Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2010
 

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Public Resources Code

PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS

CHAPTER 8. Forest Practice Act

Article 7 Timber Harvesting

Article 9 Conversion

Chapter 8. Forest Practice Act

Construction.—A county's amendments to its zoning ordinance controlling the location of commercial timber harvesting were not preempted by state statutes (Public Resources Code Sections 4511–4628) governing the conduct of timber harvest operations. Although Public Resources Code Section 4516.5 expressly preempts local attempts to regulate the conduct of timber operations, the ordinance instead addressed where the operations could take place. Government Code Sections 51100–51155 contemplate that local zoning authority be exercised on those issues, and other pertinent legislation demonstrates the Legislature's intent to preserve local zoning authority over lands not designated as "timberland production zones." Neither was the ordinance preempted by implication. Big Creek Lumber Company v. San Mateo County, 31 Cal.App.4th 418.

Article 7. Timber Harvesting

4582.8. Timber harvesting plans; tax rate area designations. Within 10 days from the date that a timber harvesting plan is determined to be in conformance under Section 4582.7, or within 10 days from the date of receipt of a notice of timber operations, a nonindustrial timber harvest notice, a notice of exemption to convert less than three acres to a nontimber use pursuant to Section 4584, or an emergency notice filed pursuant to Section 4592, the director shall transmit copies thereof to the State Board of Equalization. Any notice of exemption or notice of emergency transmitted to the State Board of Equalization pursuant to this section shall include, among other things, an estimate of the timber owner as to whether the timber to be harvested pursuant to the notice will or will not be exempt from timber yield tax pursuant to Section 38116 of the Revenue and Taxation Code as interpreted and implemented by the State Board of Equalization.

History.—Added by Stats. 1976, Ch. 176, p. 318, in effect May 24, 1976. Stats. 1981, Ch. 714, in effect January 1, 1982, deleted former subdivision (a); relettered former subdivisions (b) and (c) as subdivisions (a) and (b), respectively; deleted "Effective on January 1, 1977," before "Within", substituted "(b)" for "(c)", and substituted "Director" for "State Forester" in the first paragraph of subdivision (a); and deleted "Effective on March 1, 1977," before "Within" and substituted "the" for "such" before "harvest" and before "land is" in the first sentence of subdivision (b). Stats. 1983, Ch. 1281, in effect September 30, 1983, deleted "(a)" before "Within", deleted "pursuant to subdivision (b)" after "operations", and deleted "and the assessor of the county in which the timber subject to the harvesting plan or notice is located" after "Equalization", and deleted the former second paragraph of former subdivision (a); and deleted former subdivision (b). Stats. 1989, Ch. 1290, in effect January 1, 1990, substituted "determined to be" for "deemed" after "timber harvest plan is" and added "or a nonindustrial timber harvest notice" after "notice of timber operations". Stats. 1994, Ch. 746, in effect September 22, 1994, substituted "from the date that" for "after" after "Within 10 days", substituted "from the date of" for "after" after "within 10 days", substituted "," for "or" after "timber operations", and added "a notice of exemption to convert less than three acres to a nontimber use pursuant to Section 4584, or an emergency notice filed pursuant to Section 4592," after "timber harvest notice,". Stats. 1998, Ch. 591 (SB 2237), in effect January 1, 1999, added the second sentence.

Note.—Section 18 of Stats. 1989, Ch. 1290, provided that Section 1 of that act (which amended Section 4582.8) shall become operative on January 1, 1991, or upon the effective date of the rules and regulations adopted by the State Board of Forestry pursuant to Section 13, whichever date occurs earlier.

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4584. Exempt activities. Upon determining that the exemption is consistent with the purposes of this chapter, the board may exempt from this chapter or portions thereof, a person engaged in forest management whose activities are limited to any of the following:

(a) The cutting or removal of trees for the purpose of constructing or maintaining a right-of-way for utility lines.

(b) The planting, growing, nurturing, shaping, shearing, removal, or harvest of immature trees for Christmas trees or other ornamental purposes or minor forest products, including fuelwood.

(c) The cutting or removal of dead, dying, or diseased trees of any size.

(d) Site preparation.

(e) Maintenance of drainage facilities and soil stabilization treatments.

(f) Timber operations on land managed by the Department of Parks and Recreation.

(g) (1) The one-time conversion of less than three acres to a nontimber use. A person, whether acting as an individual or 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 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 subdivision, means an individual, partnership, corporation, or any other legal entity.

(2) (A) Notwithstanding Section 4554.5, the board shall adopt regulations that become effective and operative on or before July 1, 2002, and 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 under this subdivision to expire if there is a change in timberland ownership. The person who originally submitted an application for an exemption under 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).

