California Public Resources Code 4598.6 – To be eligible for participation in an agreement or grant pursuant to …
To be eligible for participation in an agreement or grant pursuant to Section 4598.5, the following conditions shall be met:
(a) The application requirements established by the board are satisfied.
Terms Used In California Public Resources Code 4598.6
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- landowner: means either the person or persons owning the land or the person or persons owning the timber. See California Public Resources Code 4598.3
- PTEIR: means a program timberland environmental impact report prepared pursuant to this article and Article 6. See California Public Resources Code 4598.3
- Smaller nonindustrial landowner: means an owner of 5,000 acres or less of timberland within the state. See California Public Resources Code 4598.3
(b) The landowner is a smaller nonindustrial landowner, as defined in Section 4598.3. Where the timberland is owned jointly by more than one individual, group, association, or corporation, as joint tenants, tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purposes of this article, as one landowner.
(c) The parcel or parcels of timberland to which the PTEIR shall apply is either:
(1) Within a timber preserve zone established pursuant to Article 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code and not the subject of an application for rezoning or immediate rezoning pursuant to Section 51120 of, or Article 4 (commencing with Section 51130) of Chapter 6.7 of Part 1 of Division 1 of Title 5, of the Government Code.
(2) Subject to a contract signed by the landowner in which the landowner agrees not to develop the parcel of timberland for uses incompatible with the PTEIR within 20 years following the execution of an agreement or the making of a grant pursuant to Section 4598.5. The director shall record the contract in the office of the county recorder in the county in which the parcel of timberland is located and, upon recordation, the contract shall be binding upon any person to whom the parcel of timberland is sold, assigned, devised, or otherwise transferred by agreement or operation of law.
(Amended by Stats. 2015, Ch. 303, Sec. 425. (AB 731) Effective January 1, 2016.)