Marin County Municipal Code Ch. 23.04 Timber Harvesting Regulations

The provisions of this chapter are intended to regulate and control timber harvesting for the purposes enumerated in Chapter 23.02 of this title.

(Ord. 1802 § 3 (part), 1971)

As used herein the following words shall have the designated meanings:

(1) "Debris" means split product material, branches, limbs or stems over four inches in diameter left on the ground as a result of current timber harvesting;

(2) "Diameter" and "d.b.h." mean the average diameter of a tree, outside the bark, at a point four and one-half feet above the average ground level;

(3) "Forest product" means logs, poles, posts, pilings, split products and fuelwood;

(4) "Harvesting area" means those areas in which harvesting is conducted; The exterior boundaries of each area shall be determined by a line connecting the center of stumps of trees cut during the current operation along the outer edge of the cut timber. This definition includes all area where soil and/or vegetation has been disturbed or damaged by the timber operator to gain access to or protect a harvest area, such as road construction or reconstruction, construction of fire breaks, etc.;

(5) "Haul route" means any public roads within this county which are to be used to deliver forest products to a point of utilization or disposal;

(6) "Landing" means that area where forest products are placed on trucks;

(7) "Leave and stand area" means that area defined as a circle having a radius of one hundred fifteen feet as measured along the surface of the ground. The center of all circles shall be the point center of annual rings on any stump which results from the cutting of a tree in the current logging operation. Every cut tree may be considered as the center of a leave area. In cases where a circle includes properties not under the same ownership, or clearings for roads or landings, then that portion of the leave stand area within the normal operating area shall be used to compute the leave stand requirement. All trees or stumps which are touched above the ground level by the perimeter line shall be counted;

(8) "Limbing" means severing the limb from the stem of the tree;

(9) "Lopping" means severing, and spreading slash and debris generated on the ground by the current timber harvest within the harvesting area. To be considered as lopped, organic material must be in a horizontal position and in close proximity to the ground (not higher than thirty inches);

(10) "Minimum stocking" means a well distributed stand of live and healthy coniferous trees which meets a combined count of six hundred per acre as follows:

(a) Six hundred established coniferous trees per acre at least three years of age and not more than four inches d.b.h.; each tree to count as "one" towards meeting stocking requirements,

(b) Two hundred coniferous trees per acre over four inches d.b.h. and not more than twelve inches d.b.h.; each tree to count as "three" toward meeting stocking requirements,

(c) One hundred coniferous trees per acre over twelve inches d.b.h. free from logging damage caused by the current operation, each tree to count as "six" toward meeting stocking requirements. Redwood root crown sprouts over one foot height will be counted, using the average stump diameter one foot above average ground level of the original stump from which the redwood root crown sprouts originates, counting one sprout for each foot of stump diameter to a maximum of six per stump. Any countable redwood root crown sprout over one foot in height but less than four inches d.b.h. shall be counted as "one" toward meeting stocking requirements. At least fifty percent of the minimum stocking count per acre (fifty trees per acre) shall be composed of trees over twelve inches d.b.h. and maximum distance between trees over twelve inches d.b.h. shall not exceed fifty feet as measured along the starface of the ground. No area cut pursuant to this subdivision shall thereafter be cut under either subdivision (a) or (b) above unless seed tree or minimum stocking provisions of the subdivision under which the area is being recut arc met following completion of logging;

(11) "Natural watercourse" means one that will flow water during the wet season or following a rain;

(12) "Old growth tree" means a tree which is over two hundred years old;

(13) "Skidding" means the movement of a forest product by a mechanical vehicle from the point of severing to a landing;

(14) "Slash" means split product material, branches, limbs or stems, one to four inches in diameter or less, left as a result of current timber harvesting;

(15) STANDS:

(a) "Old growth stand" means a group of trees not less than ten acres in size in which prior cutting has not removed more than twenty percent of the old growth conifer trees,

(b) "Prior cut stands" means a group of trees not less than ten acres in size which has had prior cutting which removed over twenty percent of the old growth conifer trees,

(c) "Small stands" means a group of trees less than ten acres in size,

(d) "Hardwood stands" means a group of hardwood trees which are designated for timber harvest operations;

