SECTION 215.1. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) AMZ--Aesthetic management zone, a timber land on which timber harvesting is restricted for aesthetic or conservation purposes, including:

(A) maintaining standing timber adjacent to public rights-of-way, including highways, roads and public use areas such as public park, school, lake, cemetery, church, also referred to as "AMZ-public rights-of-way"; and

(B) preserving an area in a forest, as defined by Natural Resources Code, §152.003, that is designated by the director of the Texas A&M Forest Service as special or unique because of the area's natural beauty, topography, or historical significance, also referred to as "AMZ-special or unique area".

(2) CWHZ--Critical wildlife habitat zone, a timber land on which the landowner restricts timber harvesting so as to provide at least three of the following benefits for the protection of an animal or plant that is listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. §1531 et seq.) and its subsequent amendments or as endangered under Parks and Wildlife Code, §68.002:

(A) habitat control;

(B) erosion control;

(C) predator control;

(D) providing supplemental supplies of water;

(E) providing supplemental supplies of food;

(F) providing shelters; and

(G) making of census counts to determine population.

(3) SMZ--Streamside management zone, a timber land on which timber harvesting is restricted in accordance with a management plan to:

(A) protect water quality; or

(B) preserve a waterway, including intermittent and perennial streams, river, lake, slough, pond, creek, reservoir, watershed, or wetland (ephemeral streams are excluded).

(4) Ephemeral stream--A stream or drain that flows only during and for short periods following precipitation and flows in low areas that may or may not have a well-defined channel.

(5) Intermittent stream--A stream that flows only during wet periods of the year (or 30-90% of the time) and flows in a continuous, well-defined channel.

(6) Perennial stream--A stream that flows throughout a majority of the year (or greater than 90% of the time) and flows in a well-defined channel.

(7) Forest zone--An AMZ, CWHZ, or SMZ, also referred to as "zone".

(8) Management plan--A written plan or a collection of written directives governing management of an applicant's timberland that the landowner has developed, written, and implemented, with or without professional assistance. The plan must use the forestry best management practice consistent with the agricultural and silvicultural nonpoint source pollution management program administered by the State Soil and Water Conservation Board under Agriculture Code, §201.026, identifying specific management practice, including restrictions on harvest, for each of the types of zones included in the plan.

(9) Director--The director of the Texas A&M Forest Service.

(10) Public right-of-way--A United States or state highway, a county road, a farm-to-market road, other public maintained roads, and public use areas such as public park, school, lake, cemetery, and church.

(11) Basal area--The cross-sectional area of a tree, in square feet, measured at 4 1/2 feet above the ground.

Source Note: The provisions of this §215.1 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595