BREAKDOWN OF DIRECTION:

I. Land use Objectives:

• Legal objectives and strategies contained within approved Higher Level Plans (HLP)
• Currently* the Vancouver Island Land Use Plan (VILUP) is the higher level plan in the SIFD,
• The Higher Level Plan Order signed on October 2000 establishes the legally binding objectives,
• The land use objectives referring to visual quality in the higher level plans for the SIFD are outlined in the VILUP Higher Level Plan Order in the following sections:
• C.) for the following Special Management Zones with primary visual resource values: 13, 14, 18 and 22 as shown on Map:

  "6.) Maintain the visual quality of known scenic areas in accordance with the recommended visual quality classes in the visual landscape inventory, until the district manager establishes visual quality objectives for the areas"

• The Vancouver Island Summary Land Use Plan (VISLUP & Appendix), although not a legal document, provides some guidance to implementing the order.

• These objectives are set in Sec. 149 (FRPA) of Forest and Range Practices Act, objectives set by government (OSBG) and apply province-wide, and are the most general type of objectives.

• Sec 9.2 (FPPR) Objectives set by government for visual quality

"(1) In this section:

"scenic area" means an area of land established as a scenic area under the Forest Practices Code of British Columbia Act on or before October 24, 2002 and continued as a scenic area under section 180 (c) of the Act;

"visual sensitivity class" means a visual sensitivity class established on or before October 24, 2002, particulars of which are publicly available in the Land and Resource Data Warehouse maintained by the minister responsible for the Land Act.

(2) The objective set by government in relation to visual qualify for a scenic area, that

(a) was established on or before October 24, 2002, and

(b) for which there is no visual quality objective is to ensure that the altered forest landscape for the scenic area (*note SIFD has VQO established)

(c) in visual sensitivity class 1 is in either the preservation or retention category,

(d) in visual sensitivity class 2 is in either the retention or partial retention category,

(e) in visual sensitivity class 3 is in either the partial retention or modification category,

(f) in visual sensitivity class 4 is in either the partial retention or modification category, and

(g) in visual sensitivity class 5 is in either the modification or maximum modification category."

• For scenic areas where no visual quality objectives (VQO) are established, apply the following:

• Sec 9.2 (2) (FPPR) can be used where visual sensitivity classes (VQC) are identified in the inventory.
• Sec. 9.2 (c), (d), (e), (f), (g) (FPPR) redefines these visual sensitivity classes into alteration categories, which are synonymous with visual quality objectives.

• Presently the grandparented Scenic Areas in the SIFD have established VQO. The public consultation period for the Government Action Regulation (GAR) order ended on September 30, 2005. See more in Part III of this web page.

Intent: Objectives in regulations are intended to provide goalposts for managing and protecting FRPA values. Results and strategies in operational plans must address and be consistent with these objectives.

Changing Objectives: New or modified objectives in regulation are established through the legislative drafting and amendment process. Objectives in regulations cannot be changed or alternatives proposed at a local level.

III. Objectives Enabled by Regulations:

Objectives enabled by regulation are established by the appropriate Minister, or their delegate, for a specified area. These are the most specific of all objectives, although they are not stated in the regulations, the legislation gives authority to the Ministers, or their delegate, to establish them for various types of areas.

Establishment: The Objectives enabled by regulation come into effect through government actions regulations (GAR):

• Sec. 7 (1) (GAR) Scenic areas and visual quality objectives (Dec. 13, 2004)

  "(1) The minister responsible for the Land Act by order may establish an area as a scenic area if satisfied that the area

  (a) is visually important based on its physical characteristics and public use, and

  (b) requires special management that has not otherwise been provided for by this regulation or another enactment"

• The Sec. 7 (1) GAR will be used to establish new scenic areas for the South Island Forest District.
• The South Island Forest District has a series of grandparented Scenic Areas. For more information see Section VI. Grandparented Objectives & Designations

• Sec. 7 (2) (GAR) Scenic areas and visual quality objectives

"(2) The minister responsible for the Forest Act by order may establish for a scenic area visual quality objectives that are consistent with subsection (1) and are within the categories of altered forest landscape prescribed under section 1.1 of the Forest Planning and Practices Regulation."