(16) "Stream" means a natural watercourse designated as a perennial or intermittent stream on the most recently published United States Geological Survey seven and five-tenths minute series topographic map, or a natural watercourse which, at the time of timber harvest within the drainage basin, is flowing water;

(17) "Stump diameter" means the average top diameter of the stump of a cut tree outside bark and shall be interpreted to be one inch greater than d.b.h.;

(18) "Thinning" means the removal of trees eighteen inches or less d.b.h., where removal will improve the growth of remaining trees or utilize trees that might otherwise die;

(19) "Timber" means trees of any species which are of sufficient size and quality to be capable of furnishing raw material used in the manufacture of forest products;

(20) "Timber harvesting" means the cutting of timber and/or removal of forest products for commercial purposes, together with all the work incidental thereto such as road building, tree marking, hazard reduction, etc.;

(21) "Timber owner" means any person, copartnership, corporation or association that owns timber;

(22) "Timberland" means land upon which is growing a crop of trees of any species which are of sufficient size and quality to be capable of furnishing raw material used in the manufacture of lumber and other forest products;

(23) "Timber operator" means any individual, copartnership, corporation or association that is engaged in timber harvesting, except a person who is engaged in timber harvesting as an employee whose sole compensation consists of wages;

(24) "Timberland owner" means any person, copartnership, corporation or association that owns limberland;

(25) "Tractor trail" means constructed trails or established paths used by tractors or other vehicles operated off truck roads. Skid trails used to deliver logs from the forest to a landing shall be equal in meaning to tractor trail;

(26) "Tree length" means the total height of any tree to be felled which is expressed in feet, converted to slope distance from the high water mark of a stream;

(27) "Truck roads" means roads other than public roads used by trucks going to and from landings to transport logs and other forest products. These roads are defined as follows:

(a) Road width does not exceed fifteen feet. Width of road is defined as the road surface measured from the toe of the cut to the outer edge. Intervisible turnouts, where necessary, may be constructed which would make roads over fifteen feet in width at the location of a turnout,

(b) Road shall not have a cut bank where the vertical height of the cut bank exceeds ten feet,

(c) Roads shall not be constructed on side hill slopes where the cross slope exceeds seventy percent,

(d) Road grade shall not exceed twenty percent;

(28) "Water break" means a ditch, dike, or dip or combination thereof, constructed across tractor roads, skid trails, firebreaks and truck roads so that water flow is effectively diverted therefrom so as to prevent erosion which would reduce the productivity of the land.

(Ord. 1802 § 3 (part), 1971)

No one shall engage in timber harvesting within the county without first securing a permit therefor from the county planning commission or board of supervisors when an appeal is taken in accordance with Section 23.04.140. Permits shall be effective for one year from the date of issuance.

(Ord. 1802 § 3 (part), 1971)

An application for the permit shall be filed jointly by the timberland owner, timber owner and timber operator. If the timber operator is unknown at the time of filing, he shall sign the application at least one week prior to the commencement of operations agreeing that he shall be bound by all provisions of this chapter and any conditions of the permit. Applications are to be filed in writing with the county planning department and shall contain the following information:

1. A management plan which contains the following information:

(a) Precise description of the operating area with an accurate topographic map of a scale of not less than eight inches to one mile, indicating:

(1) Parcel description of the ownership upon which timber harvesting is proposed to take place designated in black,

(2) Location of timber stands proposed for timber harvesting

[Figure]

Old growth stands in blue;

Prior cut stands in red;

Small stands in yellow;

Hardwood stands in green;

(3) Location of truck roads, both existing, marked (————————) and proposed, marked ( - - - - - - - - -),

(4) Location of drainage structures required on truck roads and tractor roads by number on the topographic map and by written description on an accompanying specification list. Such a list shall specify the type of structure proposed (i.e., bridge, culvert, log fill, etc.), size of structure (i.e., diameter and length of culvert, clearance of bridge, etc.), slope at which structure is to be placed, a statement as to the adequacy of the structure to carry anticipated peak winter flows, and a statement pertaining to when or if the structure is to be removed,

[Figure]

