Section 1038.9 - Agency ExemptionsThe following types of Timber Operations are exempt from the provisions of the Z'berg-Nejedly Forest Practice Act, (PRC division 4, part 2, chapter 8 - beginning at § 4511) but not exempt from the Professional Foresters Law, PRC § 750 et. seq.
(a) Timber Operations on land managed by the California Department of Parks and Recreation, provided the Timber Operations have undergone all CEQA evaluation required pursuant to PRC division 13, beginning at § 21000.(b) Timber Operations performed by, or authorized by, federal agencies on private lands where federal easements, either partial interest or in fee, have been acquired, provided such activities are analyzed and conducted pursuant to the National Environmental Policy Act (beginning at 42 U.S.C. 4321) and achieve the same level of protection as provided by the Rules of the Board in California Code of Regulations, Title 14, division 1.5 (beginning with § 895).Cal. Code Regs. Tit. 14, § 1038.9
1. Renumbering of former section 1038.3 to section 1038.9 filed 2-19-2019 as an emergency; operative 2-19-2019 (Register 2019, No. 8). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), this amendment is deemed an emergency and shall remain in effect until revised by the Board of Forestry and Fire Protection. Note: Authority cited: Sections 4584 and 4551, Public Resources Code. Reference: Sections 4527 and 4584, Public Resources Code.
1. Renumbering of former section 1038.3 to section 1038.9 filed 2-19-2019 as an emergency; operative 2/19/2019 (Register 2019, No. 8). Pursuant to Statutes 2018, chapter 626, section 46 (SB 901), this amendment is deemed an emergency and shall remain in effect until revised by the Board of Forestry and Fire Protection.