citation: PRC § 4418

text:
Peace officers designated by the director may expend funds the director deems necessary to purchase evidence and to employ operators to obtain evidence in cases of arson to any property within a state responsibility area as established under Article 3 (commencing with Section 4125) of Chapter 1.

Funds expended pursuant to this section shall be repaid to the peace officer making the expenditure upon claims approved by the director and subject to post audit by the Department of Finance. Claims, when approved, shall be paid out of funds appropriated for the support or use of the department.

history: (History: Added by Stats. 1984, Ch. 1090, Sec. 1.)

article: 1. Definitions and General Provisions


kind: section

code: PRC

citation: PRC § 4421

text: A person shall not set fire or cause fire to be set to a forest, brush, or other flammable material that is on land that is not the person’s own land, or under the person’s legal control, without the permission of the owner, lessee, or owner’s agent or lessee of the land.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 73. (SB 272) Effective July 23, 2021.)

chapter: 6. Prohibited Activities

article: 2. Prohibited Activities

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 6. Prohibited Activities > 2. Prohibited Activities


citation: PRC § 4422

text:
A person shall not do either of the following:

(a) Willfully or knowingly allow fire to burn uncontrolled on land that the person owns or controls, or to escape to the lands of any person other than that of the owner.

(b) Allow any fire kindled or attended by the person to escape from the person’s control or to spread to the land of any person other than from the land from which the fire originated.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 74. (SB 272) Effective July 23, 2021.)

division: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS

article: 2. Prohibited Activities


citation: PRC § 4423

text:
A person shall not burn any brush, stumps, logs, fallen timber, fallows, slash, grass-covered land, brush-covered land, forest-covered land, or other flammable material, in any state responsibility area, area receiving fire protection by the department by contract, or upon federal lands administered by the United States Department of Agriculture or Department of the Interior, unless the person has a written permit from the department or its duly authorized representative or the authorized federal officer on federal lands administered by the United States Department of Agriculture or of the Interior and in strict accordance with the terms of the permit:

(a) At any time in Zone A.

(b) At any time in Zone B between May 1st and the date the director declares, by proclamation, that the hazardous fire conditions have abated for that year, or at any other time in Zone B during any year when the director has declared, by proclamation, that unusual fire hazard conditions exist in the area.

The issuing agency may require the permittee to contact the agency to determine permit suspension status prior to burning.

history: (History: Amended by Stats. 1988, Ch. 270, Sec. 4.)

article: 2. Prohibited Activities


text:
(a) Burning under permit by a person on public or private lands, except within incorporated cities, may be suspended, restricted, or otherwise prohibited by proclamation. Any of the following public officers may issue a proclamation, which shall be applicable within their respective jurisdictions:

(1) The director or the director’s designee.

(2) Any county fire warden with the approval of the director.

(3) The federal officers directing activities within California of the United States Bureau of Land Management, the National Park Service, and the United States Forest Service.

(b) The proclamation may be issued when, in the judgment of the issuing public official, the menace of destruction by fire to life, improved property, or natural resources is, or is forecast to become, extreme due to critical fire weather, fire suppression forces being heavily committed to control fires already burning, acute dryness of the vegetation, or other factors that may cause the rapid spread of fire. A proclamation is effective on issuance or at a time specified therein and shall remain in effect until a proclamation removing the suspension, restriction, or prohibition is issued. The proclamation may be effective for a single day or longer. The proclamation shall declare the conditions that necessitate its issuance, designate the geographic area to which it applies, require that all or specified burning under permit be suspended, restricted, or prohibited until the conditions necessitating the proclamation abate, and identify the public official issuing the proclamation. The proclamation may be in the form of a verbal or audio recorded telephone message, a press release, or a posted order.

(c) The proclamation may be issued without complying with Chapter 3.5 (commencing with Section 11340) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 75. (SB 272) Effective July 23, 2021.)

article: 2. Prohibited Activities


text:
(a) Whenever the burning under permit has been suspended , restricted, or prohibited by proclamation pursuant to Section 4423.1, the officer having jurisdiction may issue a restricted temporary burning permit in instances in which the continuation of burning may be essential for reasons of public health, safety, or welfare. The permit may stipulate any special precautions that are required to be followed to reduce the risk of uncontrolled fire originating from the operation.

(b) Violation of the terms of a restricted temporary burning permit is a misdemeanor, and any person upon conviction thereof shall be punished by a fine of not less than two hundred fifty dollars ($250). No part of the fine shall be suspended. The court may permit the fine prescribed by this section to be paid in installments if the court determines that the defendant is unable to pay the fine in one lump sum.

history: (History: Amended by Stats. 1988, Ch. 270, Sec. 6.)

article: 2. Prohibited Activities


text: The use of a campfire is not restricted or prohibited by a proclamation issued pursuant to Section 4423.1, unless specifically restricted or prohibited in that or a subsequent proclamation. If restricted by proclamation, campfires shall be confined to facilities constructed for that purpose within the confines of a campground established, maintained, and open for public use, whether publicly or privately owned.

history: (History: Amended by Stats. 1988, Ch. 270, Sec. 7.)

article: 2. Prohibited Activities


text:
Outdoor smoking is not restricted or prohibited by a proclamation issued pursuant to Section 4423.1, unless specifically restricted or prohibited in that or a subsequent proclamation. If restricted by proclamation, smoking shall be confined to the following:

(a) Within motor vehicles while operating or parked on established roads, rest stops, or parking areas cleared of flammable vegetation.

(b) Within established campgrounds open to the public.

(c) Within an area that is at least three feet or approximately one meter in diameter which has been cleared to mineral soil by removal of all flammable vegetation and duff.

The exempted locations may be included within the smoking ban if specifically noticed in the proclamation.

history: (History: Amended by Stats. 1988, Ch. 270, Sec. 8.)

article: 2. Prohibited Activities


text: Use of open fire or burning under permit within an area closed by proclamation pursuant to the provisions of Section 4423.1, except as provided in Sections 4423.2, 4423.3, and 4423.4, is a misdemeanor and any person upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100). No part of such fine shall be suspended. The court may permit the fine prescribed by this section to be paid in installments if the court determines that the defendant is unable to pay the fine in one lump sum.

history: (History: Added by Stats. 1976, Ch. 1074.)

article: 2. Prohibited Activities


citation: PRC § 4425

text: Any violation of the terms of a burning permit issued pursuant to Section 4423, a restricted temporary burning permit issued pursuant to Section 4423.2, or a campfire permit issued pursuant to Section 4433 renders the permit null and void.

history: (History: Amended by Stats. 1976, Ch. 1074.)

article: 2. Prohibited Activities


citation: PRC § 4426

text: A person shall not set a backfire, or cause a backfire to be set, except under the direct supervision or permission of a state or federal forest officer, unless it can be established that the setting of such backfire was necessary for the purpose of saving life or valuable property.

history: (History: Repealed and added by Stats. 1965, Ch. 1144.)

article: 2. Prohibited Activities


citation: PRC § 4427

text:
During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate any motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices from which a spark, fire, or flame may originate, which is located on or near any forest-covered land, brush-covered land, or grass-covered land, without doing both of the following:

(a) First clearing away all flammable material, including snags, from the area around such operation for a distance of 10 feet.

(b) Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

This section does not apply to portable powersaws and other portable tools powered by a gasoline-fueled internal combustion engine.

history: (History: Amended by Stats. 1968, Ch. 900.)

article: 2. Prohibited Activities


citation: PRC § 4428

text:
No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of such utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner and location prescribed in this section.

(a) On any such operation a sealed box of tools shall be located, within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, two axes, two McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire.

(b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox, including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six, or more, pounds and handle length of 32 inches, or more, and not less than two falling wedges.