(h) Easements granted by a right-of-way construction agreement administered by the federal government if any timber sales and operations within or affecting these areas are reviewed and conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).

(i) The cutting, removal, or sale of timber or other solid wood forest products from the species Taxus brevifolia (Pacific yew), if the known locations of any stands of this species three inches and larger in diameter at breast height are identified in the exemption notice submitted to the department. Nothing in this subdivision is intended to authorize the peeling of bark from, or the cutting or removal of, Taxus brevifolia within a watercourse and lake protection zone, special treatment area, buffer zone, or other area where timber harvesting is prohibited or otherwise restricted pursuant to board rules.

(j) (1) The cutting or removal of trees in compliance with Sections 4290 and 4291, that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of not more than 150 feet on each side from an approved and legally permitted structure that complies with the California Building Code, when that cutting or removal is conducted in compliance with this subdivision. For purposes of this subdivision, an "approved and legally permitted structure" includes only structures that are designed for human occupancy and garages, barns, stables, and structures used to enclose fuel tanks.

(2) (A) The cutting or removal of trees pursuant to this subdivision is limited to cutting or removal that will result in a reduction in the rate of fire spread, fire duration and intensity, fuel ignitability, or ignition of the tree crowns and shall be in accordance with any regulations adopted by the board pursuant to this section.

(B) Trees shall not be cut or removed pursuant to this subdivision by the clearcutting regeneration method, by the seed tree removal step of the seed tree regeneration method, or by the shelterwood removal step of the shelterwood regeneration method.

(3) (A) Surface fuels, including logging slash and debris, low brush, and deadwood, that could promote the spread of wildfire shall be chipped, burned, or otherwise removed from all areas of timber operations within 45 days from the date of commencement of timber operations pursuant to this subdivision.

(B) (i) All surface fuels that are not chipped, burned, or otherwise removed from all areas of timber operations within 45 days from the date of commencement of timber operations may be determined to be a nuisance and subject to abatement by the department or the city or county having jurisdiction.

(ii) The costs incurred by the department, city, or county, as the case may be, to abate the nuisance upon any parcel of land subject to the timber operations, including, but not limited to, investigation, boundary determination, measurement, and other related costs, may be recovered by special assessment and lien against the parcel of land by the department, city, or county. The assessment may be collected at the same time and in the same manner as ordinary ad valorem taxes, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ad valorem taxes.

(4) All timber operations conducted pursuant to this subdivision shall conform to applicable city or county general plans, city or county implementing ordinances, and city or county zoning ordinances. Nothing in this paragraph is intended to authorize the cutting, removal, or sale of timber or other solid wood forest products within an area where timber harvesting is prohibited or otherwise restricted pursuant to the rules or regulations adopted by the board.

(5) (A) The board shall adopt regulations, initially as emergency regulations in accordance with subparagraph (B), that the board considers necessary to implement and to obtain compliance with this subdivision.

(B) The emergency regulations adopted pursuant to subparagraph (A) shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

(k) (1) Until January 1, 2013, the harvesting of trees, limited to those trees that eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns, for the purpose of reducing the rate of fire spread, duration and intensity, fuel ignitability, or ignition of tree crowns.

(2) The board may authorize an exemption pursuant to paragraph (1) only if the tree harvesting will decrease fuel continuity and increase the quadratic mean diameter of the stand, and the tree harvesting area will not exceed 300 acres.

(3) The notice of exemption, which shall be known as the Forest Fire Prevention Exemption, may be authorized only if all of the conditions specified in paragraphs (4) to (10), inclusive, are met.

(4) A registered professional forester shall prepare the notice of exemption and submit it to the director, and include a map of the area of timber operations that complies with the requirements of paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision (x) of Section 1034 of Title 14 of the California Code of Regulations.

(5) (A) The registered professional forester who submits the notice of exemption shall include a description of the preharvest stand structure and a statement of the postharvest stand stocking levels.

(B) The level of residual stocking shall be consistent with maximum sustained production of high-quality timber products. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand. Stocking shall not be reduced below the standards required by any of the following provisions that apply to the exemption at issue:

(i) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph (1) of subdivision (a) of Section 913.3 of Title 14 of the California Code of Regulations.

(ii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph (1) of subdivision (a) of Section 933.3 of Title 14 of the California Code of Regulations.

(iii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph (1) of subdivision (a) of Section 953.3 of Title 14 of the California Code of Regulations.

