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 Site
Plans and Silviculture
Page Contents
What are the changes
in December 2002?
Site Plans
replace Silviculture Prescriptions
One of the most significant changes resulting
from the amendments to the FPC is the elimination of any new
silviculture prescriptions (SPs). Existing silviculture prescriptions
will largely remain in effect for the duration of their terms.
Silviculture prescriptions will be replaced by sites plans that
licencees will be required to prepare but not submit for government
approval.
A primary distinction between a Silviculture
Prescription and a Site Plan is that silviculture prescriptions
were approved and enforced, while site plans are prepared but
not approved.
The Site Plan identifies the appropriate
standards for:
- Stand
level biodiversity and permanent access structures at the
cutblock level; and
- Soil
disturbance limits, stocking requirements, regeneration date
and free growing date at the standards unit level.
The legislation also requires that a Site
Plan contain a map. The map has reduced detail requirements
compared to the map in a Silviculture Prescription.
The intent of the new Site Plan is to reduce
the number of plans requiring approval before operations can
begin. This speeds the process for both government and industry,
eliminates the need for time-consuming review by government,
and improves overall efficiencies by eliminating a cycle of
submission and amendments.
Term of Silviculture
Prescriptions / Site Plans
The majority of existing silviculture prescriptions
prepared before the amendments came into force will remain in
effect for the extent of their term. Exceptions are those silviculture
prescriptions prepared for:
- areas
where timber was damaged or destroyed by natural causes, and
there was no salvage harvesting (i.e., silviculture prescriptions
prepared under sections 22(1)(b), 22(5) or 22(6) of the Forest
Practices Code of British Columbia Act); and
- backlog
areas.
In these exception areas, there is no requirement
for site plans and the obligations under existing silviculture
prescriptions no longer apply.
Holders of existing silviculture prescriptions
who consider that one or more of the requirements of the Prescription
cannot be complied with or results achieved (i.e., sections
35-36 of the Forest Practices Code of British Columbia Act),
and that it is not practical to amend the prescription, need
to submit a written report to the District Manager (DM) and
prepare a Site Plan which replaces the Silviculture Prescription.
After December 17 2002, no new silviculture prescriptions will
be accepted. Amendments to existing silviculture prescriptions
will be allowed.
Once a prescription becomes outdated (three
years after approval if a Cutting Permit has not been issued),
the DM may order the holder of a Silviculture Prescription,
with the exception of a Woodlot Licence Holder, to prepare a
Site Plan for the area or submit an amendment to the Silviculture
Prescription.
Minor Amendments
to Silviculture Prescriptions (see
Errata)
Existing silviculture prescriptions that
are still in effect can have minor amendments without requiring
DM approval. An amendment is considered minor if it meets one
of two tests:
- the amendment
conforms with the Forest Practices Code of British Columbia
Act, regulations and standards and does not affect the
likelihood of achieving the objectives/results; OR
- the amendment
meets prescribed requirements.
Section 7.1 of the OSPR contains the complete
list of minor amendments that can be made to a Silviculture
Prescription without DM approval. Examples of minor amendments
include:
- minor
mapping or area changes from a more accurate GPS traverse;
- changes
that increase the net area to be reforested;
- deletions
of portions of proposed cutblocks;
- a change
to a silvicultural system as long as it does not increase
maximum limits for soil disturbance; and
- changes
in proposed roads.
Section 7.2 of the OSPR authorizes enforcement
action if the DM determines an amendment is not minor and should
have been submitted for approval.
Section 7.3 of the OSPR prevents minor amendments
being made without approval for the following (for both FDPs
and silviculture prescriptions):
- stocking
requirements;
- minimum
allowable horizontal distance;
- regeneration
date;
- earliest
free growing assessment date;
- free
growing date;
- limits
for permanent access structures;
- limits
for soil disturbance; and
- if the
amendment affects the retention of wildlife trees.
Stand Management Prescriptions (SMP) and Backlog
Reforestation Requirements
All obligations associated with backlog reforestation
and areas destroyed by fire and pest where no salvage harvesting
will occur are discontinued immediately. Government has classified
treatment of these areas as discretionary silviculture, eligible
for Forest Investment Account (FIA) funding. The requirement
for SMPs for free growing stands was removed from the FPC in
the spring of 2002. Environmental protection provisions, designed
to protect against environmental damage or to avoid risks to
human safety, will be achieved through contractual provisions
under FIA.