(c) Each rail speeder and passenger vehicle, used on such operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used in such operation shall be equipped with one shovel.

(d) As used in this section:

(1) “Vehicle” means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

(2) “Passenger vehicle” means a vehicle which is self-propelled and which is designed for carrying not more than 10 persons including the driver, and which is used or maintained for the transportation of persons, but does not include any motortruck or truck tractor.

history: (History: Repealed and added by Stats. 1971, Ch. 445.)

article: 2. Prohibited Activities


citation: PRC § 4429

text: During any time of the year when burning permits are required in an area pursuant to this article, at any camp maintained in such area for the residence of employees, or at any local headquarters in such area of any industrial, agricultural, or other operations on or near any forest-covered land or brush-covered land, there shall be provided and maintained at all times, in a specific location, for firefighting purposes only, a sufficient supply of serviceable tools to equip 50 percent of the able-bodied, personnel, resident of such camp, or working out of such headquarters, for fighting fires. Among these tools shall be included shovels, axes, saws, backpack pumps, and scraping tools. With such tools there shall also be one serviceable headlight adaptable for attachment to at least one-half of the tractor-bulldozers used on the operation, and a sufficient number of canteens and flashlights to equip a third of the able-bodied personnel.

history: (History: Amended by Stats. 1976, Ch. 1171.)

article: 2. Prohibited Activities


citation: PRC § 4430

text:
During any time of the year when burning permits are required in an area pursuant to this article, a person, copartnership, firm, corporation or company, shall not use or operate in such area any steam-operated engine, machine equipment, mill or industrial plant, located on or near forest-covered land or brush-covered land, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose not less than one inch in diameter for each steam-operated engine or equipment. The pump or water pressure required in this section shall be capable of applying a minimum of 40 pounds pressure at the nozzle on 200 feet of hose, such nozzle to be one-fourth inch or larger in diameter. If two steam-operated engines or steam equipment are customarily operated within 100 feet of each other, only one engine or piece of equipment need be equipped with pump and hose.

This section does not apply to any internal combustion engine or to any steam or other locomotive which is being used in the business of a common carrier by railroad.

article: 2. Prohibited Activities


citation: PRC § 4431

text:
During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one serviceable round point shovel, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions.

The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation.

history: (History: Amended by Stats. 1992, Ch. 427, Sec. 138. Effective January 1, 1993.)

article: 2. Prohibited Activities


citation: PRC § 4432

text:
(a) A person shall not leave a campfire, kindled or attended by that person, burning or unextinguished unless one of the following requirements is satisfied:

(1) The person leaves some other person in attendance.

(2) The fire is enclosed within a stove, oven, drum, or other nonflammable container, in such manner that the fire cannot escape from the container.

(b) A person shall not allow a campfire, kindled or attended by that person, to spread after it is built.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 76. (SB 272) Effective July 23, 2021.)

article: 2. Prohibited Activities


citation: PRC § 4433

text:
(a) A person shall not light, maintain, or use a campfire upon brush-covered land, grass-covered land, or forest-covered land that is the property of another person unless the person first obtains a written permit from the owner, lessee, or agent of the owner or lessee of the property.

(b) If, however, campsites and special areas have been established by the property owner and posted as areas for camping, a permit is not necessary.

(c) A written campfire permit duly issued by or under the authority of the United States Forest Service is necessary for use on land under the jurisdiction and control of the United States Forest Service.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 77. (SB 272) Effective July 23, 2021.)

article: 2. Prohibited Activities


citation: PRC § 4434

text: The escape of any campfire from the control of any person who is maintaining the campfire is prima facie evidence that such person was negligent in maintaining the campfire.

history: (History: Added by Stats. 1965, Ch. 1144.)

article: 2. Prohibited Activities


citation: PRC § 4435

text: If any fire originates from the operation or use of any engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device which may kindle a fire, the occurrence of the fire is prima facie evidence of negligence in the maintenance, operation, or use of such engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or other device. If such fire escapes from the place where it originated and it can be determined which person’s negligence caused such fire, such person is guilty of a misdemeanor.

article: 2. Prohibited Activities


citation: PRC § 4436

text: A person shall not refuse or fail to render assistance in combating a forest, brush, or grass fire at the summons of the department, or its authorized agent who is charged with the prevention or suppression of fire or the enforcement of the state fire laws, or any county firewarden, firefighter, or county officer who is charged with the duty of preventing or combating forest, brush, or grass fires, or any officer of a county fire protection district, unless prevented from so doing by sickness or physical disability.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 78. (SB 272) Effective July 23, 2021.)

article: 2. Prohibited Activities


citation: PRC § 4437

text:
(a) Outside the exterior boundaries of cities, every processor of forest products shall exercise due diligence in the disposal of flammable material incident to the processing, so that the material does not cause the inception or spread of uncontrolled fire.

(b) Every person, copartnership, firm, corporation, or company that operates a sawmill or plant engaged in the processing or converting of forest products into lumber, shook, ties, poles, posts, veneer, shakes, shingles, and planed or milled products, shall dispose of flammable material incident to that operation. If such flammable material is not to be used as fuel, or as a byproduct, within the operation, it shall be disposed of by burning or by other alternative methods which effectively prevent the flammable material from constituting a fire hazard. The disposal or storage of flammable waste material or residue shall be made in any of the ways which are prescribed in Section 4438, 4439, or 4440.

(c) The director may establish regulations for the storage, disposal, or use of forest product waste or residue on land as a soil amendment or soil protection measure or for its disposal by fire. Regulations shall be adopted by the director in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code for the purpose of eliminating the potential of fire resulting from spontaneous combustion, other ignition sources, or wildfire escaping the forest product waste or residue storage, use, or disposal areas.

history: (History: Amended by Stats. 1982, Ch. 1333, Sec. 13.)

article: 2. Prohibited Activities


citation: PRC § 4438

text:
Flammable forest product waste material may be disposed of by means of fire in an enclosed device effective in preventing the spread of sparks or fire, situated in an area cleared of grass, grain, brush, slash, litter, and snags for a distance of 30.5 meters (100 feet) surrounding the device or by landfill or other methods which meet applicable state and local fire safety, air, and water quality standards.

A burning permit shall be obtained for the use of the device pursuant to Section 4423 and all other provisions of law.

history: (History: Amended by Stats. 1982, Ch. 1333, Sec. 14.)

article: 2. Prohibited Activities


citation: PRC § 4439

text:
(a) Flammable forest product waste material may be disposed of by means of fire in an area which is cleared of grass, grain, brush, slash, litter, snags and forest cover for a distance of 121.9 meters (400 feet) from the periphery of the fire and for any greater distance necessary to provide 30.5 meters (100 feet) of cleared area around any lumber pile or structure which may be situated within 121.9 meters (400 feet) of the fire.

(b) Sound and living trees beyond 30.5 meters (100 feet) from the periphery of the fire may be left standing within the area required to be cleared, provided the following requirements are met:

(1) Wildfire cannot travel into the canopy of any tree left standing.

(2) Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the flammable forest waste material.

(3) All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing.

(c) The disposal by fire in the cleared area is the responsibility of the operator or landowner, or of the operator and landowner, jointly, and shall be in conformance with Section 4423 and all other provisions of law.

history: (History: Amended by Stats. 1982, Ch. 1333, Sec. 15.)

article: 2. Prohibited Activities


citation: PRC § 4440

text:
(a) Flammable forest product residue may be accumulated in piles, within any state responsibility area, within any area receiving fire protection by the director by contract, or upon federal lands administered by the United States Department of Agriculture or the Department of Interior, when the area surrounding the piles is cleared and kept clear of all flammable vegetation and debris, including trees, snags, brush, grass, slash, and litter in accordance with one of the following procedures:

(1) Clearing to a distance of 45.7 meters (150 feet) from the periphery of the piles of flammable residue and all structures and lumber piles which are situated within 15.2 meters (50 feet) of the residue piles.

