Article 5 - Forest Insect and Plant Disease Control

California Public Resources Code — §§ 4712-4718

Sections (8)

Added by Stats. 1965, Ch. 1144.

As used in this article:

(a)“Owner” includes any individual, partnership, corporation, or association.

(b)“Timberland” means any land which has enough timber, standing or down, to constitute, in the judgment of the board, an insect or pine beetle infestation breeding ground or plant disease hazard of a nature to constitute a menace, injurious and dangerous to timber or forest growth.

§ 4713

Added by Stats. 1965, Ch. 1144.

Pine beetles and other insect pests or plant diseases which are harmful, detrimental and injurious to timber and forest growth are a public nuisance.

§ 4714

Amended by Stats. 2021, Ch. 133, Sec. 93. (SB 272) Effective July 23, 2021.

Every owner of timber or timberlands shall control or eradicate the insect pests or plant diseases on lands owned by the owner or under the owner’s control. If the owner does not do so the work may be performed as provided in this article.

§ 4714.5

Added by Stats. 1988, Ch. 225, Sec. 2.

The movement of eucalyptus wood containing live Eucalyptus Longhorn Borers or their larvae in trucks or trailers is prohibited. A violation of this section is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.

§ 4715

Amended by Stats. 1991, Ch. 408, Sec. 1.

The department, in accordance with policy established by the board, may enter into agreements with any owner and with any agency of government, including the federal government, for the purpose of controlling or eradicating forest insects or plant diseases damaging or threatening destruction to timber or forest growth, and it may make expenditures for that purpose.

§ 4716

Amended by Stats. 2008, Ch. 365, Sec. 2. Effective January 1, 2009.

(a)Whenever the director determines that there exists an area that is infested or infected with insect pests or plant diseases injurious to timber or forest growth and that the infestation or infection is of such a character as to be a menace to the timber or timberlands of adjacent owners, the director, with the approval of the board, may declare the existence of a zone of infestation or infection, and describe and fix its boundaries.

(b)If the director declares the existence of a zone of infestation or infection pursuant to subdivision (a), the department or its agents may go upon state and private lands within the zone of infestation or infection and shall cause the infestation or infection to be eradicated or controlled in a manner that is approved by the board.

(c)(1) Within a zone of infestation or infection, the department may remove live vegetation directly adjacent to dead or dying vegetation that is substantially at risk of infestation or infection.

(2)The department may also remove soil that harbors or could reasonably harbor insects or pathogens injurious to timber or forest growth, and that have the potential to facilitate the spread of insects or pathogens to live trees or could substantially increase the risk of subsequent infestations or infections.

§ 4717

Amended by Stats. 1976, Ch. 1300.

The department may make the necessary surveys and appraisals to obtain pertinent data and information on insect infestations and disease infections. The department may make expenditures for that purpose.

§ 4718

Amended by Stats. 2021, Ch. 133, Sec. 94. (SB 272) Effective July 23, 2021.

If the director determines that insect or disease control work within the designated zone of infestation or infection is no longer necessary or feasible the director shall, with the approval of the board, dissolve the zone.