(5) Location of all buildings marked

[Figure]

log landings marked

[Figure]

major skid trails marked

and power and telephone lines in or within five hundred feet of the harvesting areas marked TTTT,

(6) Location of firebreaks, both existing marked .—.—. and proposed marked ...- -...- -,

(7) Location of all streams as defined in Section 23.04.020 are to be designated by a solid blue line;

2. An operating plan describing or giving the following information:

(a) Estimated total volume of timber by species and diameter class if available, and the basis of said estimate. If estimated by a timber inventory, then specify date of inventory, type of inventory, and percent sample. If ocular estimation, so state,

(b) Type of timber stand in terms of age and crown density,

(c) Volume to be harvested, by species,

(d) Method of tree selection for harvest and leave. If tree marking prior to cutting is to take place it shall be specified,

(e) Slash disposal and cleanup plans. If otherwise than specified in this chapter, so state,

(f) Erosion control measures. If otherwise than specified in this chapter, so state,

(g) Fire prevention plan,

(h) Name, address, and telephone number of logging operator and the on-the-premises supervisor. If not known at time of submission, this information is to be made a part of this record at least one week prior to the commencement of timber harvesting,

(i) The desired haul route,

(j) Copies of necessary permits from the California State Division of Forestry and the State Department of Fish and Game,

(k) Name and address of owner's forestry consultant,

(l) The dates within which the timber harvest operations are to take place. If the exact date of commencement is not known, then the applicants shall notify the planning department in writing at least one week prior to the commencement of timber harvesting;

3. A statement or the intent of the operation.

(a) Timber harvest for sustained timber production,

(b) Subdivision development,

(c) Recreation development,

(d) Grazing,

(e) Other;

4. In addition to filing 1, 2 and 3 above, the existing and proposed truck roads shall be suitably designated on the ground by flagging or other such means so that a county representative may examine the proposed area and easily determine the proposed location of roads. Locations of drainage structures shall be marked on the site. Specify in writing how roads and drainage structures are marked (i.e., centerline of all roads marked with red flagging, fifty feet between flags; culvert locations are designated by number written on lath in draws; beginning and end of roads are marked with three flags).

All items, 1, 2, 3 and 4 must be submitted or completed in a professional manner before an application for a permit will be accepted by the planning department. If, following office and field examination, the county representative determines that the information submitted or field work is not acceptable due to inaccuracy or poor workmanship, then the county representative shall return the application to the applicant and the application will be deemed not filed until and unless the deficiencies are corrected and the application is returned to the planning department.

(Ord. 1802 § 3 (part), 1971)

The planning commission may approve, conditionally approve, or reject an application for an exception to any provision of this chapter. The application for an exception must, in the opinion of the planning commission, accomplish greater silvicultural or protectional management of the land than is provided for by these rules.

Applications for an exception must be accompanied by a statement of specific section or sections of this chapter which are to be excepted from, as well as where, within the harvest area, the exception would occur; what the applicant wishes to substitute in place of the rule or regulation; and what the advantages would be if the exception were to be granted. If necessary, a map may accompany the application for an exception.

(Ord. 1802 § 3 (part), 1971)

Applications for a permit shall be accompanied by a nonrefundable application fee of one hundred dollars. In addition to the application fee, there shall be an inspection fee of fifty dollars for each hundred acres or fraction of one hundred acres of harvest area, payable upon granting of the permit by the planning commission. Applications for extension of approved permits shall be accompanied by a nonrefundable fee of twenty-five dollars.

(Ord. 1802 § 3 (part), 1971)

All permits shall be issued only after a public hearing before the Marin County planning commission. The commission shall approve, conditionally approve, or deny the application not later than the third regular meeting after the filing date of the application, unless a later date is agreed to by the applicant. Prior notice of said hearing shall be sent to property owners within two thousand five hundred feet of the perimeter of the parcel to be harvested.

The planning commission or, on appeal to it, the board of supervisors shall have the authority to provide for any reasonable special conditions to a permit that it may deem necessary to carry out the purposes of this chapter.

If the planning commission determines that the applicants have complied with and will adhere to requirements of this chapter and all applicable laws, a timber harvesting permit shall be issued after a public hearing.

