Monday, November 19, 2007

TPZ Take 3

update 6:25 pm: (I swear I didn't read this ER article until after I wrote the below post but apparently the forestry review committee came to a similiar conclusion. I guess I'm behind the times.)

The California State timberland code says that timberlands should be preserved for timber production and compatible uses.* So it's a clearly stated policy to keep timberland available for compatible uses.

One of the compatible uses is provided in the code is "A residence or other structure necessary for the management of land zoned as timberland production."**

I think this clouds the issue in two ways. For one thing "A residence" can be literally taken to mean one residence. But does it mean one residence per parcel, one per ownership or what? It doesn't say. The other way that the code is clouding the issue is that it seems to be distracting some people from exploring other situations where a residence or residences are compatible. To paraphrase the code, the definition of compatible use is not limited to uses 1-6.

I think that if people could figure out when a residence or residences are not compatible with timber production then by process of elimination it would be more clear when they are compatible and should be permitted according to the state code.

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supporting evidence

*51102. Policy of state.
(a), (1) Maintain the optimum amount of the limited supply of timberland to ensure its current and continued availability for the growing and harvesting of timber and compatible uses.
(underline added)

**51104. Definitions
(h) ‘‘Compatible use’’ is any use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, any of the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use:

(1) Management for watershed.

(2) Management for fish and wildlife habitat or hunting and fishing.

(3) A use integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas.

(4) The erection, construction, alteration, or maintenance of gas, electric, water, or communication transmission facilities.

(5) Grazing.

**(6) A residence or other structure necessary for the management of land zoned as timberland production.

8 Comments:

At 11/19/2007 07:36:00 PM, Blogger Rose said...

Assuming one residence, compatible use could reasonably include a barn, a tool/wood shed, a pump house, a chicken coop, a stable, a greenhouse, or all of the above - all things that normal people might have and need on a piece of country property. I understand it is limited to one or two acres on the TPZ parcel, does that fit with what you see?

 
At 11/20/2007 10:36:00 AM, Blogger John Doe #86 said...

Those structures themselves seem compatible to me. But the use of the pump house is a good example of a grey area. Withdrawing water from creeks is a huge problem in some watersheds because it greatly ads to the problem of low summer flows. I've heard it likened to "death from a thousand cuts." So thats a problem that needs to be addressed somehow.

 
At 11/20/2007 07:34:00 PM, Blogger Rose said...

Well, in Fieldbrook people drill wells. The pumphouse generally houses the pump above the well.

In the old days, even in Fieldbrook, many property owners drew water from the creeks, and lost their pumps in the winters.

That is certainly not desirable or recommended, but a well would be a necessity to live in an outlying area.

It's not reinventing the wheel.

 
At 11/21/2007 09:25:00 AM, Blogger John Doe #86 said...

No need to reinvent the wheel, but when populations boom there may not be enough room on the road.

When I was mentioning the water shortages I had the Mattole River in mind.

 
At 11/21/2007 12:54:00 PM, Anonymous Anonymous said...

There is no such thing as first in time - first in right as water rights go. This has nothing to do with "compatible uses." If you are saying that I can't build my home on my land because someone downstream wants to water their dope garden or anything else, they do not have vested rights in that water in this state.

 
At 11/21/2007 05:57:00 PM, Blogger John Doe #86 said...

I said nothing about building a home. I said too much water being taken out of watercourses can cause problems and it can't be ignored.

It causes problems for forest growth, fish, fire safety, watercourse navigability, you name it.

If there's enough water in the river for you to take some out year round and not cause big problems then why not? Otherwise an alternative like large capacity water storage for drier seasons needs to be used.

Anyway, gotta go. I'm helping my mom move furniture around to prepare for thanksgiving.

 
At 11/23/2007 11:44:00 AM, Anonymous Bolithio said...

"But the use of the pump house is a good example of a grey area. Withdrawing water from creeks is a huge problem in some watersheds because it greatly ads to the problem of low summer flows. I've heard it likened to "death from a thousand cuts." So thats a problem that needs to be addressed somehow."

Remember that there is big difference between a surface water intake, and a well, which gets its supply from groundwater. Further - taking surface water is not always a problem. It can be, but usually a domestic water intake in a small creek inst the end of the world. In the world of forest practice, if there is a domestic intake on a small Class II, it receives a elevated level protection...

 
At 11/23/2007 12:21:00 PM, Blogger John Doe #86 said...

"Remember that there is big difference between a surface water intake, and a well"

I'm keeping that in mind.

Thanks for reminding me about class II streams getting more protection if they have a domestic water intake, I was vaguely aware of that but had forgotten.

I agree that taking surface water is not always a problem, I think it usually isn't a problem when it's for household use and not irrigation. I guess a big distinction needs to be made between surface intake for domestic uses and surface intake for agricultural uses. Also, overflow shutoff valves and fixing leaks are important during periods of low flows in the river.

 

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