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DRAFT

BILL OF RIGHTS FOR TIMBER HARVEST PLAN SUBMITTERS

The California Board of Forestry endorses the following precepts that form the basis of a timber harvest plan submitter’s "Bill of Rights". This "Bill of Rights" is based on the "Bill of Rights for Environmental Permit Applicants" published by the California Environmental Protection Agency.

Timber harvest plan submitters have the right to assistance in understanding regulatory and permit requirements. The Board of Forestry will maintain an Ombudsman to work with timber harvest plan submitters at each location where the Director of the Department of Forestry and Fire Protection accepts timber harvest plans for filing and/or review.

* The term, "timber harvest plan", includes all forms prescribed by the Board of Forestry to be submitted to the Department of Forestry and Fire Protection for review, including but not limited to: timber harvest plans, modified timber harvest plans, non-industrial timber management plans, the exemption for Christmas tree, dead, dying or diseased, fuelwood or split products, the exemption for removal of fire hazard trees within 150 feet of a residence, the notice of emergency timber operations, the exemption for substantially damaged timberland unmerchantable as sawlog, the exemption for public agency, private and public utility right of way, timberland conversion permit, and, the exemption for less than 3 acre conversion.

Timber harvest plan submitters have the right of access to complete and clearly written guidance documents that explain the regulatory requirements. The Department of Forestry and Fire Protection must publish a list of all information required in a timber harvest plan , using the rules of the Board of Forestry, and of the criteria used to determine whether the submitted information is adequate.

Timber harvest plan submitters have the right of timely completeness determinations. Pursuant to Public Resources Code Section 4582.7 and Title 14, California Code of Regulations, Sections 1031 to 1052.3, the Director of the Department of Forestry and Fire Protection shall have 10 days to determine if a timber harvest plan is accurate, complete and in proper order.

Timber harvest plan submitters must know what "accurate, complete and in proper order" means.

Timber harvest plan submitters have the right to know exactly how their plans are deficient and what further information is needed to make their harvest plans complete. Pursuant to Public Resources Code Section 4582.75 and California Government Code Section 65994, after a timber harvest plan is accepted as complete, the Department of Forestry and Fire Protection and/or the agencies that participate in the review team process outlined in Title 14, California Code of Regulations, Sections 1037.1 to 1037.5, may not request any new or additional information that was not specified prior to filing of an accepted timber harvest plan.

Timber harvest plan submitters have the right of a timely decision on their timber harvest plan. The Director of the Department of Forestry and Fire Protection must uphold the time periods for review and a decision pursuant to Title 14, California Code of Regulations, Sections 1031 to 1052.3.

In the event that a timber harvest plan is returned to the submitter without a determination that it is accurate, complete and in proper order, the Director of the Department of Forestry and Fire Protection shall provide the Ombudsman and the submitter with the information needed to make the plan complete. The Ombudsman shall work with the submitter and/or the Department, if requested, to clarify the regulatory requirements. The Ombudsman shall provide the Board with reports about issues related to filing and processing of timber harvest plans.

Timber harvest plan submitters have the right to work with a single lead agency. Pursuant to the Z’Berg-Nejedley Forest Practice Act of 1973, Public Resources Code Sections 4511 to 4628, the certification of the timber harvesting program pursuant to Public Resources Code Section 21080.5, and the rules adopted by the Board of Forestry in Title 14, California Code of Regulations, Sections 895 to 1115.4, the lead agency is the Department of Forestry and Fire Protection.

Timber harvest plan submitters have the right to know who will be reviewing their timber harvest plan and the time required to complete the full review process.