(C) If the preharvest dominant and codominant crown canopy is occupied by trees less than 14 inches diameter at breast height, a minimum of 100 trees over four inches diameter at breast height shall be retained per acre for Site I, II, and III lands, and a minimum of 75 trees over four inches diameter at breast height shall be retained per acre for Site IV and V lands.

(6) (A) The registered professional forester who submits the notice shall include selection criteria for the trees to be harvested or the trees to be retained. In the development of fuel reduction prescriptions, the registered professional forester should consider retaining habitat elements, where feasible, including, but not limited to, ground level cover necessary for the long-term management of local wildlife populations.

(B) All trees that are harvested or all trees that are retained shall be marked or sample marked by or under the supervision of a registered professional forester before felling operations begin. The board shall adopt regulations for sample marking for this section in Title 14 of the California Code of Regulations. Sample marking shall be limited to homogenous forest stand conditions typical of plantations.

(7) (A) The registered professional forester submitting the notice, upon submission of the notice, shall provide a confidential archaeology letter that includes all of the information required by any of the following provisions that apply to the exemption at issue:

(i) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of Section 929.1 of Title 14 of the California Code of Regulations, and include site records if required pursuant to subdivision (g) of that section or pursuant to Section 929.5 of Title 14 of the California Code of Regulations.

(ii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of Section 949.1 of Title 14 of the California Code of Regulations, and include site records if required pursuant to subdivision (g) of that section or pursuant to Section 949.5 of Title 14 of the California Code of Regulations.

(iii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of Section 969.1 of Title 14 of the California Code of Regulations, and include site records if required pursuant to subdivision (g) of that section or pursuant to Section 969.5 of Title 14 of the California Code of Regulations.

(B) The director shall submit a complete copy of the confidential archaeological letter and two copies of all 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 notice submittal to the director. Before submitting the notice to the director, the registered professional forester shall send a copy of the notice to Native Americans, as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(8) Only trees less than 18 inches stump diameter, measured at eight inches above ground level, may be removed. However, within 500 feet of a legally permitted structure, or in an area prioritized as a shaded fuel break in a community wildfire protection plan approved by a public fire agency, if the goal of fuel reduction cannot be achieved by removing trees less than 18 inches stump diameter, trees less than 24 inches stump diameter may be removed if that removal complies with this section and is necessary to achieve the goal of fuel reduction. A fuel reduction effort shall not violate the canopy closure regulations adopted by the board on June 10, 2004, and as those regulations may be amended.

(9) (A) This subparagraph applies to areas within 500 feet of a legally permitted structure and in areas prioritized as a shaded fuel break in a community wildfire protection plan approved by a public fire agency. The board shall adopt regulations for the treatment of surface and ladder fuels in the harvest area, including logging slash and debris, low brush, small trees, and deadwood, that could promote the spread of wildfire. The regulations adopted by the board shall be consistent with the standards in the board's "General Guidelines for Creating Defensible Space" described in Section 1299 of Title 14 of the California Code of Regulations. Postharvest standards shall include vertical spacing between fuels, horizontal spacing between fuels, maximum depth of dead ground surface fuels, and treatment of standing dead fuels, as follows:

(i) Ladder and surface fuels shall be spaced to achieve a vertical clearance distance of eight feet or three times the height of the postharvest fuels, whichever is the greater distance, measured from the base of the live crown of the postharvest dominant and codominant trees to the top of the surface fuels.

(ii) Horizontal spacing shall achieve a minimum separation of two to six times the height of the postharvest fuels, increasing spacing with increasing slope, measured from the outside branch edges of the fuels.

(iii) Dead surface fuel depth shall be less than nine inches.

(iv) Standing dead or dying trees and brush shall generally be removed. That material, along with live vegetation associated with the dead vegetation, may be retained for wildlife habitat when isolated from other vegetation.

(B) This subparagraph applies to all areas not described in subparagraph (A).

(i) The postharvest stand shall contain no more than 200 trees over three inches in diameter per acre.

(ii) Vertical spacing shall be achieved by treating dead fuels to a minimum clearance distance of eight feet measured from the base of the live crown of the postharvest dominant and codominant trees to the top of the dead surface fuels.

(iii) All logging slash created by the timber operations shall be treated to achieve a maximum postharvest depth of nine inches above the ground.

(C) The standards required by subparagraphs (A) and (B) shall be achieved on approximately 80 percent of the treated area. The treatment shall include chipping, removing, or other methods necessary to achieve the standards. Ladder and surface fuel treatments, for any portion of the exemption area where timber operations have occurred, shall be done within 120 days from the start of timber operations on that portion of the exemption area or by April 1 of the year following surface fuel creation on that portion of the exemption area if the surface fuels are burned.