(2) Clearing to a distance of 30.5 meters (100 feet) from the periphery of the piles of flammable residue and all structures and lumber piles which are situated within 15.2 meters (50 feet) of the residue piles, and maintaining at all times a firebreak three meters (10 feet) or more in width cleared of all flammable material and constructed in a continuous line surrounding the accumulation at a distance of not less than 15.2 meters (50 feet) nor more than 91.4 meters (300 feet) from the periphery of the clearing surrounding the accumulation. All snags and dead trees between the firebreak and the periphery of the clearing shall be felled.

(3) Sound and living trees may be left standing within the areas required to be cleared of flammable residue, provided the following requirements are met:

(A) Wildfire cannot travel into the canopy of any tree left standing.

(B) Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the flammable forest waste material.

(C) All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing.

(D) Diseased or dead trees are removed entirely.

(b) Disposal by fire, if contemplated, is a responsibility of the operator or landowner or the operator and landowner, jointly, and shall be accomplished in conformance with Section 4423 and all other applicable provisions of law.

history: (History: Amended by Stats. 1982, Ch. 1333, Sec. 16.)

article: 2. Prohibited Activities


citation: PRC § 4441

text: Any person who permits or allows accumulation of waste material or residue in violation of the provisions of Sections 4437 to 4440, inclusive, is guilty of a misdemeanor and shall be punished for a first conviction, by a fine not to exceed two hundred fifty dollars ($250), and, for a second or subsequent conviction within five years of a prior conviction of a violation of one of those provisions, by a fine not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000) or imprisonment in the county jail for a period not to exceed 30 days, or both that fine and imprisonment. Each and every day of violation is a separate and distinct offense.

history: (History: Amended by Stats. 1982, Ch. 1333, Sec. 17.)

article: 2. Prohibited Activities


citation: PRC § 4442

text:
(a) Except as otherwise provided in this section, no person shall use, operate, or allow to be used or operated, any internal combustion engine which uses hydrocarbon fuels on any forest-covered land, brush-covered land, or grass-covered land unless the engine is equipped with a spark arrester, as defined in subdivision (c), maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443.

(b) Spark arresters affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

(c) A spark arrester is a device constructed of nonflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.

(d) Engines used to provide motive power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code.

(e) Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition.

(f) Motor vehicles when being operated in an organized racing or competitive event upon a closed course are not subject to this section if the event is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction.

history: (History: Amended by Stats. 1982, Ch. 1333, Sec. 18.)

article: 2. Prohibited Activities


text: No person shall sell, offer for sale, lease, or rent to any person any internal combustion engine subject to Section 4442 or 4443, and not subject to Section 13005 of the Health and Safety Code, unless the person provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is a violation of Section 4442 or 4443 to use or operate the engine on any forest-covered, brush-covered, or grass-covered land unless the engine is equipped with a spark arrester, as defined in Section 4442, maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443.

history: (History: Amended by Stats. 1982, Ch. 1333, Sec. 19.)

article: 2. Prohibited Activities


text:
(a) A person shall not sell, offer for sale, lease, or rent to a person any equipment that is powered by an internal combustion engine subject to Section 4442 or 4443, and not subject to Section 13005 of the Health and Safety Code, unless that equipment has a permanent warning label attached that is in plain view to the operator that states, “WARNING—Operation of This Equipment May Create Sparks That Can Start Fires Around Dry Vegetation. A Spark Arrestor May be Required. The Operator Should Contact Local Fire Agencies For Laws or Regulations Relating to Fire Prevention Requirements.”

(b) A person who manufacturers equipment that is powered by an internal combustion engine described in subdivision (a) shall attach to that equipment a permanent warning label that is in plain view to the operator and that complies with subdivision (a).

(c) Notwithstanding Section 4021, a violation of subdivision (a) or (b) is an infraction punishable by a fine of not more than one hundred dollars ($100).

history: (History: Added by Stats. 2005, Ch. 278, Sec. 1. Effective January 1, 2006.)

article: 2. Prohibited Activities


citation: PRC § 4443

text:
No person shall use, operate, or cause to be operated on any forest-covered land, brush-covered land, or grass-covered land any handheld portable, multiposition, internal-combustion engine manufactured after June 30, 1978, which is operated on hydrocarbon fuels, unless it is constructed and equipped and maintained for the prevention of fire.

The board shall, by regulation, specify standards for construction, equipment, and maintenance of such engines for the prevention of fire and shall specify a uniform method of testing to be used by engine and equipment manufacturers, governmental agencies, and equipment users. The regulations shall include specification of exhaust system standards for carbon particle retention or destruction, exposed surface temperature, gas temperature, flammable debris accumulation, durability, and serviceability.

Portable power saw and other portable equipment described in this section which were manufactured prior to July 1, 1978, shall be subject to fire safety design specifications as prescribed by the board.

history: (History: Added by Stats. 1977, Ch. 949.)

article: 2. Prohibited Activities


citation: PRC § 4445

text: A person shall not fire or cause to be fired from any rifle or other device capable of discharging ammunition, any bullet, projectile, or other ammunition which contains the components of thermite, magnesium, or aluminum, or any other component capable of causing a fire and commonly known as tracer or incendiary ammunition within any forest-covered area, brush-covered area, grass-covered area or grain-covered area.

history: (History: Repealed and added by Stats. 1965, Ch. 1144.)

article: 2. Prohibited Activities


citation: PRC § 4446

text:
Every person shall exercise reasonable care in the disposal of flammable material so that the material does not cause the inception of or spread of uncontrolled fire. A person shall not burn any flammable material in any incinerator within any state responsibility area, within any area receiving fire protection by the director by contract, or upon federal lands administered by the United States Department of Agriculture or Department of the Interior, unless all of the following minimum requirements are complied with:

(a) The area within 10 feet of the exterior of the incinerator is maintained free and clear of all flammable material and vegetation.

(b) A screen constructed of a nonflammable material, with no greater than14-inch mesh, or metal doors, close or cover each opening in the exterior of an incinerator to prevent the escape of flames, sparks, ashes, or other burning material which might cause an uncontrolled fire.

(c) A permit is obtained prior to burning for the use of the incinerator pursuant to Section 4423 and all other applicable provisions of law.

This section does not apply to the disposal of flammable material incident to the processing of forest products.

history: (History: Amended by Stats. 1981, Ch. 714, Sec. 352.)

article: 2. Prohibited Activities


citation: PRC § 4461

text: This article shall be known and may be cited as the Wildland Fire Protection and Resources Management Act of 1978.

history: (History: Added by Stats. 1978, Ch. 1118.)

chapter: 7. Burning of Lands

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 7. Burning of Lands > 1. Experimental Program for Wildland Fire Protection and Resources Management


citation: PRC § 4462

text:
The Legislature hereby finds and declares as follows:

(a) There has been an increase in the number of uncontrolled fires on the wildlands of this state, resulting in destruction of valuable timber and other vegetation, loss of recreational opportunities and wildlife habitat, erosion and damage to streamflow and watersheds, extremely adverse effects on water quality through sedimentation, destruction of soil and loss of nutrients, degradation of air quality, invasions into burned areas of less desirable plant species, and an unacceptable level of hazards to public safety. Further, the increased cost of fire suppression implies the need for alternative methods of fire prevention.

(b) The prevention of high-intensity wildland fires may be achieved partly through the reduction of the volume and continuity of flammable vegetation in wildlands by a program of fuel management.

