Section 020. General Rules

01. Compliance. Operators must comply with practices contained within a rule to accomplish th e purpose of the rule. (3-31-22) a. If conditions of sites or activities require application of practices which differ from those prescribe d by the rules, the operator must obtain a variance according to the following procedure: (3-31-22) i. The operator must submit a written request for variance to the Department. The request mus t include a description of the site and particular conditions which necessitate a variance and a description of propose d practices which, if applied, will result in a violation of the rules. (3-31-22) ii. The Department will evaluate the request and notify the operator in writing within fourteen (14 ) calendar days whether the variance is granted or denied. (3-31-22) iii. All authorized variance practices must provide for results over the long term which are equivalen t or better than those from rule to ensure site productivity, water quality and fish and wildlife habitat. A variance ma y be applied only at approved sites. (3-31-22) b. Practices must also be in compliance with the Stream Channel Protection Act (Title 42, Chapter 38 , Idaho Code); Idaho Water Quality Standards and Waste Water Treatment Requirements (Title 39, Chapter l, Idah o Code); the Idaho Pesticide Law (Title 22, Chapter 34, Idaho Code), and the Hazardous Waste Management Act o f 1983 (Title 39, Chapter 44, Idaho Code), and rules promulgated thereunder. (3-31-22) c. Water may be diverted from a stream and used at any time to carry out Idaho forest practices an d for forest road dust abatement, provided that: 1) The total daily volume diverted is no greater than two-tenths (0.2 ) acre-feet (65,170 gallons) from a single stream; and 2) The rate of diversion is no greater than twenty-five percen t (25%) of the rate of flow then available in the stream at the point of diversion for these purposes. (3-31-22) i

any time to carry out Idaho forest practices an d for forest road dust abatement, provided that: 1) The total daily volume diverted is no greater than two-tenths (0.2 ) acre-feet (65,170 gallons) from a single stream; and 2) The rate of diversion is no greater than twenty-five percen t (25%) of the rate of flow then available in the stream at the point of diversion for these purposes. (3-31-22) i. No person may, under this Section 020, divert water from an irrigation canal, irrigation reservoir, or other irrigation facility while water is lawfully diverted, stored, captured, conveyed, used or otherwise physicall y controlled by an irrigator, irrigation district or canal company. (3-31-22) ii. No person may, under this Section 020, divert water from a stream within a water district, or fro m which an irrigation delivery entity diverts water, without first providing notice to the watermaster of the intent to divert. (3-31-22) iii. Water diversion intakes used for diversions under Subsection 020.01 must be screened with a maximum screen mesh size as follows: 1) fish-bearing Class I streams: 3/32 inch, and 2) all other streams: 1/4 inch. (3-31-22) d. Any alternative conservation measure having received a favorable Biological Opinion or Incidenta l Take Permit from the National Marine Fisheries Service or US Fish and Wildlife Service will be considered a s complying with these rules. (3-31-22) 02. Conversion of Forest Lands. Prior to converting forest lands to another use, the person convertin g the lands must file a written notification with the Department. These rules will continue to apply to the conversio n and converting lands, except those relating to reforestation. On converted parcels larger than one (1) acre, acceptabl e vegetative cover sufficient to maintain soil productivity and minimize erosion must be planted. Cover must b e established within one (1) year of forest practice completion, except that the Director may grant an extension of tim e if weather or other conditions interfere

ersio n and converting lands, except those relating to reforestation. On converted parcels larger than one (1) acre, acceptabl e vegetative cover sufficient to maintain soil productivity and minimize erosion must be planted. Cover must b e established within one (1) year of forest practice completion, except that the Director may grant an extension of tim e if weather or other conditions interfere. Within three (3) years of forest practice completion, the Director wil l determine if the conversion has been accomplished by: (3-31-22) a. The presence or absence of improvements necessary for use of land for its intended purpose; (3-31-22) b. Evidence of actual use of the land for the intended purpose. (3-31-22) c. If the conversion has not been accomplished within three (3) years of harvest completion , supplemental reforestation Subsection 050.06 applies. (3-31-22) 03. Annual Review and Consultation. The Director will, at least annually, meet with other stat e agencies and the Forest Practices Advisory Committee and review recommendations for amendments to or repeal of these rules. He will then provide the Board a summary of any meetings, together with recommendations regardin g these rules. (3-31-22) 04. Consultation. The Director may consult with other state agencies where expertise from such agencies would be helpful or necessary. (3-31-22) a. These rules are approved best management practices under IDAPA 58.01.02, “Water Qualit y Standards.” The Water Quality Standards describe a procedure for modifying the practices based on monitoring an d surveillance. The Director will review petitions from Idaho Department of Environmental Quality for changes o r additions to these rules and make recommendations for modification to the Board. (3-31-22) 05. Notification of Forest Practice. (3-31-22) a. Before commencing a forest practice or a conversion of forest lands the operator must notify the Department as required in Paragraph 020.05.b. The notification may be provided by the timber owner or landowner. (3-31-22) b

