OUTCOME: Capacity

Problem

A challenging and complex set of regulations administered by different agencies and with inconsistent requirements hampers the ability to implement fire hazard reduction projects as well as long-term landscape-level ecosystem and watershed stewardship projects.

Solution

Smart & Efficient Permitting - Support regulatory efficiencies, streamlining, and rapid programmatic permitting to enhance the ability to implement identified high-priority landscape-level projects.

Background and Context

Regulations governing forest management, conservation, and restoration projects are complex and difficult for landowners and community groups to navigate, and they are a particular barrier to the implementation of large-scale, multi-parcel and cross-jurisdictional projects. Due to permitting costs and complexity, many project sponsors have avoided restoration and enhancement projects that require complex permits. Thus many beneficial projects with outstanding opportunities to improve ecosystem function are often reduced in scope or avoided completely to prevent anticipated permitting difficulties that can affect a project budget and timeline, or are not fully implemented in order to comply with exemptions that have more restrictive limitations on actions. Improvements to the current permitting approach would increase the pace, scope, and scale of beneficial projects being planned and implemented on private and public lands.

The Cutting Green Tape initiative of the CNRA seeks to improve interagency coordination, partnerships, processes, and policies to increase the pace and scale of conservation and restoration work. Many projects are eligible for an array of established exemptions and can be permitted and navigated through CEQA in a straightforward manner. Examples include reforestation, hand treatments, and pile burning. CEQA and permitting pathways are typically more complex for 1) timber operations that generate marketable commercial forest products, 2) prescribed burn projects that involve broadcast burning across the landscape, 3) mechanically treating fuels such as mastication across the landscape, and 4) any other projects on larger acreages. Often a barrier for moving a project to design and implementation is the pre-permitting technical studies such as archeological and biological scoping and surveying. Investing in upfront pre-permitting technical assistance will help produce positive outcomes in terms of timeliness. The region is relying on the state to complete all planned actions to improve regulatory efficiency detailed in the California Wildfire and Forest Resilience Action Plan, including completing a permit synchronization workplan, completing THP guidance documents, improving and expanding CalTREES, enhancing CalVTP implementation, updating PFIRS, and assisting landowners with endangered species conservation. This includes implementing the smarter permitting recommendations in the Cutting Green Tape report.

Recommendations

North Coast conservation and restoration professionals with project implementation experience should review and provide feedback to federal and state agencies and recommend additional steps to further improve and enhance regulations and permitting to reduce impediments to the pace, scope, and scale of fuel treatment and ecosystem restoration projects in the region without compromising health, safety, and environmental standards. NCRP will support permitting technical assistance for landowners and CBOs who are implementing landscape-scale and/or community benefit projects such as shaded fuel breaks, and will conduct consolidated permitting efforts for high-priority projects identified in various Solutions and Actions in this Plan. Restoration permitting initiatives, such as programmatic environmental impact reports (e.g. PTEIR or CalVTP), can facilitate coordination across similar projects, eliminating the need for separate permits for each project.

Actions

  • Support ongoing efforts articulated in the Cutting Green Tape initiative to integrate or complement landscape planning efforts that require NEPA/CEQA for projects encompassing state, private, and federal lands.
  • Encourage partners – including CA Board of Forestry, USDA State and Private Forestry, UCCE and regional RCDs and counties – to provide permitting guidance for private landowners in accessible, easy to understand formats.

Through its Technical Assistance program, NCRP will provide permitting technical assistance to landowners or CBOs participating in high-priority landscape-scale conservation, fuel management, or restoration projects with significant community benefit.

  • Facilitate large-scale programmatic environmental compliance strategies that meet regional priorities through vehicles like CalVTP and similar strategies in NEPA.

Reach out to cities and counties to offer support for those agencies that may want or need assistance in reviewing current city or county codes that could use updates that would facilitate high-priority projects.

Evaluate and facilitate utilization of emerging platforms for permit automation via permitting and planning online template or software for landowners to help streamline permitting/compliance applications and assist with ecological forest practices and monitoring. Tools should integrate with Forest Practices Act, permitting and environmental laws. (See Ecosystem Restoration – Private Landowner Solution)