Site Plan Content
Section 36.2 of the new OSPR lists the content
requirements of a site plan including:
- date,
signed and sealed by an RPF;
- total
area and Net Area to be Reforested (NAR);
- stand
level biodiversity and limits on permanent access structures
(PAS)—for each cutblock;
- stocking
requirements including regeneration and free growing dates
and the limits on the amount of soil disturbance—for
each standards unit; and
- a map
showing size, shape, location, mappable reserves, all streams,
known resource features, standards units, NAR, PAS.
A Site Plan may apply to more than one cutblock.
However, the commencement date for the entire area under the
Site Plan is initiated with the first harvesting in any cutblock.
Site plans must be consistent with the FDP
and conform to the Act, regulations, and standards. Previously,
standards for soil disturbance, extent of permanent access structures
and wildlife tree retention were prescribed in silviculture
prescriptions and then approved by the DM. The Site Plan identifies
the approved standards that apply to the area under the plan.
The Site Plan elements include:
- Applicable
performance standards—for stand level biodiversity, permanent
access structures and soil disturbance. These standards can
be contained in the Silviculture Prescription, if subject
to a prescription, or specified in the FDP. Default applicable
performance standards, defined in the Timber Harvesting and
Silviculture Practices Regulation (THSPR); apply if standards
are not specified in the Silviculture Prescription or FDP.
Variances can be requested from the default standards in the
THSPR. Variances cannot be made to standards defined in the
FDP—the FDP must be amended, and approved, if the standards
need to change; and
- Stocking
requirements—including regeneration and free growing
dates. The stocking requirements must be as identified in
the FDP. The Site Plan cannot be drafted until the FDP is
amended to contain stocking requirements to a given Site Plan
area. Variances cannot be made to stocking requirements defined
in a FDP—the FPD must be amended, and approved, if the
stocking requirements need to change.
Other than for emergency harvesting, a person
preparing a Site Plan must carry out the following assessments
as per section 36.1 of the OSPR:
- Visual
Impact Assessment (VIA)—if in known scenic area with
established visual quality objectives. VIA not required for
minor or expedited salvage unless required by District Manager;
- Coast
Gully Assessment—on coastal operations;
- Pest
Incident Survey—if required by District Manager; and
- Archaeological
Impact Assessment—if the District Manager is satisfied
that the assessment is necessary to adequately manage and
conserve archaeological sites in the area.
The new OSPR requires riparian management
areas and riparian classes to be included in the Site Plan.
The intent of containing requirements for
site plans in operational plans or regulations is to ensure
that the government and public have ready access to site level
information on a block-by-block basis. Government will remain
the final authority on standards for silviculture and some non-timber
forest resource values (e.g., basal area retention in riparian
management zones and wildlife tree retention). Licencees are
provided the flexibility to propose and get variances or amendments
from the MOF for alternate standards. A Chief Forester memo
will be issued to provide guidelines for the process and procedures
for amending stocking standards into the FDP.
Protection
of Environmental Values
There are some key environmental resource
values (e.g., wildlife tree retention and basal area retention
in riparian management areas) that were included in silviculture
prescription and now protected through the following:
- Wildlife
tree retention—the site plan must show mappable reserves
for wildlife tree retention. A default performance standard
is specified in Chapter 3.2 of the Landscape Unit Planning
Guide; and
- Basal
area retention in a riparian management zone—the site
plan must show mappable reserves (including riparian management
areas) and show the riparian classification of streams, wetlands
and lakes. FDPs will be expected to define the measurable
and enforceable standard for basal area retention. They can
specify ranges, but these should be measurable and enforceable.
DMs may ask for more specific information before approving
FDPs, including details about what percentage of basal area
retention would apply for specific portions of riparian management
zones.
Obligation to Establish a Free Growing Stand
Holders of site plans have an obligation
to establish a free growing stand.
Exemptions to the requirement to establish
a free growing stand are limited to harvesting for poles, commercial
thinning, sanitation treatments or intermediate cuttings that
do not have regeneration objectives. In this case, the FDP must
be amended to provide the site plan specifications for the:
- preferred
and acceptable species to be retained;
- minimal
basal area or minimum density to be retained; and
- minimum
leave tree characteristics including form, health and vigour.
New
Provisions: Limitations on Liability
The holder of a Site Plan or Silviculture
Prescription will send a declaration to the DM when their regeneration
date or free growing obligations have been met. The DM has 15
months to reply, in writing, confirming the obligation has been
met. If not met, the holder of the Site Plan will remain responsible
for meeting the regeneration date or free growing obligation.