(c) Wildland resources management planning and the provision of prescribed burn crews pursuant to this article serves a public purpose and will benefit all the citizens of the state.

history: (History: Amended by Stats. 1980, Ch. 525, Sec. 3. Operative July 1, 1981, by Sec. 13 of Ch. 525.)

article: 1. Experimental Program for Wildland Fire Protection and Resources Management


citation: PRC § 4464

text:
Unless the context clearly requires otherwise, the following definitions govern the construction of this chapter:

(a) “Hazardous fuel reduction” means the application of practices to wild lands, the primary impact of which to the vegetation is generally limited to the reduction of surface and ladder wild land fuels. These practices include, but are not limited to, prescribed fire, piling by machine or by hand in preparation for burning, thinning, pruning, or grazing. Treatments that reduce crown densities shall be prescribed only for the purpose of impacting fire behavior, and if it can be reasonably concluded, based on the proposed treatment, that the likelihood for the formation of crown fires is reduced.

(b) “Nonprofit organization” means any California corporation organized under Section 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code.

(c) “Person” means any natural person, firm, association, partnership, business trust, corporation, limited liability company, company, nonprofit organization, or a combination of those, or any public agency other than an agency of the federal government.

(d) “Prescribed burn crew” means personnel and firefighting equipment of the department that are prepared to contain fire set in a prescribed burning operation and to suppress any fire that escapes during a prescribed burning operation.

(e) “Prescribed burning” or “prescribed burning operation” means the planned application and confinement of fire to wild land fuels on lands selected in advance of that application to achieve any of the following objectives:

(1) Prevention of high-intensity wild land fires through reduction of the volume and continuity of wild land fuels.

(2) Watershed management.

(3) Range improvement.

(4) Vegetation management.

(5) Forest improvement.

(6) Wildlife habitat improvement.

(7) Air quality maintenance.

(f) “Wild land” means any land that is classified as a state responsibility area pursuant to Article 3 (commencing with Section 4125) of Chapter 1 and includes any land having a flammable plant cover. “Wild land” also means any land not classified as a state responsibility area where the geographic location of these lands and accumulation of wild land fuel is such that a wild land fire occurring on these lands would pose a threat to a state responsibility area.

(g) “Wild land fire” means any uncontrolled fire burning on wild land.

(h) “Wild land fuel” means any timber, brush, grass, or other flammable vegetation, living or dead, standing or down.

history: (History: Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 4. Effective July 28, 2009.)


text: The Legislature finds that, due to the absence of significant forest resources, lands in the Sutter Buttes in the County of Sutter are not likely to become eligible for classification as a state responsibility area under existing statutory criteria, but that those lands possess all other characteristics set forth in Section 4475, and substantial public benefits can be derived from prescribed burning operations on those lands. Accordingly, notwithstanding subdivision (a) of Section 4464, lands in the Sutter Buttes that have substantial accumulations of wildland fuel, the burning of which in a prescribed burning operation will achieve a combination of the purposes set forth in Section 4475, other than forest improvement, shall be deemed “wildland” for the purposes of Article 2 (commencing with Section 4475).

history: (History: Added by Stats. 1982, Ch. 987, Sec. 2. Effective September 13, 1982.)


citation: PRC § 4465

text: The department shall conduct an experimental program of wildland resources management through prescribed burning and other methods in two areas of wildlands.


citation: PRC § 4466

text:
(a) The department shall prepare two model plans for the initial development and implementation of a program for wildland resources management through prescribed burning and other methods, one of which is appropriate for an area of wildlands in northern California, and one, in southern California. All state agencies, including the Departments of Fish and Game and Conservation and the State Water Resources Control Board, shall cooperate with the department in the creation of the plans, to the end that administrative and environmental considerations are carefully and effectively considered and included in the program.

(b) Upon completion of each plan, the director shall submit the plan to the board for its review and approval as to its conformity with the requirements set forth in Section 4467.

(c) The department shall apply for funding from nonstate sources for the purpose of carrying out its planning responsibilities pursuant to this article. The department may not commence such planning until such funding is available in an amount sufficient to meet the costs of one model plan.

(d) Neither plan may be implemented or used after January 1, 1983.


citation: PRC § 4467

text:
(a) Each plan shall include, but shall not be limited to, elements regarding wildland fuel management and reduction, air and water quality, water conservation and watershed improvement, soil conservation, wildlife habitat improvement and protection, range and forage improvement, and timberland improvement and protection.

(b) The plan shall be prepared in accordance with the California Environmental Quality Act (commencing with Section 21000) and, when approved, shall constitute the environmental impact report for the implementation of the plan for each area of wildlands designated by the board.

(c) The department shall coordinate the development of each plan with the general plan of each county in which the experimental program is conducted and shall, to the maximum extent feasible, conform the plan to the land-use plans and objectives of state and local government.

(d) Copies of each plan shall be made available to each county, resource conservation district, and person owning land in the area in which the experimental program is conducted.


citation: PRC § 4468

text: During the prescribed burning season, the department shall maintain at least two prescribed burn crews, one each in northern and southern California, for the purpose of providing prescribed burn back-up in the event of an emergency during prescribed burning operations. The department shall prepare a schedule for each prescribed burning season so that the crews will be available to all persons or groups of persons participating in the program during that season. Crews may also be used for other firefighting operations engaged in by the department when not in use in connection with such prescribed burning operations.


citation: PRC § 4470

text: The department shall furnish a prescribed burn crew, and assume all costs thereof, to any person or group of persons who own or control land in a wildland area for which a plan has been approved pursuant to this article if such a person or group of persons obtains a brush-burning permit and agrees as a condition of issuance of the permit to comply with the plan in all aspects and to comply with the requirements of Article 3 (commencing with Section 4491) of this chapter, including the assumption of all liability for damage to the property of others.


citation: PRC § 4471

text: No person applying for a brush-burning permit pursuant to Article 3 (commencing with Section 4491) of this chapter, applying for a slash-burning permit pursuant to Section 4423, or conducting timber operations pursuant to the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511) shall be required to comply with the provisions of this article as a condition to the issuance of a permit or other entitlement pursuant to such provisions.


citation: PRC § 4475

text:
(a) The director may enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction that is consistent with this chapter and the regulations of the board with any person to conduct prescribed burning operations and joint prescribed burning operations that serve the public interest and are beneficial to the state. To be considered for the public interest and beneficial to the state, each prescribed burn shall be for any of the following purposes, or any combination of those purposes:

(1) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.

(2) Watershed management.

(3) Range improvement.

(4) Vegetation management.

(5) Forest improvement.

(6) Wildlife habitat improvement.

(7) Air quality maintenance.

(b) For the purposes of this article and consistent with subdivision (c), “person” includes, but is not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies. For purposes of this article, “person” shall also include the plural when the department determines an agreement needs to contain two or more persons as defined in this section.

(c) The Legislature finds and declares that historically, the department conducted prescribed burns only utilizing its own personnel and therefore was liable for any damages resulting from the burn. However, to reach the statewide prescribed burn goals identified in the “California Forest Carbon Plan: Managing our Forest Landscapes in a Changing Climate,” to limit the threat of catastrophic wildfire, and to improve forest health, the department may have a smaller role on individual prescribed burns with a cooperator taking more control as authorized by the act adding this subdivision. This cooperator control may range from creating the burn plan to being the burn boss and conducting the burn.

history: (History: Amended by Stats. 2018, Ch. 624, Sec. 9. (SB 1260) Effective January 1, 2019.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 7. Burning of Lands > 2. Department of Forestry Burning Agreements


citation: PRC § 4476

text:
An agreement that is entered into pursuant to this article shall do all of the following:

(a) Vest in the director the final authority to determine the time during which wildland fuel and structural fire hazards may be burned to minimize the risk of escape of a fire set in a prescribed burning operation and to facilitate maintenance of air quality.