GOVERNMENT ACTION REGULATION - 2005 GAR ORDER:

• Visual Quality Objectives (VQO) are now established for South Island Forest District (SIFD) pursuant to Section 7(2) of the Government Action Regulation (GAR) by an Approved GAR Order dated December 15th, 2005 as shown on the SIFD VQO Map dated December 1, 2005.
• A notice of the above VQO GAR order was posted in the BC Gazette on December 15th, 2005, the order and the map was posted on the SIFD web site, and letters of notification were mailed out to all major licensees operating in the SIFD area on December 15th, 2005
• The established VQO are carried over from the previous Recommended Visual Quality Classes (RVQC) and Visual Quality Classes (VQC) already used by Licensees and previously presented in their Forest Development Plans (FDP) or Management Plans (MP).
• The process of carrying over the RVQC or VQC from the CODE to the established VQO's of FRPA, with the Sec. 7(2) GAR orders has been used by SIFD in order to allow for consultation before the VQO are formally established.
• The VQO establishment process included a public consultation period which ended on September 30, 2005. The comments received from the general public, First Nations and licensees operating within the SIFD area were incorporated in the final VQO map.
• These VQOs apply to the Scenic Areas identified as known in the District Manager's letter dated November 13, 1998 and grandparented under Sec. 180 of the FRPA.
• These objectives apply to the crown land portion of the SIFD and to the private land within Woodlot Licenses (WL) and Tree Farm Licensees (TFL). The above order does not apply to the Clayoquot Sound Scientific Panel planning area.
• Map 1. presents the final Visual Quality Objectives (VQO) polygons. (Dec. 1, 2005)
  
  Map 1, click to enlarge
• The SIFD VQO Summary Map, dated December 01, 2005, was created by merging existing RVQC and VQC data used by licensees in their FDP or MP's and by selecting the most up-to date information from Visual Landscape Inventories for the areas where overlap existed.
• The GIS files (ESRI shape & *.e00) for the VQO 2005 polygons are available for licensees from the SIFD office, upon request, or can be downloaded from the Visuals 2005 GIS Data FTP site. Important note: the 2005 GIS files are now outdated and are replaced by the data found on the Visuals 2011 GIS Data FTP site. The LRDW data for the SINRD area will be updated soon with the 2011 amended Visuals Data soon.
• Visual maps and scenic class objectives (SCO) for the Clayoquot Sound Plan Area can be found in the approved watershed management plans. For more information contact the ILMB office. Digital files can be downloaded from the ILMB ftp site.

GOVERNMENT ACTION REGULATION - 2011 GAR ORDER AMENDMENT:

• There is an approved 2011 GAR Order Amendment signed on December 30th, 2011, in effect (review and comment period was: September 1st to October 30th, 2011) that establishes new and amends existing Visual Quality Objectives (VQOs), Travel Corridors and associated Scenic Areas  for the South Island Natural Resource District as follows:

• Section 1: designates the Cowichan Lake as Visual Travel Corridor and establish it as a Scenic Area - No. 31 for the South Island Natural Resource District. For detailed location see Map

• Section 2: repeals the Walbran Low Intensity Area as a Travel Corridor - No. 28 and repeals the associated Scenic Area designation. For detailed location see Map

• Section 3: amends the Caycuse / McLure mainline Travel Corridor - No. 27 and the associated Scenic Area. For detailed location see Map

• Section 4: establishes Visual Quality Objectives (VQOs) for the Woodlot WL1614 area (Blocks 170 & 171) and the crown land section of the land located on the West and North West part of the Bald Mountain peninsula in the Cowichan Lake area. For detailed location see Map

• Section 5: amends the established Visual Quality Objectives (VQOs) for the Woodlot WL1475 located in the Nanoose area. For detailed location see Map.

• Section 6: Incorporates the Visual Quality Objectives (VQOs) established for the Special Management Zone 18 (SMZ18) in April 2, 1998 (DM’s letter dated April 2, 1998) into the South Island Forest District, Visual Quality Objectives Established Under Section 7(2) GAR order Amendment Map, dated December 14, 2011. For detailed location see Map.