There are certain situations where the DM
may accept a regeneration date declaration even when the licencee
has not met certain requirements for that Standard Unit (SU):
- In the
case of stocking standards, this can occur if the DM determines
that during the year before the SU regeneration date, the
holder met the stocking requirements for a minimum of 90%
of the combined area of the SU and all other SUs where regeneration
date occurred during that year; and
- Similarly,
for "well spaced preferred species per hectare",
if the DM determines that during the year before the SU regeneration
date, the holder met the overall average minimum of well spaced
preferred species per hectare on the combined area of the
SU and all other SUs where regeneration date occurred during
that year.
It is important to recognize that both these
new tolerances only apply at regeneration date, and cannot be
carried forward to free growing requirements (i.e., all free
growing requirements must still be met).
In addition, the previous free growing requirements
of section 162.1(5) of the Forest Practices Code of British
Columbia Act are now replaced with more specific requirements
in the THSPR. Under the new THSPR requirements, a holder who
makes a free growing declaration on a brushed block remains
responsible, unless crop trees meet the relative height requirements
and sufficient time has elapsed since the brushing occurred.
Sufficient time is defined as 2 years after chemical or manual
brushing, except for the SBS & BWBS zones where sufficient
time is deemed 3 years following manual brushing. The District
Manager may also authorize a shorter period.
Waiver or Funding
of Free Growing Obligation
A new provision in section 162.2 of the Forest
Practices Code of British Columbia Act provides some relief
for licencees in some situations where free growing status cannot
be achieved because of a damage-causing event, such as a forest
fire caused by lightning. In these situations, if a free growing
stand cannot be achieved without significant extra expense to
the licencee , the government will fund the extra expenses for
silviculture or waive portions of the obligation.
The DM must grant this relief or provide
funding as long as the licencee did not cause or contribute
to the damage and exercised due diligence in relation to the
cause of the damage.
Site Plan
Approvals and Exemptions
Site plans do not require government approval.
However, a holder of a Site Plan must make it publicly available
upon request. The Site Plan must be available at the place of
business nearest the area under the plan. The DM can ask for
site plans to be submitted as additional information to assist
the process of approving a Forest Development Plan.
The DM may exempt a person from the requirement
for a Site Plan in certain circumstances as listed in Section
36.3 of the OSPR.
Similar exemptions as those allowed for under
silviculture prescriptions are maintained. Where a person was
given an exemption from the requirement to prepare a Silviculture
Prescription under Section 22 of the Forest Practices Code
of British Columbia Act, that exemption remains in effect—now
under Section 21.1 of the Forest Practices Code of British
Columbia Act.
The exemptions to silviculture prescriptions
enabled under the Bark Beetle Regulation now apply to site plans.
Site Plan
Reporting Requirements
Part 6 of the THSPR describes reporting requirements.
The reporting requirements have changed to one reporting deadline
(May 31) when reports on activities for the preceding year ending
March 31 must be submitted. Reports must be submitted as follows:
- Areas
without regeneration objectives—Forms A and B along with
a map identifying the standards units. Form C is required
within 12 to 24 months after completing harvesting. Form C
must contain a map containing information described in Section
48 of the THSPR.
- Areas
requiring establishment of a free growing stand—Forms
A, B and C with a map containing information for each area
harvested. The mapping requirements are contained in Section
48 of the THSPR. Form B is required for areas where silviculture
treatments were carried out. Form C is required for areas
that have met regeneration date or free growing stocking requirements.
Form C will include a map identifying any changes in the map
submitted after harvesting.
Applicable Legislation
Appendix A (
269 Kb) summarizes the amendments to the Forest
Practices Code of British Columbia Act that impact site
plans and silviculture.
The applicable regulations for Forest Development
Plans include the following:
- Bark Beetle
Regulation (exemption for site plans)
- Operational
and Site Planning Regulation (replaces Operational Planning
Regulation)
- Timber
Harvesting and Silviculture Practices Regulation (replaces
Silviculture Practices Regulation)
Lists of changes in these regulations can
be found in Appendix
B (
388 Kb) of this Primer.
Downloads
Recorded Presentations
Audio and slide presentations were made to
provide information to session participants from subject matter
experts. For
more information about the format and use of these files, click
here. (A new browser window will be opened: close that window
to return to this page).
We have provided the Powerpoint overheads,
a transcription of the session, a PDF file of the overhead handouts
(3 slides per page), and the full presentation with audio.
- Site
Plans and Silviculture
- Silviculture
Question and Answer
- Protection
of Environmental Values
Written Materials
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