(Ord. 1802 § 3 (part), 1971)

The duration of a timber harvesting permit shall be for a period of one year from the date of issuance. The planning director may grant an extension of any such permit for a period of up to one year.

(Ord. 1802 § 3 (part), 1971)

The planning commission may, upon giving notice to the permittee, revoke any permit, or revoke and reinstate any permit upon suitable conditions, if the operator fails, neglects or refuses to fulfill any of the requirements of this chapter or conditions of the permit or violates any provisions of applicable law. Due to the very nature of timber harvesting, minor violations or variations to rules and regulations will occur from time to time. Infrequent, minor violations and variations will be documented by the county staff and corrections shall be made by permittee. Should repeated violations, or a major violation occur, or a refusal to correct as directed, the staff shall bring the matter to the planning commission after notice has been given to permittee.

For a major violation, the planning director may directly request the county counsel to secure an injunction to stop all timber harvesting, should time be of the essence. The planning director shall immediately notify the planning commission and board of supervisors in writing of his action.

(Ord. 1802 § 3 (part), 1971)

The following standards and requirements are applicable to all timber harvesting operations in the county:

(1) All the provisions of the following acts, statutes, ordinances and rules and regulation adopted thereunder are incorporated herein by reference and shall apply to all timber harvesting operations in the county, unless stricter provisions are contained in this chapter:

(a) State Forest Practice Act,

(b) State Fish and Game Code,

(c) Regional water quality control board,

(d) All other applicable federal, state and local laws regulations;

(2) Sawmills, permanent or temporary, are prohibited in the permit area;

(3) Skidding or hauling of forest products shall not be conducted between November 1st and April 1st;

(4) Log hauling is not permitted on county or state roads on Saturdays, Sundays, or New Year's Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, unless the permit specifies to the contrary. Otherwise, time of log hauling shall be as specified in the permit. County roads used for hauling shall be protected by the timber operator from excessive damage, and they shall be returned to their original condition upon the completion of the logging;

(5) The county planning commission or, on appeal to it, the board of supervisors may require that permittee post a bond of sufficient amount to guarantee repair of county roads damaged by the permittee;

(6) The planning department shall, immediately upon the filing of an application for a timber harvesting permit, request, in writing, from the superintendent of schools of all school districts through which a haul route may be requested, all of the routes and hours of school busing and the dates when busing will occur on the haul routes and of any roadways the superintendent considers to be hazardous to student transportation if log hauling is conducted;

(7) The county planning commission may require special conditions to the permit, where any harvesting area is within the watershed of a surface water pickup or diversion facility which supplies water for domestic use. The "watershed," for the purposes of this section, means all streams and natural watercourses located one mile upstream from the facility and five hundred feet on either side of said streams or natural watercourses. All distances shall be measured along the surface of the ground;

(8) TRUCK ROADS. So long as the timber operator constructs truck roads as defined in Section 23.04.020 they are exempt from the Marin County excavation and grading ordinance. In all cases, except as may be necessary at entrance points to the property to be harvested, roads will maintain a setback from the property line of one hundred feet, measured along the surface of the ground. The one hundred feet will be measured from the upper edge of the cut bank or the toe of the fill, whichever point is closer to the property line. Truck roads will be laid out and constructed in such a manner that the general contours of the land are utilized, thus avoiding excessive cuts and fills. Outside berms shall be removed at the completion of timber harvest or before November 1st of the current year so that water may freely flow off road surface. Truck roads will be constructed with no overhanging banks, and any trees with more than twenty-five percent of the root surface exposed by reason of road construction will be removed prior to the completion of logging operations.

Roads shall be located so as to cause the minimal amount of erosion and stream contamination. Where possible all roads shall be located so that fill material will not be deposited closer than fifty feet from the high water mark of any stream or natural watercourse except where truck roads cross streams. Distance shall be measured along the surface of the ground.

Truck roads existing prior to the commencement of a timber harvest may be used regardless of location when their use will result in less ground disturbance or stream contamination than a road constructed in accordance with these rules;

(9) No track laying or wheeled equipment shall operate, deposit or disturb soil within fifty feet of the high water mark of any stream;

(10) No slash or debris shall be tallowed to accumulate in any stream. No streams shall be used as a truck road or tractor road;

(11) STREAM CROSSINGS. All road and skid road crossings of streams will be provided with temporary or permanent drainage structures which will adequately carry water under the road or skid road without the water being contaminated or polluted with soil or organic material.

