Section 42311.2 - Limitations on fees(a) Notwithstanding Section 42311, a district shall not adopt or impose fees that exceed actual district administrative costs for processing or enforcing permits applicable to any of the following: (1) Prescribed burning operations on state responsibility lands conducted under the terms of a permit issued by the Department of Forestry and Fire Protection pursuant to Article 3 (commencing with Section 4491) of Chapter 7 of Part 2 of Division 4 of the Public Resources Code when the purpose of the operation is prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.(2) Burning of vegetation or disposal of slash following timber operations required under regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4551.5 or 4562 of the Public Resources Code and for the purpose of reducing the incidence and spread of fires on timberlands.(3) Wildland vegetation management burns. (A) For purposes of this subdivision, "wildland vegetation management burn" means the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency to burn land predominantly covered with chaparral, trees, grass, or standing brush.(B) For purposes of this subdivision, "prescribed burning" is the planned application and confinement of fire to wildland fuels on lands selected in advance of that application to achieve any of the following objectives:(i) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.(ii) Watershed management.(iv) Vegetation management.(vi) Wildlife habitat improvement.(vii) Air quality maintenance.(C) The planned application of fire may include natural or accidental ignition.(b) Prior to adopting or revising fees for the activities described in paragraph (1), (2), or (3) of subdivision (a), a district shall hold a public hearing and shall consider the following:(1) The costs of the fees on private landowners and other persons who engage in activities specified in paragraph (1), (2), or (3) of subdivision (a).(2) Any revenues currently provided to the county for general government by public agencies that administer public lands.Ca. Health and Saf. Code § 42311.2
Amended by Stats 2004 ch 693 (SB 1856), s 2, eff. 1/1/2005.