Environmental Quality for changes o r additions to these rules and make recommendations for modification to the Board. (3-31-22) 05. Notification of Forest Practice. (3-31-22) a. Before commencing a forest practice or a conversion of forest lands the operator must notify the Department as required in Paragraph 020.05.b. The notification may be provided by the timber owner or landowner. (3-31-22) b. The notification required by Paragraph 020.05.a. must be on forms provided by the Department , will identify each forest practice to be conducted, and include the name and address of the operator, timber owner , and landowner; the legal description of the operating area; whether the forest practice(s) borders an outstandin g resource water and other information the Department considers necessary for administration of the rules. No fores t practice may begin until the applicable notification is formally accepted by the Department. No later than fourtee n (14) calendar days after formal acceptance of the notice, the Department will send a copy of the notice to the operator , timber owner, and landowner. (3-31-22) c. The operator, timber owner, or landowner that filed the original notification, must notify th e Department of any subsequent change in information contained in the notice within thirty (30) calendar days of th e change. No more than fourteen (14) calendar days from receipt of the notice, the Department will send a copy of th e notice to the operator, timber owner, and landowner. (3-31-22) d. The notification is valid for the same period as the certificate of compliance under Section 38-122 , Idaho Code. If the forest practice is continuing when the notification expires, the notification must be renewed using the same procedures provided for in this subsection. (3-31-22) e. If the notification required by Paragraph 020.05.a

ice to the operator, timber owner, and landowner. (3-31-22) d. The notification is valid for the same period as the certificate of compliance under Section 38-122 , Idaho Code. If the forest practice is continuing when the notification expires, the notification must be renewed using the same procedures provided for in this subsection. (3-31-22) e. If the notification required by Paragraph 020.05.a. of this subsection indicates that the fores t practice will be continuing at the notification’s expiration, the operator, timber owner, or landowner must notify th e Department and obtain a renewal of the notification at least thirty (30) calendar days prior. No more than fourtee n (14) calendar days from receipt of the request, the Department will send a copy of the renewed notification to the operator, timber owner, and landowner. (3-31-22) 06. Notification Exception. A notification is required for all forest practices except: (3-31-22) a. Routine road maintenance, recreational uses, grazing by domestic livestock, cone picking, cultur e and harvest of Christmas trees on lands used solely for the production of Christmas trees, or harvesting of other mino r forest products. (3-31-22) b. Non-commercial cutting and removal of forest tree species by a person for their own personal use. (3-31-22) c. Clearing forest land for conversion to surface mining or dredge and placer mining operations unde r a reclamation plan or dredge mining permit. (3-31-22) 07. Emergency Forest Practices. No prior notification is required for emergency forest practices . Within forty-eight (48) hours after commencement of such practice, the operator, timber owner, or landowner mus t notify the Director and explain why emergency action was necessary. Such emergency forest practices are subject t o the rules herein, except that the operator, timber owner, or landowner may take any reasonable action to minimiz e damage to forest lands, timber, or public resource from the direct or indirect effects of the catastrophic event. (3-31-22) 08

operator, timber owner, or landowner mus t notify the Director and explain why emergency action was necessary. Such emergency forest practices are subject t o the rules herein, except that the operator, timber owner, or landowner may take any reasonable action to minimiz e damage to forest lands, timber, or public resource from the direct or indirect effects of the catastrophic event. (3-31-22) 08. Duty of Purchaser. Before purchasing, contracting to purchase or accepting delivery of a forest tree species harvested from forest lands in Idaho, the initial purchaser must receive and keep on file a copy of th e notification of forest practice for the harvesting practice applicable to the acquired forest tree species. The notic e must be available for inspection upon request by the Department at all reasonable times. (3-31-22) 09. State Divided into Regions. For the purpose of administering the Act and these rules, the State i s divided into two (2) forest regions: one (1) north of the Salmon River and one (1) south of the Salmon River. (3-31-22) 10. Regions Divided into Forest Habitat Types. For administration purposes, the forest regions ca n be divided into Habitat Types. (3-31-22) 021. -- 029. (RESERVED)