(10) Timber operations shall comply with the requirements of paragraphs (1) to (10), inclusive, of subdivision (b) of Section 1038 of Title 14 of the California Code of Regulations. Timber operations in the Lake Tahoe Region shall comply instead with the requirements of paragraphs (1) to (16), inclusive, of subdivision (f) of Section 1038 of Title 14 of the California Code of Regulations.

(11) After the timber operations are complete, the department shall conduct an onsite inspection to determine compliance with this subdivision and whether appropriate enforcement action should be initiated.

History.—Added by Stats. 1973, Ch. 880, in effect January 1, 1974. Stats. 1975, Ch. 372, in effect January 1, 1976, added "cutting or removal of trees for the purpose of constructing or maintaining a right-of-way for utility lines or the" after "limited to the", added "or minor forest products, including fuelwood," after "ornamental purposes", and added "that" after "determining". Stats. 1987, Ch. 987, in effect January 1, 1988, substituted "Upon determining that the exemption is consistent with the purposes of this chapter, the" for "The" at the beginning of the sentence; added "any of the following:" after "limited to"; added the subsection numbers "(1)" before "The cutting . . . .", "(2)" before "The planting . . . .", and "(3)" before "The cutting . . . ."; deleted ", on determining that such exemption is consistent with the purposes of this chapter" after "of any size"; and added subsections (4) and (5). Stats. 1989, Ch. 1161, in effect January 1, 1990, deleted "the provisions of" after "exempt from" in the first sentence; substituted the subsection letters for the subsection numbers; and added subsections (f), (g), and (h). Stats. 1992, Ch. 756, in effect January 1, 1993, added subsection (i). Stats. 1994, Ch. 746, in effect September 22, 1994, added subsection (j). Stats. 1996, Ch. 521. Stats. 2001, Ch. 627 (AB 671), in effect January 1, 2002, added paragraph (1) designation in subdivision (g), added second, third, and fourth sentences and paragraph (2) therein; substituted "Sections" for "Section" after "in compliance with" in subdivision (j)(1); deleted a comma after "fuels" and substituted "jurisdiction" for "jursidiction" in subdivision (j)(3)(B)(i); and substituted "accordance" for "acordance" in subdivision (j)(5)(B). Amended by Stats. 2004, Ch. 712 (AB 2420), in effect September 23, 2004. Amended by Stats. 2007, Ch. 412 (AB 1515), in effect January 1, 2008.

Note.—Section 1 of the Stats. 2004, Ch. 712 (AB 2420) provided that the Legislature hereby finds and declares all of the following:

(a) Past disruptions of natural fire cycles and other activities have resulted in wildfires of increasing intensity and severity that are a threat to the forest ecosystem, air quality, fresh water supplies, private citizens, emergency services personnel, and the overall public health and safety of California.

(b) Healthy forests are a common goal for Californians, but overstocked forests cause increased tree mortality resulting in the build up of flammable fuels. The treatment of these hazardous fuels will reduce the impact of wildfires on communities and natural and cultural resources, and will restore health to fire-adapted ecosystems.

(c) Under the National Fire Plan, promulgated by the western Governors, the hazardous fuel treatment program has expanded significantly, with a greater focus on treatments intended to protect communities in the wildland urban interface.

(d) Opportunities to capture the federal funding available for the reduction of hazardous fuels from unhealthy forests near communities determined to be at risk, by the Department of Forestry and Fire Protection, from catastrophic wildfires are currently available pursuant to the bipartisan passage of Public Law 108-148.

(e) To better coordinate with and garner federal funding, California needs to expedite projects to increase safety for the forest ecosystem, air quality, fresh water supplies, private citizens, emergency services personnel, and the overall public health and safety of California, by reducing fire risks where ecosystem and public safety risks are excessive.

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4584.5. Registration; timber yield tax. Nothing in Section 4584 shall exempt the owner of any timber harvested from registering with the State Board of Equalization or from the payment of any applicable timber yield taxes imposed pursuant to Section 38115 of the Revenue and Taxation Code.

History.—Added by Stats. 1994, Ch. 746, in effect September 22, 1994.

4592. Emergency notice. Notwithstanding any other provisions of this chapter, a registered professional forester may in an emergency, on behalf of a timber owner or operator, file an "emergency notice" with the department that shall allow immediate commencement of timber operations. The emergency notice shall include a declaration, under penalty of perjury, that a bona fide emergency exists which requires immediate harvest activities, and that any applicable timber yield taxes will be paid pursuant to Section 38115 of the Revenue and Taxation Code. Those emergencies shall be defined by the board and may include, but are not limited to, the necessity to harvest to remove fire-killed or damaged timber or insect or disease-infested timber, or to undertake emergency repairs to roads.

