Modoc County Municipal Code § 18.10.010 Purpose

The purpose of the TP zone is to protect timber production as an integral part of the county's economy through the zoning of lands that meet the requirements of the California Timberland Productivity Act of 1982 ("the Act"), thereby limiting subdivision and the introduction of incompatible uses. The TP zone is equivalent to the timberland production zone referred to in the Act. The TP zone is consistent with the timber protection general plan designation, and may also be applied to other areas that meet the criteria under the Act and this zone, provided there are no conflicts with the general plan.

(Ord. 236-73 Exh. A(part), 1991)

The land within the TP zone shall be subject to all the conditions and regulations contained in the Timberland Production Act of 1992, this chapter, and the provisions set out in Chapters 18.100 through 18.110 of this title.

(Ord. 236-73 Exh. A(part), 1991)

A. Management of land and forests primarily for the commercial production and harvest of trees, including grading, watershed management, beekeeping, and other uses and structures directly incidental to, and wholly compatible with, the primary use, except as provided in this chapter;

B. Portable and temporary wood or timber processing facilities, when accessory to a logging operation;

C. Fish and wildlife enhancement projects (18.100.010); low intensity recreational uses;

D. Public uses and public utilities which do not interfere with the primary purpose of the TP zone, excluding sensitive uses;

E. Reserved;

F. Similar uses (18.100.010).

(Ord. No. 348, 7-20-2011; Ord. 236-73 Exh. A(part), 1991)

Uses permitted with an administrative permit subject to the provisions in Section 18.100.020 shall be as follows:

A. Assemblage of people.

B. Commercial energy exploration.

(Ord. No. 348, 7-20-2011; Ord. 236-73 Exh. A(part), 1991)

A. Assemblage of people (18.100.030);

B. Dwellings for persons employed on the premises and accessory uses, home occupation (18.100.030);

C. Commercial wood or timber processing facilities, or any other use related to the primary purpose of the TP zone;

D. Commercial energy facilities;

E. Commercial recreational facilities;

F. Mining (18.100.030);

G. Similar uses (18.100.030).

(Ord. 236-73 Exh. A(part), 1991)

Except as otherwise provided in Chapter 18.110.

A. Minimum lot or parcel size: Single or contiguous parcels containing a minimum of eighty acres or one quarter section in the ownership of one person as defined in Section 38106 of the Revenue and Taxation Code. For the purposes of this section "contiguous" means two or more parcels adjoining or sufficiently near to each other to be managed as a single forest unit.

B. Access, parking, height limits, signs, other: As provided in Chapter 18.110.

(Ord. 236-73 Exh. A(part), 1991)

The requirements of the California Timberland Productivity Act of 1982 shall be incorporated into any application to amend the zoning maps to or from TP. In addition to the application requirements in Chapter 18.136, every application for inclusion in the TP zone shall comply with all the following criteria:

A. A map shall be prepared, showing the legal description or the assessor's parcel number of the property desired to be zoned.

B. A plan for forest management of the property must be prepared or approved as to content by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan and approved by the board of supervisors.

C. The parcel(s) shall currently meet the timberstocking standards as set forth in Section 4561 of the Public Resources Code, and the forest practice rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the board of supervisors to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. Failure to meet such stocking standards and forest practice rules within this time period shall be grounds for rezoning pursuant to Section 51121 of the California Government Code.

D. The parcel(s) shall meet the lot regulations. The majority of land in the parcel(s) shall be of Site Quality IV or better as defined under Section 434 of the Revenue and Taxation Code. Site classifications shall be determined by a registered professional forester, who shall employ as nearly as possible the criteria set forth in Forest Research Note No. 28, California Forest and Range Experiment Station, December 1, 1942, entitled "A Site Classification for the Mixed-Conifer Selection Forests of the Sierra Nevada", by Duncan Dunning.

(Ord. 236-73 Exh. A(part), 1991)

This chapter shall comply with, or be preempted by, the provisions of California Government Code Sections 51100 et seq., and any applicable amendment or revision thereto.

(Ord. 236-73 Exh. A(part), 1991)