(b) Designate an officer of the department or a burn boss certified pursuant to Section 4477 as the burn boss with final authority to approve and amend the plan and formula applicable to a prescribed burning operation, to determine that the site has been prepared and the crew and equipment are ready to commence the operation, and to supervise the work assignments of departmental employees and all personnel furnished by the person contracting with the department until the prescribed burning is completed and all fire is declared to be out.

(c) Specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person.

(d) Provide that any personnel furnished by a person contracting with the department to assist in any aspect of site preparation or prescribed burning or other hazardous fuel reduction shall be an agent of that person for all purposes of workers’ compensation. However, any volunteer recruited or used by the department to suppress a wildland fire originating or spreading from a prescribed burning operation is an employee of the department for all purposes of workers’ compensation.

(e) (1) Provide that the department may, in its discretion, purchase a third-party liability policy of insurance that provides coverage against loss resulting from a wildland fire sustained by any person or public agency, including the federal government. The amount of the policy, if purchased, shall be determined by the director. The policy shall name the person contracting with the department and the department as joint policyholders. A certificate of insurance, if purchased, covering each policy shall be attached to or become a part of the agreements. If the department elects not to purchase insurance, with respect to liability arising out of performance of the agreement, the department shall, in the agreement, either (A) indemnify and hold harmless the person contracting with the department, (B) provide a maximum dollar amount of liability for the department, or (C) provide for the proportionate share of liability between the department and the person contracting with the department.

(2) If the department chooses to use option (B) or (C) as allowed pursuant to paragraph (1), the department shall determine the maximum amount of liability or proportionate share of liability for each prescribed burn conducted pursuant to this article using factors including, but not limited to, department involvement with the planning and conducting the prescribed burn, fire hazard severity, assets at risk from a wildfire without the prescribed burn being conducted, wildlife habitat, and watershed values. When using a proportionate share of liability as allowed in (C) pursuant to paragraph (1), the maximum percentage of liability for the person contracting with the department shall be 75 percent. This section does not preclude the department from purchasing an insurance policy to cover the maximum amount of state liability or state proportionate share of liability in the contract.

(f) Provide that the department shall be fully responsible for prescribed burns initiated at the department’s request, with the consent of the landowner, for training or other purposes on lands owned by a nonprofit organization or other public agencies.

history: (History: Amended by Stats. 2018, Ch. 624, Sec. 12. (SB 1260) Effective January 1, 2019.)

article: 2. Department of Forestry Burning Agreements


citation: PRC § 4477

text:
(a) The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers.

(b) In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications.

(c) On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following:

(1) Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal.

(2) Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposal’s eligibility for those funding sources.

(3) Identify potential locations for a prescribed fire training center.

(4) Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center.

(5) Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center.

(d) On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification.

(e) Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence.

history: (History: Amended by Stats. 2021, Ch. 375, Sec. 11. (AB 642) Effective January 1, 2022.)


citation: PRC § 4479

text:
(a) Liability for any costs incurred by the department in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted pursuant to an agreement entered into pursuant to this article shall be governed by subdivision (c) of Section 13009 of the Health and Safety Code.

(b) This section shall not apply when the department is applying for federal assistance.

history: (History: Amended by Stats. 2018, Ch. 624, Sec. 16. (SB 1260) Effective January 1, 2019.)


citation: PRC § 4480

text: In any area of the state where there are substantially more requests for prescribed burning operations or other hazardous fuel reduction pursuant to this article than can be conducted directly by the department in a single fiscal year, the director may enter into an agreement with private consultants or contractors or with other public agencies for furnishing all or a part of the state’s share of the responsibility for planning the operation, preparing the site, and conducting the prescribed burning or other hazardous fuel reduction. The private consultant or contractor or other public agency, and the work assignments of its employees, shall be supervised by the burn boss when conducting prescribed burning operations, or designated officer as determined by the department when conducting other hazardous fuel reduction, as provided in subdivision (c) of Section 4476.

history: (History: Amended by Stats. 2018, Ch. 624, Sec. 17. (SB 1260) Effective January 1, 2019.)


citation: PRC § 4483

text:
(a) To the extent feasible, the board’s Vegetation Treatment Program Programmatic Environmental Impact Report shall serve, in addition to any identified entities in the report, as the programmatic environmental document for prescribed fires initiated by a third party for a public purpose pursuant to Section 4491. This subdivision does not apply to a prescribed fire activity that is exempt from the requirements of Division 13 (commencing with Section 21000).

(b) (1) It is the intent of the Legislature that additional consideration be provided for chaparral and coastal sage scrub plant communities that are being increasingly threatened by fire frequency in excess of their natural fire return patterns due to climate change and human-caused fires.

(2) Prescribed burning, mastication, herbicide application, mechanical thinning, or other vegetative treatments of chaparral or sage scrub shall occur only if the department finds that the activity will not cause “type conversion” away from the chaparral and coastal sage scrub currently on site.

(3) This subdivision shall be in addition to the requirements in the Vegetation Treatment Program Programmatic Environmental Impact Report.

(c) The department may order remediation for any type conversion caused in violation of paragraph (2) of subdivision (b).

history: (History: Amended by Stats. 2021, Ch. 375, Sec. 12. (AB 642) Effective January 1, 2022.)


citation: PRC § 4491

text:
(a) Cooperation by the department, as provided in this article, with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, enhancement of culturally important resources, and maintenance of air quality, or any combination thereof, is declared to be for a public purpose.

(b) This article shall be administered by the director or, if responsibility therefor is delegated by the director, by the chief of a county fire department in a county contracting with the department pursuant to Section 4129.

(c) In furtherance of this article, the department shall provide advisory service to applicants for permits as to precautions to be taken by the applicant to prevent damage to the property of others by reason of the prescribed burning, and shall provide standby fire protection, to the extent the personnel, fire crews, and firefighting equipment are available.

history: (History: Amended by Stats. 2017, Ch. 93, Sec. 2. (AB 1712) Effective January 1, 2018.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 7. Burning of Lands > 3. Private Burning of Lands Under Permit


citation: PRC § 4492

text: A person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area may apply to the department for permission to utilize prescribed burning for those public purposes set forth in subdivision (a) of Section 4491. The application shall be on a form prescribed by the department and shall contain a description of the lands and other pertinent information that the department may require.

history: (History: Amended by Stats. 2017, Ch. 93, Sec. 3. (AB 1712) Effective January 1, 2018.)

article: 3. Private Burning of Lands Under Permit


citation: PRC § 4493

text:
(a) Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.

(b) In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.

(c) The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.

history: (History: Amended by Stats. 2021, Ch. 375, Sec. 13. (AB 642) Effective January 1, 2022.)


citation: PRC § 4494

text:
(a) Upon the conclusion of the examination provided for in Section 4493, the department may issue to the applicant a burning permit that shall specify the site preparation requirements and required precautions to be exercised before and during the burning. The issuance of a permit by the department does not relieve the permitholder from the duty of exercising due diligence to avoid damage to property of others in conducting the burning of vegetation as authorized by the permit.

(b) Compliance with a permit issued pursuant to this article shall constitute prima facie evidence of due diligence.

