Elk Cty. Water Dist. v. Dep't of Forestry & Fire Prot.

The Z’berg-Nejedly Forest Practice Act of 1973 (the Act or Forest Practice Act; Pub. Resources Code, § 4511 et seq. as amended; undesignated section references are to that code) generally requires submission of a timber harvest plan (THP), for review by the California Department of Forestry and Fire Protection (department or CDF) and an opportunity for public review and input, before logging operations may be conducted. Since 1976, the THP process as implemented by regulations promulgated under the Act by the State Board of Forestry (board or BOF) has been certified as the functional equivalent of the environmental impact report (EIR) process which otherwise would be required by the California Environmental Quality Act (CEQA; § 21000 et seq.). (T.R.E.E.S. v. Department of Forestry & Fire Protection (1991) 233 Cal.App.3d 1175, 1180 [ 285 Cal.Rptr. 26 ].) CDF reviews THP’s to ensure compliance with the Act, its regulations (Cal. Code Regs., tit. 14, §§ 895-1663.9; hereafter cited as rule(s) or forest practice rule(s)) and unsupplanted provisions of CEQA. (Environmental Protection Information Center v. Department of Forestry & Fire Protection (1996) 43 Cal.App.4th 1011, 1014…