Permanent drainage structures shall be installed concurrently with road and skid road construction. They shall be of adequate size to carry anticipated peak flows and shall be of corrugated metal pipe or of material approved by the director of the department of public works. They shall be of sufficient length so that both the upsteam and downstream ends are at least two feet exposed beyond the toe of the fill. Permanent bridges shall be of sufficient size and have sufficient clearance to allow free passage of peak flows beneath them. Sizing of structures must be approved by the director of public works prior to placement.

Temporary drainage structures are bridges and coverts not designed for peak flows or log fills. All temporary structures shall be installed concurrently with road and skid road construction and designed to carry any water beneath the road or trail without the water being contaminated or polluted by soil or organic material. Temporary drainage structures and fill material shall be removed on or before November 1st of each year;

(12) NATURAL WATERCOURSE CROSS-INGS. Unless permanent drainage structures are provided, all fill material deposited for truck road or tractor road crossings shall be removed from natural watercourses prior to November 1st of the current year;

(13) Tractor trails and skid trails shall be limited in number and width consistent with sound logging practices, and due diligence shall be exercised in skidding operations so as to prevent damage to leave trees, reproduction, unmerchantable trees, and other soil protective vegetation in order to avoid soil erosion or impair the productivity of the soil for adequate forest regeneration;

(14) Landings shall be kept to the minimum in size and number consistent with sound logging practices. Landings shall not be located where their construction causes disturbance or depositing of soil within fifty feet of any stream or natural watercourse. (Distance measured along the surface of the ground.);

(15) EROSION CONTROL. All truck roads, skid and tractor trails and firebreaks shall have water breaks constructed to divert water and prevent excessive soil erosion. On tractor roads, skid trails, firebreaks and truck roads which are not, by intent and declaration to be left passable by motorized traffic following completion or logging, water breaks shall be cut at least twelve inches into the firm road or trail surface and so constructed so as to discourage attempts to pass over or around them.

On roads designed and declared to be left passable by motorized traffic following logging, water breaks shall mean rolling dips constructed into the road surface at a minimum length of twenty feet along the traveled surface and gradually reaching a minimum cut depth into the firm road surface of twelve inches. Such dips shall be constructed at an angle of thirty degrees to forty-five degrees from the road direction in a manner to permit passage of two wheel drive vehicles during periods of dry road surfaces.

Water breaks shall be installed in areas of minimal fill material and shall be constructed so they will not be rendered ineffective by the crossing of motor vehicles. Such water breaks shall be placed as follows, based on slope, all distances measured along the surface of the ground:

(a) At intervals of not more than two hundred feet on grades of ten percent or less,

(b) At intervals of not more than one hundred fifty feet on grades of eleven percent to twenty-five percent,

(c) At intervals of not more than one hundred feet on grades of twenty-five percent to forty-nine percent,

(d) At intervals of not more than seventy-five feet on grades of fifty percent or more;

(16) All side cast material that exceeds two feet from the edge of the truck road on a horizontal distance to the toe of the side cast will be seeded with suitable grass, preferably annual rye, at a rate of not less than fifty pounds per acre along with fifty pounds of general purpose fertilizer sown with the seed. This seeding should be done prior to the beginning of the fall rains, and in no case later than November 1st;

(17) Lopping is required on the entire harvest area. Slash and debris created during the current logging season shall not be left unlopped after April 1st of the following year. Concentrations of slash and logging debris created by the current operation around log landings or located within the logging areas shall be crushed, chipped, spread, burned or otherwise disposed of during the logging operations and in no case later than April 1st of the year following. For the purpose of this section "concentration" means an accumulation of slash, limbs, tops, slabs or other logging debris that exceeds thirty inches in height above the ground and covers more than one hundred square feet of surface area, except that individual logs not associated with other logging debris which exceed these dimensions shall not be considered a concentration of slash or logging debris;