(c) The department shall develop and deploy an automated system for burn permits issued pursuant to this article.

history: (History: Amended by Stats. 2021, Ch. 375, Sec. 14. (AB 642) Effective January 1, 2022.)


citation: PRC § 4495

text: In coordination with local air pollution control and air quality management districts, the department and the State Air Resources Board shall develop and fund a program, upon appropriation by the Legislature, to enhance air quality and smoke monitoring, and to provide a public awareness campaign regarding prescribed burns. The program may include, but not be limited to, purchasing new, rapidly deployable air quality monitors. The program shall include adequate funding, upon appropriation by the Legislature, for local air pollution control and air quality management district participation and implementation costs.

history: (History: Added by Stats. 2018, Ch. 624, Sec. 20. (SB 1260) Effective January 1, 2019.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 7. Burning of Lands > 4. Air Quality and Prescribed Burns Program


citation: PRC § 4497

text:
The director may enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization to conduct joint prescribed burning operations that serve the public interest and are beneficial to the state. The agreement shall establish guidelines for the cooperative management of joint prescribed burning operations and shall require the completion of a project agreement for each prescribed burn, which shall include all of the following:

(a) A list of all participants.

(b) A joint prescribed burn plan.

(c) A display of the project costs to be assumed by each participant.

(d) A summary of the benefits to be received by each participant.

history: (History: Added by Stats. 2018, Ch. 638, Sec. 2. (AB 2551) Effective January 1, 2019.)

article: 4.3. Burning with Cooperators

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 7. Burning of Lands > 4.3. Burning with Cooperators


text:
To be considered for the public interest and beneficial to the state, each prescribed burn, pursuant to Section 4497, shall be for any of the following purposes or any combination of the following purposes:

(a) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.

(b) Watershed management.

(c) Range improvement.

(d) Vegetation management.

(e) Forest improvement.

(f) Wildlife habitat improvement.

(g) Air quality maintenance.

article: 4.3. Burning with Cooperators


citation: PRC § 4500

text:
(a) For purposes of this section, the following terms have the following meanings:

(1) “Burn boss” means either of the following:

(A) A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.

(B) A person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.”

(2) “Cultural burn” has the same meaning as set forth in Section 3333.8 of the Civil Code.

(3) “Cultural fire practitioner” has the same meaning as set forth in Section 3333.8 of the Civil Code.

(4) “Fund” means the Prescribed Fire Claims Fund established pursuant to subdivision (c).

(5) “Program” means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b).

(b) The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning.

(c) (1) (A) The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e).

(B) Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund.

(C) Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section.

(2) (A) Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund.

(B) This paragraph does not authorize any transfer that would interfere with the department’s ability to carry out the purposes of this section.

(d) (1) The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioner’s authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

(2) A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund.

(3) (A) Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 2022–2023 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies.

(B) In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval.

(e) The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements:

(1) An eligible claim shall relate to either of the following:

(A) A prescribed fire conducted or supervised by a burn boss.

(B) A cultural burn conducted or supervised by a cultural fire practitioner.

(2) A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met:

(A) The department reviewed and approved a burn plan before the prescribed fire or cultural burning.

(B) A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained.

(C) The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn.

(3) The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, “losses arising from any one prescribed fire or cultural burn event” means all activities conducted pursuant to any one burn plan and, if required, burn permit.

(f) The department shall post the guidelines established pursuant to subdivision (e) on its internet website.

(g) Notwithstanding any other law, the state’s liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund.

(h) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund.

(i) A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture.

history: (History: Repealed and added by Stats. 2022, Ch. 606, Sec. 4. (SB 926) Effective September 27, 2022. Repealed as of January 1, 2028, pursuant to Section 4503.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 7. Burning of Lands > 4.4. Prescribed Fire Liability Pilot Program


citation: PRC § 4503

text: This article shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date.

history: (History: Added by Stats. 2022, Ch. 606, Sec. 5. (SB 926) Effective September 27, 2022. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.4, commencing with Section 4500.)

article: 4.4. Prescribed Fire Liability Pilot Program


citation: PRC § 4505

text:
(a) (1) The Legislature acknowledges that federally recognized California Native American tribes have inherent sovereignty and authority to regulate their members and cultural practices, including, but not limited to, cultural fire practitioners and cultural burning.

(2) The Legislature finds and declares that in order to meet fuel management and wildfire resilience goals of the state and to address the historical wrongs of criminalizing cultural use of fire, the state must work collaboratively with federally recognized California Native American tribes that engage in cultural burning within their ancestral territories.

(b) (1) The Secretary of the Natural Resources Agency, in consultation with its departments, commissions, boards, conservancies, and other entities, may enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories. In deference to tribal sovereignty, the secretary may agree in a written agreement regarding cultural burning that compliance with either of the following is not required:

(A) The state permitting or regulatory requirements in Article 3 (commencing with Section 4491).

(B) The burn plan requirements in subdivision (e) of Section 4500.

(2) The Secretary of the Natural Resources Agency shall consult with federally recognized California Native American tribes on the implementation of paragraph (1).

(3) (A) Local air districts may enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories.

(B) A local air district may agree in a written agreement regarding cultural burning that compliance with its permitting, regulatory, or administrative requirements is not required.

(C) In the event of a disagreement between a local air district and a tribe in developing or implementing an agreement, the Secretary for Environmental Protection shall assist in resolving the disagreement.

(4) The Secretary of the Natural Resources Agency or the local air district shall provide a copy of a final written agreement developed under this subdivision to the Deputy Secretary for Tribal Affairs at the Natural Resources Agency. In addition, a local air district shall provide a copy of a final written agreement developed under this subdivision to the State Air Resources Board.

(c) Nothing in this section provides authorization to enter or burn property without the permission of the landowner.

(d) Any state or local agency operating within a federally recognized California Native American tribe’s ancestral territory, including a local air district and a regional water quality control board, is highly encouraged to collaboratively work together with federally recognized California Native American tribes to create conditions that support cultural burning.

(e) A cultural burn conducted with an agreement developed under this section shall meet the permit requirements of Section 3333.8 of the Civil Code.

(f) This section does not grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence.

(g) An agreement reached under this section shall include a clear description of the area covered by the agreement and an attestation that the area is within the boundaries of the tribe’s ancestral territory.

(h) This article shall remain in effect only until January 1, 2030, and as of that date is repealed.

history: (History: Added by Stats. 2024, Ch. 666, Sec. 4. (SB 310) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Article 4.5, commencing with Section 4505.)

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 7. Burning of Lands > 4.5. Tribal Sovereignty with Respect to Cultural Burning


citation: PRC § 4511

text: This chapter shall be known as the Z'berg-Nejedly Forest Practice Act of 1973.

history: (History: Added by Stats. 1973, Ch. 880.)

article: 1. General Provisions

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 8. Z'berg-Nejedly Forest Practice Act of 1973 > 1. General Provisions


citation: PRC § 4512

text:
(a) The Legislature hereby finds and declares that the forest resources and timberlands of the state are among the most valuable of the natural resources of the state and that there is great concern throughout the state relating to their utilization, restoration, and protection.

(b) The Legislature further finds and declares that the forest resources and timberlands of the state furnish high-quality timber, recreational opportunities, and aesthetic enjoyment while providing watershed protection and maintaining fisheries and wildlife.

(c) The Legislature thus declares that it is the policy of this state to encourage prudent and responsible forest resource management calculated to serve the public’s need for timber and other forest products, while giving consideration to the public’s need for watershed protection, fisheries and wildlife, sequestration of carbon dioxide, and recreational opportunities alike in this and future generations.

(d) It is not the intent of the Legislature by the enactment of this chapter to take private property for public use without payment of just compensation in violation of the California and United States Constitutions.

history: (History: Amended by Stats. 2010, Ch. 534, Sec. 1. (AB 1504) Effective January 1, 2011.)

chapter: 8. Z'berg-Nejedly Forest Practice Act of 1973

article: 1. General Provisions


text:
The Legislature finds and declares all of the following:

(a) State forests play a critical and unique role in the state’s carbon balance by sequestering carbon dioxide from the atmosphere and storing it long term as carbon.

