabis cultivation, etc. The Forest Practice Act recognizes the County’s traditional zoning and land use authority by requiring that a TCP be “conditioned upon the granting of the necessary rezoning or use permit if rezoning or a use permit is required” and that “no timber operations shall commence until the granting of such rezoning or use permit as may be required.” (Pub. Resources Code § 4622.) The CEQA Guidelines also recognize the primacy of the County’s general police power over limited purpose agencies like CAL FIRE, providing “the Lead Agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. . .” and that “[t]he Lead Agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose.” (14 CCR § 15051.) Local permits usually apply to the ongoing use of a property, as opposed to the permits from CAL FIRE that are simply approving the cutting and removal of timber for the new use of the property, and local permits often cover a larger geographic area than the timber operations permitted by CAL FIRE. Accordingly, for projects that require both a TCP and a discretionary permit issued by the County, the County is the proper Lead Agency for CEQA purposes. CAL FIRE serves as Responsible Agency for the limited purposes of permitting the cutting and removal of timber for timberland conversion through the THP and TCP. CAL FIRE encourages Counties and project applicants to engage CAL FIRE early in the planning process if there is any doubt over the proper Lead Agency for a project that requires a TCP. This will allow the parties to agree to the proper Lead Agency or, if necessary, submit the matter to the Governor’s Office of Planning and Research for determination. (See Pub. Resources Code § 21165.) The requirements for a Notice of Conversion Exemption also recognize the County’s traditional authority over zoning and land use and seek to ensure that CAL FIRE does not approve a Conversion Exemption for a conversion incompatible with County zoning and land use restrictions. CAL FIRE must reject a Notice of Conversion Exemption unless the authorized designee of the County Board of Supervisors signs the exemption stating that the conversion is in compliance with all County regulations. (14 CCR § 1104.1(a)(1)(D).) If a County does not have an authorized designee, the RPF preparing the Conversion Exemption must certify that she has contacted the County to ensure compliance. (Ibid.) Unfortunately, CAL FIRE is not always able to verify that the County has been contacted or that the conversion is in conformance with County regulations. Therefore, CAL FIRE encourages Counties that have not already done so to designate a County officer to review all Notices of Conversion Exemption and ensure their consistency with County regulations. County Planning Staff October 2, 2024 Page 4 of 4 Lands zoned timberland production zone (TPZ) present a unique overlap of the respective jurisdictions of CAL FIRE and the County. The immediate rezone of TPZ constitutes the conversion of timberland and requires a TCP, whether timber operations are to occur or not. (14 CCR §§ 1100(g)(2), 1103.1.) But in order for CAL FIRE to issue a TCP for the immediate rezone of TPZ lands, CAL FIRE must make the affirmative findings specified in the Forest Practice Act & Rules. (Pub. Resources Code § 4621.2; 14 CCR § 1109-1110.) Since the immediate rezone of TPZ requires a TCP in addition to the approval of the County, CAL FIRE is a responsible agency for purposes of environmental review under CEQA. Early consultation with CAL FIRE during the immediate rezone process will ensure that the resulting CEQA document will enable CAL FIRE to make the required affirmative findings and issue the TCP. * * * CAL FIRE hopes that this letter clarifies the proper roles of Counties in approving projects that involve timberland conversion and of CAL FIRE in its review of conversions and will help ensure that the review of projects involving timberland conversion respects both the County’s general authority over land use and zoning and CAL FIRE’s limited but important authority over the timberland resources of the State. CAL FIRE supports Counties in their efforts to create and maintain an effective system of evaluation of environmental impacts from various projects that require timberland conversion for their implementation, and CAL FIRE looks forward to assisting Counties as a Responsible Agency. If you would like further information, have any questions, or would like to meet with me or your Unit Forester to discuss these issues, please do not hesitate to contact me by telephone at (916) 210-9027 or by email at Gabrielle.Slominski@fire.ca.gov. Very Truly Yours, Gabrielle Slominski Staff Counsel CAL FIRE Cc: Eric Huff, Assistant Deputy Director – Forest Practice (CAL FIRE) Edith Hannigan, Executive Officer (State Board of Forestry and Fire Protection) Is an Accepted/ Approved Harvest Document from CAL FIRE necessary to move forward with this Project? Available for and capable of growing certain species of trees defined by the BOF as commercial (14 CCR 895.1). NO, you do not need a  harvest document from  CAL FIRE to proceed with your  project.  However, city, county and other  state regulations still apply. YES, you do need a Harvest Document  accepted/approved by CAL FIRE prior  to proceeding with your project.  Please contact a consulting RPF  to assist you in determining which  document to utilize.  BOF  List of  RPFs CAL  FIRE  Forms BOF  Pamphlet YES YES YES YES Lands other than those owned by the federal government,  designated experimental forest land, or tribal lands  Are operations proposed on Timberlands [PRC 4526] The cutting or removal of trees that are [to be or  are intended to be] processed into logs, lumber,  or other wood products and offered for sale,  barter, exchange, or trade  The cutting or removal of trees or other forest  products during the conversion of timberlands to  land uses other than the growing of timber that are  subject to PRC 4621, including, but not limited to, residential  or commercial developments, production of other agricultural  crops, recreational developments, ski developments, water  development projects, and transportation projects (** If Yes,  please see reverse side for conversion specific information) Are the operations proposed for Commercial Purposes [PRC 4527] NO NO NO NO May 2021 Is my project eligible for use of a Less than 3 Acre Conversion Exemption? 14 CCR 1104.1(a) Additional exemptions are available for public entities  converting timberland for the construction or maintenance of rights of way  and for public and private utilities for gas, water, sewer, oil, electric, and  communications rights of way. Is my project eligible for use of a Less than 3 Acre Conversion Exemption? 14 CCR 1104.1(a) Your Project MAY be eligible for the use of a “Less than 3 acre Conversion Exemption”. Please contact a consulting RPF to assist  you in determining which  document to utilize.  Your Project is NOT eligible for a “Less than 3 acre Conversion Exemption”. In order to proceed with your project a Timber Conversion Permit (TCP) and Harvest Document must be approved. Please contact a consulting  RPF to assist you in  navigating this process.  Is there a past Less than 3 acre Conversion  Exemption on the contiguous ownership of  the current project by the same person as  who is currently proposing the project?  Is the proposed project area greater than  or equal to 3 acres in size?  Has all or a portion of the contiguous  land ownership been subject to prior  Unpermitted Timberland Conversion?  YES YES YES NO NO NO May 2021