History.—Added by Stats. 1973, Ch. 880, in effect January 1, 1974. Stats. 1976, Ch. 1300, in effect January 1, 1977, substituted "department" for "State Forester" after "with the" in the first sentence. Stats. 1994, Ch. 746, in effect September 22, 1994, added ", and that any applicable timber yield taxes will be paid pursuant to Section 38115 of the Revenue and Taxation Code" after "activities" in the second sentence; and substituted "Those" for "Such" before "emergencies", substituted "are not" for "need not be" after "but", and deleted " in order" after "harvest" in the third sentence.

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Article 9. Conversion*

* Article 9 added by Stats. 1973, Ch. 880, p. 1630, in effect January 1, 1974.

4621. Application for conversion; procedure. (a) Any person who owns timberlands which 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, 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 the article.

History.—Stats. 1975, Ch. 372, in effect January 1, 1976, substituted "who" for ", firm, corporation, company, partnership, or government agency that" in the first sentence. Stats. 1990, Ch. 1237, in effect January 1, 1991, added "(a)" at the beginning of the section, substituted "the" for "such" after "content of" in the second sentence, and added the third sentence to subdivision (a) and added subdivision (b).

4621.2. Conditions for approval of application; written findings. (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 characterof 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.

History.—Added by Stats. 1976, Ch. 176, p. 318, in effect May 24, 1976. Stats. 1981, Ch. 714, in effect January 1, 1982, substituted "any information which" for "such information as" in the first sentence, substituted "the" for "such" before "application", added "all of the following" after "makes", and deleted "that" after "findings" in the second sentence of subdivision (a); substituted "." for "; and" in subsections (a)(1) and (a)(2); substituted "is not" for "shall not be" in the first sentences of subdivisions (b) and (c); and substituted "If" for "In the event that" and "Director" for "State Forester" in the first and second sentences, and substituted "The" for "Such" in the third sentence of subdivision (e). Stats. 1982, Ch. 1489, in effect January 1, 1983, substituted "production" for "preserve" after "timberland" and "information the board determines necessary" for "any information which the board determines to be necessary" after "include" in the first sentence, and substituted "written findings that all of the following exist" for "all of the following written findings" after "makes" in the second sentence of subdivision (a); substituted "shall not alone be" for "is not alone" before "sufficient" in the first sentence, and substituted "production" for "preserve" after each "timberland" in the second sentence of subdivision (b); substituted "shall not be" for "is not" after "use" in the first sentence of subdivision (c); and, substituted "In the event that", for "If" at the beginning of the first and second sentences of subdivision (e). Stats. 1990, Ch. 1237, in effect January 1, 1991, deleted former subdivision (d) which provided "The board shall establish and publish a rate schedule of fees to be paid by the landowner for the cost of processing the application and recording the necessary documentation.", and relettered former subdivision (e) as subdivision (d).

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4622. Additional conditions for approval of application. 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.

History.—Stats. 1989, Ch. 1161 in effect January 1, 1990, substituted "Except as provided in Section 4584, all" for "No" before "timber", "shall" for "may" before "be cut pursuant to", and "pursuant to" for "except under the provisions of" before "Section 4581" in the second sentence.

4623. Affidavit of intent to convert land; additional proof of intent. 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.

4624. Denial of conversion permit; reasons. The board shall deny a timberland conversion permit for any of the following reasons:

(a) The applicant is not the real person in interest.

(b) Material misrepresentation or false statement in the application.

(c) The applicant does not have a bona fide intention to convert the land.

(d) The failure or refusal of the applicant to comply with the rules and regulations of the board and the provisions of this chapter.

(e) The failure of the proposed alternate use in the application to meet the findings required in subdivision (a) of Section 4621.2 and other provisions of that section.

History.—Stats. 1976, Ch. 176, p. 319, in effect May 24, 1976, added subdivision (e).

4624.5. Hearing on denial of conversion permit. A person whose application for a timberland conversion permit has been denied shall be entitled to a hearing before the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

4625. Approval of application. If the board finds the applicant does have a bona fide intention to convert the land, it shall approve the application, authorizing the applicant to cut and remove any and all trees, provided that he otherwise complies with this chapter.

4626. Revocation of permit. If at any time the board finds that the applicant has failed to conform to the intent to convert, as set forth in the application and proof, the board may revoke the permit and require full compliance with this chapter. Any permit revocation shall be recorded in the same manner as the original permit.

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