(b) According to the scoping plan adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), the state’s forests currently are an annual net sequester of five million metric tons of carbon dioxide (5MMTCO2). In fact, the forest sector is the only sector included in the scoping plan that provides a net sequestration of greenhouse gas emissions.

(c) The scoping plan proposes to maintain the current 5MMTCO2 annual sequestration rate through 2020 by implementing “sustainable management practices,” which include potential changes to existing forest practices and land use regulations.

(d) There is increasing evidence that climate change has and will continue to stress forest ecosystems, which underscores the importance of proactively managing forests so that they can adapt to these stressors and remain a net sequester of carbon dioxide.

(e) The board, the department, and the State Air Resources Board should strive to go beyond the status quo sequestration rate and ensure that their policies and regulations reflect the unique role forests play in combating climate change.

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 256. (AB 1023) Effective January 1, 2012.)

article: 1. General Provisions


citation: PRC § 4513

text:
It is the intent of the Legislature to create and maintain an effective and comprehensive system of regulation and use of all timberlands so as to ensure both of the following:

(a) Where feasible, the productivity of timberlands is restored, enhanced, and maintained.

(b) The goal of maximum sustained production of high-quality timber products is achieved while giving consideration to values relating to sequestration of carbon dioxide, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment, and aesthetic enjoyment.

history: (History: Amended by Stats. 2010, Ch. 534, Sec. 3. (AB 1504) Effective January 1, 2011.)

article: 1. General Provisions


citation: PRC § 4514

text:
This chapter or a ruling, requirement, or policy of the board is not a limitation on the following:

(a) On the power of a city or county or city and county to declare, prohibit, and abate nuisances.

(b) On the power of the Attorney General, at the request of the board, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin pollution or nuisance.

(c) On the power of a state agency in the enforcement or administration of the law that it is specifically authorized or required to enforce or administer.

(d) On the right of a person to maintain at any time an appropriate action for relief against a private nuisance as defined in Part 3 (commencing with Section 3479) of Division 4 of the Civil Code or for any other private relief.

history: (History: Amended by Stats. 2011, Ch. 584, Sec. 1. (AB 1414) Effective January 1, 2012.)

article: 1. General Provisions


text:
(a) Timber operations conducted pursuant to this chapter are exempt from the waste discharge requirements of Article 4 (commencing with Section 13260) of Chapter 4 of Division 7 of the Water Code as long as both the federal Environmental Protection Agency and the State Water Resources Control Board certify after January 1, 2003, that the provisions of this chapter constitute best management practices for silviculture pursuant to Section 208 of the Federal Water Pollution Control Act.

(b) The exemption contained in subdivision (a) does not apply when any of the following occurs:

(1) The board requests issuance of waste discharge requirements.

(2) There has been a finding by the State Water Resources Control Board that the board has failed to maintain a water quality regulatory process consistent with the certification required under subdivision (a).

(3) After monitoring the water quality impacts from timber operations conducted in compliance with this chapter, there has been a finding by the State Water Resources Control Board that compliance with best management practices would result in less water quality protection than required in water quality control plans approved pursuant to Section 13245 of the Water Code.

history: (History: Amended by Stats. 2003, Ch. 900, Sec. 1. Effective January 1, 2004.)

article: 1. General Provisions


text: A person may commence an action on his or her own behalf against the board or the department for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the board or the department to carry out a duty imposed upon them pursuant to this chapter.

history: (History: Amended by Stats. 2012, Ch. 162, Sec. 144. (SB 1171) Effective January 1, 2013.)

article: 1. General Provisions


citation: PRC § 4516

text:
Notwithstanding any provision of this chapter, the California Tahoe Regional Planning Agency shall have the right, within the reasonable exercise of its powers, to adopt rules and regulations by ordinance or resolution which are stricter than those provided under this chapter and regulations adopted pursuant to this chapter. The agency’s rules and regulations may include, but are not limited to, matters relating to soil erosion control, protection of stream character and water quality, flood control, stand density control, reforestation methods, mass soil movements, submission of timber harvesting plans, location and grade of roads and skid trails, excavation and fill requirements, slash and debris disposal, haul routes and schedules, hours and dates of logging, and performance bond requirements.

Whenever state funds are not expended for the support of the California Tahoe Regional Planning Agency, as provided in Section 67131 of the Government Code, the Tahoe Regional Planning Agency shall have the right to adopt rules and regulations pursuant to this section.

history: (History: Amended by Stats. 1982, Ch. 1561, Sec. 2.)

article: 1. General Provisions


text:
(a) Individual counties may recommend that the board adopt additional rules and regulations for the content of timber harvesting plans and the conduct of timber operations to take account of local needs. For purposes of this section, “timber operations” includes, but is not limited to, soil erosion control, protection of stream character and water quality, water distribution systems, flood control, stand density control, reforestation methods, mass soil movements, location and grade of roads and skid trails, excavation and fill requirements, slash and debris disposal, haul routes and schedules, hours and dates of logging, and performance bond or other reasonable surety requirements for onsite timber operations and for protection of publicly and privately owned roads that are part of the haul route. Where a bond or other surety has been required, the director shall not issue a work completion report without first ascertaining whether the county in which the timber operations were conducted has knowledge of any claims intended to be made on the bond or surety.

(b) The board shall, in conformance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and within 180 days after receiving recommended rules and regulations from a county, adopt rules and regulations for the content of timber harvesting plans and the conduct of timber operations consistent with the recommended rules and regulations, subject to Section 4551.5, if the board finds the recommended rules and regulations are both of the following:

(1) Consistent with the intent and purposes of this chapter.

(2) Necessary to protect needs and conditions of the county recommending them.

(c) The rules and regulations, if adopted by the board, shall apply only to the conduct of timber operations within the recommending county and shall be enforced and implemented by the department in the same manner as other rules and regulations adopted by the board.

(d) Except as provided in subdivision (e), individual counties shall not otherwise regulate the conduct of timber operations, as defined by this chapter, or require the issuance of any permit or license for those operations.

(e) The board may delegate to individual counties its authority to require performance bonds or other surety for the protection of roads, in which case, the procedures and forms shall be the same as those used in similar circumstances in the county. The board may establish reasonable limits on the amount of performance bonds or other surety which may be required for any timber operation and criteria for the requirement, payment, and release of those bonds or other surety. If the county fails to inform the director of the claims within 30 days after the completion report has been filed, the bond or surety shall be released.

(f) This section does not apply to timber operations on any land area of less than three acres and which is not zoned timberland production.

history: (History: Amended by Stats. 1984, Ch. 1446, Sec. 1.)

article: 1. General Provisions


text:
(a) To provide for adequate public review and comment, notwithstanding Section 4582.7, the director shall not approve a timber harvesting plan in any county for which rules and regulations have been adopted pursuant to Section 4516.5 or 4516.8 until 35 days from the date of filing of the plan, and timber operations shall not commence until five days from the date of approval of the plan. The board may provide, by regulation, for those periods to be waived or shortened by the department upon a determination, pursuant to criteria and procedures established by the board, that the proposed timber operations will cause no significant environmental damage or threat to public health and safety or to the environment, or that the timber operations are necessary to reduce that threat. If the chairperson of the board of supervisors of the county in which the proposed timber operations are located notifies the director and the plan submitter that the county intends to appeal the approval of the plan and that the county meets the requirements for filing an appeal, no timber operations shall occur until the final determination of the appeal. If the board of supervisors determines not to appeal the approval of the plan, it shall immediately notify the director and the plan submitter in writing of that determination, and timber operations pursuant to the plan may commence immediately.

