§ 4751
244 words·~1 min read·
/ca/public-resources-code/4751A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as provided in Section 4752, this section shall apply to any conservation easement, as defined in Section 815.1 of the Civil Code, contracted for purchase with state funds on or after January 1, 2023, wherein land subject to the easement is composed of existing forest lands, as defined in subdivision
(g)of Section 12220, covering at least 40 acres, except as provided in paragraph (2).
(2)The 40-acre minimum in paragraph
(1)shall not apply if the land subject to the easement has been zoned as a timberland production zone pursuant to Section 51112 or 51113 of the Government Code, and as defined in subdivision
(g)of Section 51104 of the Government Code.
(3)This section shall not apply to a conservation trail easement when the primary purpose is for public access to a trail.
(b)To the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, the landowner shall agree, as part of the easement management plan, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the land’s ability to provide resilient, long-term carbon sequestration and net carbon stores as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of these larger trees over time.