(18) No slash or debris greater than one inch in diameter shall be permitted within one hundred feet of any dwelling or public road;

(19) The amount of trees to be harvested from any old growth, prior cut, small or hardwood stand, shall be in accordance with the following standards:

(a) OLD GROWTH STANDS. Leave uncut and undamaged all trees measuring thirty inches or less d.b.h.; provided, however, no leave stand area shall contain less than two trees,

(b) PRIOR CUT STANDS. Leave uncut and undamaged a well distributed timber stand after cutting and after logging operations on each leave stand area, forty percent of those coniferous trees measuring twenty inches and above d.b.h. present prior to commencement of timber harvesting. No trees eighteen inches or less d.b.h. shall be cut. Leave trees shall be thrifty, vigorous, coniferous trees with well formed full crowns,

(c) SMALL STANDS. Leave uncut and undamaged a well distributed timber stand after cutting and after logging operations on each leave stand area, fifty percent of those coniferous trees measured twenty inches and above d.b.h. present prior to commencing of timber harvesting. No trees eighteen inches or less d.b.h. shall be cut. Leave trees shall be thrifty, vigorous, coniferous trees with well formed, full crowns,

(d) HARDWOOD STANDS. All coniferous trees not damaged beyond recovery by the timber harvest operation must remain uncut.

Timber harvesting of any timber stand shall be limited to only one operation in any ten-year period of time; provided that, following the ten-year period, minimum stocking has been obtained.

On those areas proposed for timber harvest which have been cut between January l, 1961 and the date of adoption of this chapter, the following will apply: Tree stumps which are the result of cutting trees during this period of time will be counted as cut trees during the current logging operation. The center point for determining a leave stand area shall remain at the center point of a tree cut in the current timber harvest. This paragraph will become null and void ten years after adoption of this chapter;

(20) Trees shall be felled to the fullest extent possible that topography, lean of tree, landings, utility lines, local obstructions and safety factors permit, in line with skidding direction, away from roads, and with minimum damage to leave trees and reproduction. Trees located within a tree length of a stream shall be felled so that the branches will not enter the stream;

(21) Information contained in the application which is in conflict with the provisions of this chapter, and for which no variance has been granted, shall not be a part of the permit.

(Ord. 1802 § 3 (part), 1971)

The timber owner, timberland owner and timber operator, jointly and individually, are responsible to insure that all erosion control measures are completed prior to November 1st of any operating year and are properly maintained for two consecutive years thereafter. Should the timber owner, timberland owner, and/or timber operator fail to provide the required erosion control measures, the county is authorized to perform the required work and to assess the property owner accordingly, and charge costs against operator's security deposit.

(Ord. 1802 § 3 (part), 1971)

The county shall make sufficient inspections of timber operations to determine and require compliance with the rules and plans herein provided for.

The filing for application for a logging permit shall constitute a grant of permission for county personnel to enter the subject harvest area from the date of application to the termination of the water break maintenance period. The county will be supplied with a key or combination to locks installed on access control devices or shall be permitted to install a county lock.

Upon notification by the timber owner that operations have been completed upon any area, the county staff shall make a final inspection.

(Ord. 1802 § 3 (part), 1971)

The timberland owner, timber owner or timber operator shall deposit, as a security for the performance of the rules herein specified and any special conditions of the permit seven thousand five hundred dollars per one hundred acres of harvest area. Said deposit may be in cash or performance bond. The performance bond shall be in favor of the county and shall encompass the period of one year after completion of the timber harvest. The permit is not valid and timber harvesting shall not occur until the cash or bond has been posted.

(Ord. 1802 § 3 (part), 1971)

The applicant, or any other person who is aggrieved by the action of the planning commission, may appeal the matter to the board of supervisors by filing a written protest with the clerk of the board of supervisors within ten calendar days from the date of the action of the planning commission. The board of supervisors shall determine an appeal no later than the second regular meeting following the date on which the appeal was filed in its office. The decision of the board of supervisors shall be final.

(Ord. 1802 § 3 (part), 1971)

Violations of this chapter shall be punished as provided for in Title 1 of the Marin County Code.

(Ord. 1802 § 3 (part), 1971)