Cal. Code Regs. tit. 14 § 936.5

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 936.5 - Procedure for Determining Watercourse and Lake Protection Zone (WLPZ) Widths and Protective Measures

The following procedure for determining Watercourse and Lake protection zone (WLPZ) widths and protective measures shall be followed:

(a) The following information shall be determined from field investigation:

(1) The location of all Lakes and Watercourses including Manmade Watercourses.

(2) The existing and restorable Beneficial Uses of the waters to be protected as identified in subsection (1) above.

(3) The side slope classes for the individual class waters to be protected (e.g. < 30%, 30-50%,), where side slope is measured from the watercourse or lake transition line to a point 100 feet upslope from the watercourse or lake transition line, or, in the absence of riparian vegetation, from the top of the watercourse bank. Where slope configurations are variable, a weighted average method shall be used to determine sideslope percent.

(b) The Beneficial Uses noted from the field investigations in subsection (a) shall be compared to the characteristics or key Beneficial Uses listed in Row 1 of Table I (14 CCR § 936.5) to determine the water classes (e.g. I, II, III, IV, Row 2).

(c) The standard protection zone width differentiated by slope classes determined in subsection (a) are shown in Rows 4-7, Table I (14 CCR § 936.5). These widths may be modified as stated in 14 CCR § 936.4(b)(5).

(d) The alphabetical letter designations A through I in Rows 4-7, Table 1, 14 CCR § 936.5, and described in subsection (e) to Table I indicate the standard protective measures to be applied to the classes of water as determined in subsection (b) above.

(e) The letter designations shown in the "Protective Measures and Widths" column in Table I correspond to the following:

"A" WLPZ shall be clearly identified on the ground by the RPF who prepared the Plan, or Supervised Designee, with paint, flagging, or other suitable means prior to the preharvest inspection. For nonindustrial timber management Plans, sample identification of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and be consistent with the applicable provisions of 14 CCR §§ 936.4 and 936.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample identification is adequate for Plan evaluation during the preharvest inspection. If sample identification is allowed, the remaining WLPZ shall be identified by an RPF or Supervised Designee prior to the start of Timber Operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.

"B" WLPZ shall be clearly identified on the ground by an RPF or Supervised Designee, with paint, flagging, or other suitable means, prior to the start of Timber Operations. In Watersheds with Listed Anadromous Salmonids, on the ground identification of the WLPZ shall be completed prior to the preharvest inspection. For all NTMPs and WFMPs, sample identification of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and be consistent with the applicable provisions of 14 CCR §§ 936.4 and 936.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample identification is adequate for Plan evaluation during the preharvest inspection. If sample identification is allowed, the remaining WLPZ shall be identified by an RPF or Supervised Designee prior to the start of Timber Operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.

"C" In site-specific cases, the RPF may provide in the Plan, or the Director may require, that the WLPZ be clearly identified on the ground with flagging or by other suitable means prior to the start of Timber Operations.

"D" To ensure retention of shade Canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR § 936.4(b), residual or harvest trees shall be marked, including a base mark below the cut-line within the WLPZ by the RPF, or Supervised Designee. Outside of Watersheds with Listed Anadromous Salmonids, sample Marking prior to the preharvest inspection is satisfactory in those cases where the Director determines it is adequate for Plan evaluation. When sample Marking has been used, the remaining WLPZ shall be marked in advance of falling operations by the RPF, or Supervised Designee. In watersheds with listed anadromous salmonids, trees shall be marked in advance of the preharvest inspection. For all NTMPs and WFMPs, sample Marking of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and shall be consistent with the applicable provisions of 14 CCR §§ 936.4 and 936.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample mark is adequate for Plan evaluation during the preharvest inspection. If sample Marking is allowed, the remaining WLPZ shall be marked by an RPF, or Supervised Designee, prior to the start of Timber Operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.

"E" To ensure retention of shade Canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR § 936.4(b), residual or harvest trees shall be marked, including a base mark below the cut line, within the WLPZ by the RPF or Supervised Designee. Outside of Watersheds with Listed Anadromous Salmonids, tree Marking shall be done prior to timber falling operations. In Watersheds with Listed Anadromous Salmonids, trees shall be marked in advance of the preharvest inspection. For all NTMPs and WFMPs, sample Marking of the WLPZ prior to the preharvest inspection may be allowed. The sample shall be based upon a field examination and shall be consistent with the applicable provisions of 14 CCR §§ 936.4 and 936.5, representing the range of conditions found within the WLPZ. The Director shall determine if the sample mark is adequate for Plan evaluation during the preharvest inspection. If sample Marking is allowed, the remaining WLPZ shall be marked by an RPF or Supervised Designee prior to the start of Timber Operations within or adjacent to the WLPZ. The RPF shall notify the Department when the WLPZ has been identified.

