Section 1094.17 - Director's Determination(a) The Department shall provide a minimum time period for public comment, starting from the date of the receipt of a WFMP, as follows: (1) Ninety (90) days for a WFMP for less than 5,000 acres.(2) One hundred ten (110) days for a WFMP between 5,000 and 10,000 acres.(b) Before a WFMP may be approved, all of the following requirements shall be met: (1) Within thirty (30) working days of the receipt of a WFMP, or within forty (40) working days of the receipt of a Plan to which a Road Management Plan pursuant to 14 CCR § 1093 is appended, the Department shall determine if the Plan is accurate, complete, and in proper order, and if so, the Plan shall be filed. An unfiled Plan shall be returned to the plan submitter(s) with an explanation that includes provisions for resubmitting the Plan.(2) The initial inspection shall be initiated within twenty (20) working days from the date of filing of the WFMP, and completed no more than thirty (30) working days from the date of filing.(3) Upon completion of the initial inspection, the Department shall have up to forty five (45) working days to conduct the final interagency review of the Plan.(4) The public comment period shall end twenty (20) working days after the completion of the final interagency review of the Plan or until the requirement in subsection (a) is met, whichever is greater.(5) After the final interagency review and public comment period has ended, the Department shall have up to thirty (30) working days to review the public input, to consider recommendations and mitigation measures of other agencies, to respond in writing to the issues raised, and to determine if the Plan is in conformance with the applicable Board Rules and other applicable provisions of law.(c) If after final interagency review the Director determines that the Plan is not in conformance with the Board Rules or the FPA, the Director shall deny and return the Plan, stating the reasons for the denial and advising the plan submitter of the person's right to a hearing before the Board pursuant to 14 CCR § 1054.(d) If the Director does not act within the time periods provided in 14 CCR § 1094.17(b), the Director and the timberland owner(s) submitting the WFMP shall negotiate and mutually agree upon a longer period for the Director to review the Plan. If a longer period cannot be mutually agreed upon, the WFMP shall be deemed denied and returned to the timberland owner(s) submitting the Plan.(e) The following provisions apply to the appeal of a denied WFMP: (1) A timberland owner(s) whose Plan is denied pursuant to 14 CCR §§ 1094.17(c) or 1094.17(d) may request, within thirty (30) working days from the receipt of the Plan, a public hearing before the Board. The Board shall schedule a public hearing to review the Plan to determine if the Plan is in conformance with the Board Rules and the FPA.(2) Board action shall take place within thirty (30) working days from the filing of the appeal, or a longer period mutually agreed upon by the Board and the person filing the appeal.(3) If the Director's decision to deny the Plan is overturned by the Board, the Board shall prepare findings and its rationale for overturning the decision, and return the Plan to the Department for approval by the Director.(4) If the Plan is not approved on appeal to the Board, the Director, within ten (10) working days of Board action, shall advise the plan submitter(s) regarding changes needed that would achieve compliance with the FPA and other applicable provisions of the law. The Plan submitter(s) shall have forty five (45) working days from the date of the notification letter, or longer if mutually agreeable to the Department and the plan submitter(s), to revise the Plan to bring it into full conformance with the Board Rules and the FPA. Upon receipt of the information requested of the plan submitter(s), the Department shall recirculate the Plan and reopen the public comment period for thirty (30) working days. Prior to determining whether to approve the proposed revised Plan, the Director shall have thirty (30) working days to review public input and consider recommendations and mitigation measures of other agencies, and to respond in writing to issues raised.Cal. Code Regs. Tit. 14, § 1094.17
1. New section filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
2. Amendment of subsection (a)(2) and repealer of subsection (a)(3) filed 2-15-2019 as an emergency; operative 2-15-2019 (Register 2019, No. 7). 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 4551, 4551.5, 4552 and 4553, Public Resources Code. Reference: Section 4597.6, Public Resources Code.
1. New section filed 6-2-2017; operative 1/1/2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
2. Amendment of subsection (a)(2) and repealer of subsection (a)(3) filed 2-15-2019 as an emergency; operative 2/15/2019 (Register 2019, No. 7). 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.