(b) (1) The board of supervisors of the county for which rules and regulations have been adopted pursuant to Section 4516.5 or 4516.8 may, not later than 10 days after approval of the plan by the director, appeal that approval to the board, if the county has both participated in the initial inspection of the plan area with the director and participated in a multidisciplinary review of the plan.

(2) The board may establish procedures for filing the appeal and may specify findings that the board of supervisors is required to make in filing the appeal to demonstrate that a substantial issue is raised with respect to public health and safety or the environment.

(c) The board shall grant to a county that meets the requirements for filing an appeal an initial hearing to consider the county’s request for an appeal at the next regularly scheduled board meeting following the receipt of the request.

(d) The board shall grant a public hearing on the appeal if it determines at an initial hearing pursuant to subdivision (c) that the appeal raises substantial issues with respect to public health and safety or the environment.

(e) (1) The board shall hold a public hearing on the appeal granted pursuant to subdivision (d) within 30 days from the date of granting the hearing or at the next regularly scheduled board meeting, whichever occurs first, or within a longer period of time that is mutually agreed upon by the board, the county, and the plan submitter. Upon conclusion of the hearing, the board shall approve or deny the plan. The basis of the board’s decision shall be conformance with this section and the rules and regulations of the board, including any rules or regulations enacted with respect to the county pursuant to Section 4516.5 or 4516.8, and this chapter. In denying a plan, the board may make findings that set forth conditions under which it believes that the plan would have been approved.

(2) The board may delegate conduct of the hearing and the decision to a committee of three members to be appointed for that hearing by the chairperson of the board. The committee shall consist of at least two general public members of the board. The chairperson of the board or the chairperson’s designee shall conduct the hearing. The decision of the committee shall have the full force and effect of a decision of the full board.

(f) This section does not apply to timber operations on any land area of less than three acres and that is not zoned for timberland production.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 563. Effective January 1, 2007.)

article: 1. General Provisions


text: In addition to the authority provided in Section 4516.5, the Counties of Marin, Monterey, San Mateo, Santa Clara, and Santa Cruz may recommend that the board adopt additional rules and regulations for the content of timber harvesting plans and the conduct of timber operations which provide a requirement that each timber harvesting plan contain a description of all log hauling routes, a statement of whether an encroachment permit is required by any public agency, and a requirement that no timber harvesting plan be approved by the director without the condition that the timber operator secure all required encroachment permits prior to commencement of timber operations.

history: (History: Added by Stats. 1986, Ch. 1157, Sec. 2.)

article: 1. General Provisions


citation: PRC § 4517

text: If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

article: 1. General Provisions


citation: PRC § 4521

text: Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.

history: (History: Repealed and added by Stats. 1973, Ch. 880.)

article: 2. Definitions

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 8. Z'berg-Nejedly Forest Practice Act of 1973 > 2. Definitions


text: “Board” means the State Board of Forestry and Fire Protection.

history: (History: Amended by Stats. 1998, Ch. 972, Sec. 18. Effective January 1, 1999.)

article: 2. Definitions


citation: PRC § 4523

text: “District” means a forest district.

article: 2. Definitions


citation: PRC § 4524

text: “License” means a license to engage in timber operations, issued pursuant to Article 6 (commencing with Section 4571) of this chapter.

history: (History: Amended by Stats. 1975, Ch. 372.)

article: 2. Definitions


citation: PRC § 4525

text: “Person” includes any private individual, organization, partnership, corporation, limited liability company, city, county, district, or the state or any department or agency thereof.

history: (History: Amended by Stats. 1994, Ch. 1010, Sec. 209. Effective January 1, 1995.)

article: 2. Definitions


text: “Resource conservation standards” means the minimum acceptable condition resulting from timber operations.

article: 2. Definitions


text: “Rules” means the district forest practice rules adopted by the board.

article: 2. Definitions


text: “Slash” means branches or limbs less than four inches in diameter, and bark and split products debris left on the ground as a result of timber operations.

article: 2. Definitions


citation: PRC § 4526

text: “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.

history: (History: Amended by Stats. 2011, Ch. 584, Sec. 5. (AB 1414) Effective January 1, 2012.)

article: 2. Definitions


text: “Timber operator” means a person who is engaged in timber operations or who contracts with others to conduct the operations on his or her behalf, except a person who is engaged in timber operations as an employee with wages as his or her sole compensation.

history: (History: Amended by Stats. 2011, Ch. 584, Sec. 6. (AB 1414) Effective January 1, 2012.)

article: 2. Definitions


citation: PRC § 4527

text:
(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, unless the work is being conducted by, or in partnership with, a public agency or a nonprofit organization that has received a grant from the department for vegetation management or fuel reduction, in which case the logs or lumber may be sold.

(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 former paragraph (9) of subdivision (j) of Section 4584, as that section read on December 31, 2018.

history: (History: Amended by Stats. 2018, Ch. 626, Sec. 11. (SB 901) Effective January 1, 2019.)

article: 2. Definitions


text: “Timber owner” means a person who owns commercial timber, timberland, or timber rights, including Christmas tree rights, on lands of another except a federal agency.

history: (History: Amended by Stats. 2011, Ch. 584, Sec. 8. (AB 1414) Effective January 1, 2012.)

article: 2. Definitions


citation: PRC § 4528

text:
As used in this chapter:

(a) “Basal area per acre” means the sum of the cross-sectional areas at breast height of the tree stems of commercial species per acre.

(b) “Countable tree” means a tree that can be used in calculating the degree of stocking under the following criteria:

(1) The tree must be in place at least two growing seasons.

(2) The tree must be live and healthy.

(3) The tree must have at least one-third of its length in live crown, except in pure stands of Douglas fir the tree must have at least one-fourth of its length in live crown.

(4) The tree must be a commercial species from a local seed source or a seed source which the registered professional forester determines will produce commercial trees physiologically suited for the area involved.

(c) “Stocking” means a measure of the degree to which space is occupied by well-distributed countable trees.

(d) “Site classification” means the classification of productive potential of timberland into one of five classes by board regulation, consistent with normally accepted forestry practices. Site I shall denote sites of highest productivity, site II and site III shall denote sites of intermediate productivity potential, and site IV and site V shall denote sites of lowest productivity potential.

(e) “Fuel break” means a strip of modified fuel to provide a line from which to work in the control of fire.

(f) “Stream” means a natural watercourse as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published.

history: (History: Amended by Stats. 1978, Ch. 1181.)

article: 2. Definitions


text: This chapter does not apply to a person who engages in activities regulated by this chapter, as an employee, with wages as his or her sole compensation.

history: (History: Amended by Stats. 2011, Ch. 584, Sec. 9. (AB 1414) Effective January 1, 2012.)

article: 2. Definitions


citation: PRC § 4529

text: The penalties and remedies which are prescribed in this chapter are concurrent and alternative to any other civil, criminal, or administrative rights, remedies, or penalties which are provided or allowed by law with respect to such violation.

article: 2. Definitions


text: Service of documents where required under this chapter may be made by registered or certified mail addressed to the respondent’s latest address registered on file with the department. Where other forms of service are prescribed, personal service is not precluded.

history: (History: Amended by Stats. 1976, Ch. 1300.)

article: 2. Definitions


citation: PRC § 4531

text: The board shall divide the state into not less than three districts. In establishing these districts, the board shall take into account differing physical characteristics, including, but not limited to, climate, soil type, and principal forest crops. Insofar as possible, the board shall group together lands that have substantially similar characteristics and that will best be served by substantially similar regulations. Boundaries of such districts may be altered from time to time as the board determines is necessary.

article: 3. Districts

path: 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS > 8. Z'berg-Nejedly Forest Practice Act of 1973 > 3. Districts