Westhaven Comm. Dev. Council v. Cty. of Humboldt

This appeal presents one principal issue: whether the Z’BergNejedly Forest Practice Act of 1973 (FPA) preempts a county ordinance creating a local permit requirement for timber operations. We conclude that the FPA preempts application of such an ordinance where the timber operations are to occur on a land area of three or more acres. We affirm the trial court.

I. Factual and Procedural Background

Westhaven is a community located in Humboldt County. Westhaven Community Development Council (WCDC) is a nonprofit corporation comprised of residents and owners of property located in the Westhaven area.

In 1994, Jon Cook owned 14 contiguous parcels of land approximately 4 acres in total size located in Westhaven (the Property). At that time, the Property was undeveloped and timbered with a healthy, older stand of mixed conifers varying in age from 50 to 120 years. The Property is zoned residential/single family.

Cook sought to harvest timber on the Property. Pursuant to the FPA, “[n]o person shall conduct timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted for such operations to the department pursuant to this…