"F" Residual or harvest tree Marking within the WLPZ may be stipulated in the THP by the RPF or required by the Director in site-specific cases to ensure retention of filter strip properties or to maintain soil stability of the zone. The RPF shall state in the THP if Marking was used in these zones.

"G" To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the Overstory and 50% of the Understory Canopy covering the ground and adjacent waters shall be left in a well distributed multi-storied stand composed of a diversity of Species similar to that found before the start of operations. The residual Overstory Canopy shall be composed of at least 25% of the existing Overstory conifers. Species composition may be adjusted consistent with the above standard to meet on-site conditions when agreed to in the THP by the RPF and the Director.

"H" At least 50% of the Understory vegetation present before Timber Operations shall be left living and well distributed within the WLPZ to maintain soil stability. This percentage may be adjusted to meet on-site conditions when agreed to by the RPF and the Director. Unless required by the Director, this shall not be construed to prohibit Broadcast Burning with a Project type burning permit for Site Preparation.

"I" To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the total Canopy covering the ground shall be left in a well distributed multi-storied stand configuration composed of a diversity of Species similar to that found before the start of operations. The residual Overstory Canopy shall be composed of at least 25% of the existing Overstory conifers. Due to variability in Class II Watercourses these percentages and Species composition may be adjusted to meet on-site conditions when agreed to by the RPF and the Director in the THP.

TABLE I--14 CCR 936.5

PROCEDURES FOR DETERMINING

WATERCOURSE AND LAKE PROTECTION ZONE

WIDTHS AND PROTECTIVE MEASURES¹

Water Class Characteristics or key indicator Beneficial Use	1)	Domestic supplies on site and/or within 100 feet downstream of the operations area and/or	1)	Fish always or seasonally present offsite within 1,000 feet downstream and/or	No aquatic life present, watercourse showing evidence of being capable of sediment transport downstream to waters Class I or II waters under normal high water flow conditions after completion of timber operations.	Man-made water-courses, usually downstream established domestic, agricultural, hydro-electric supply, or other beneficial use.
	2)	Fish always or seasonally present onsite includes habitat to sustain fish migration and spawning	2)	Aquatic habitat for non-fish aquatic species.
			3)	Excludes Class III waters that are tributary to Class I waters.

WATER CLASS	CLASS I		CLASS II		CLASS III		CLASS IV
SLOPE CLASS (%)	WIDTH PROTECTION		WIDTH PROTECTION		WIDTH PROTECTION		WIDTH PROTECTION
	FEET	MEASURE	FEET	MEASURE	FEET	MEASURE	FEET	MEASURE
					See 936.4(c)		See 936.4(c)
<30	75	BDG	50	BEI	See CFH		See CFI
30-50	100	BDG	75	BEI	See CFH		See CFI
>50	1502	ADG	1003	BEI	See CFH		See CFI

1 See Section 916.5(e) for letter designations applicable to this table.

2 Subtract 50 feet width for cable yarding operations

3 Subtract 25 feet width for cable yarding operations

Cal. Code Regs. Tit. 14, § 936.5

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of section heading, section, and Table I filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of subsections (e) "B," "D" and "E" filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
5. Amendment of subsection (e) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Editorial correction of subsection (e) (Register 97, No. 48).
7. Editorial correction of table heading and table (Register 99, No. 26).
8. Amendment of subsection (e) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
9. Amendment of subsection (e) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
10. Amendment of subsection (e) and amendment of NOTE filed 6-2-2017; operative 1-1-2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
11. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).

Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4513, 4551.5, 4597 and 21001(f), Public Resources Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).

1. Repealer and new section filed 5-31-83; designated effective 7-1-83 (Register 83, No. 23).
2. Editorial correction of 5-31-83 order filed 6-16-83 redesignating effective date from 7-1-83 to 10-1-83 (Register 83, No. 27).
3. Amendment of section heading, section, and Table I filed 9-23-91; operative 10-23-91 (Register 92, No. 25).
4. Amendment of subsections (e) "B," "D" and "E" filed 11-19-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 47).
5. Amendment of subsection (e) filed 11-26-97; operative 1-1-98 pursuant to Public Resources Code section 4554.5 (Register 97, No. 48).
6. Editorial correction of subsection (e) (Register 97, No. 48).
7. Editorial correction of table heading and table (Register 99, No. 26).
8. Amendment of subsection (e) filed 11-16-2006; operative 1-1-2007 pursuant to Public Resources Code section 4554.5 (Register 2006, No. 46).
9. Amendment of subsection (e) filed 12-1-2009; operative 1-1-2010 (Register 2009, No. 49).
10. Amendment of subsection (e) and amendment of Note filed 6-2-2017; operative 1/1/2018 pursuant to Public Resources Code section 4554.5(a) (Register 2017, No. 22).
11. Change without regulatory effect amending section filed 12-20-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 51).