• Section 7: amends the established Visual Quality Objectives (VQOs) for the area of the Alberni Inlet, North of the Uchucklesit Inlet (including the SMZ18) into Partial Retention in order to promote a uniform visual quality management along the two sides of the Alberni Inlet. For detailed location see Map.

• Section 8: repeals the Sec 9.2 FPPR, obsolete and redundant Recommended Visual Quality Classes (RVQC) data in the Clayoquot Sound Planning Area. For detailed location see Map.

• Section 9: removes from the South Island Forest District, Visual Quality Objectives Established Under Section 7(2) GAR Order Map, dated December 15, 2005 any VQO annotations noted on the non-Crown Land and from the Maa-nulth Treaty Selection Lands sections of the district, and updates the South Island Natural Resource District, Visual Quality Objectives Established Under Section 7(2) GAR Order Amendment Map dated December 14, 2011 to reflect the above removals. For more details see the dark blue polygons on the Map) and from the Maa-nulth Treaty Selection Lands (see the gray-blue polygons on the Map sections of the district.
  

• The approved GAR Order Amendment is reflected in the amended South Island Natural Resource District, Visual Quality Objectives Established Under Section 7(2) GAR order Amendment Map, dated December 14th, 2011 and it includes:

   Map 2, click to enlarge

  • A consolidation of the GAR 2005 and the 2011 GAR Amendments visuals data,

  • In addition the amended map now also presents the Scenic Class Objectives (SCO) prescribed in the approved Watershed Plans by the Ministry of Agriculture and Lands (MAL) and the Integrated Land Management Bureau (ILMB) for the Clayoquot Sound Plan Area (CSPA). For more information contact the ILMB office or look up the Clayoquot Sound Watershed Plans web site. Note that, the CSPA scenic class objectives can be found in the approved watershed management plans.

  • Important note: the GIS files for the 2011 VQO Amendment polygons, the amended travel corridors, and the Clayoquot data are available for licensees from the SINRD office, upon request, or can be downloaded from the Visuals 2011 GIS Data FTP site. This data set should be used after February 3rd, 2012. Please note that the GIS data relevant to the SINRD visuals located on the LRDW is under review and will be updated soon.

  • If you would like to colour theme the visual data (REC_EVQC_C) in order to match the district summary map posted on this site you could use the following RGB colour codes.

  • Notices of the above 2011 GAR Order Amendment were posted on the:

    •  The GAR Ministerial Orders site on January 25th, 2012: http://www.for.gov.bc.ca/tasb/legsregs/frpa/frparegs/govact/orders/dsi.htm

    • The Official Notices Site on January 30th, 2012 and in the BC Gazette on February 3rd, 2012,

    • In addition a notifications were sent out to licensees operating in the SINRD area on February 3rd, 2012

  • For more information on the proposed GAR Order Amendment please contact the South Island Natural Resource District office at: forests.southislanddistrictoffice@gov.bc.ca

Transitions listed in:

• Sec. 17 (GAR) Visual Quality Class continued: (Dec. 13, 2004)

"A visual quality class for a scenic area is continued under this regulation as visual quality objective if

(a) the visual quality class has been

(i) set out before October 24, 2002 in a letter from the district manager to the holder of an agreement under the Forest Act, or

(ii) included in the most recent tree farm licence visual landscape inventory prepared by the holder of a tree farm licence and approved by the regional manager, and

(b) in existence on the coming into force of this section."

• Sec. 18 (GAR) categories of landscape modification apply to continued visual quality objectives: (Dec. 13, 2004)

"The categories of altered forest landscape prescribed in section 1.1. of the Forest Planning and Practices Regulation apply to visual quality objectives continued under section 181 of the Act or under section 17 of this regulation."

Categories of visually altered forest landscape:

Sec 1.1 (FPPR) "For the purposes of paragraph (c) of the definition of "altered forest landscape" in section 1, the following categories are prescribed, each according to the extent of alteration resulting from the size, shape and location of cutblocks and roads:

(a) preservation: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint, is

(i) very small in scale, and (ii) not easily distinguishable from the pre-harvest landscape;

(b) retention: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint, is

(i) difficult to see, (ii) small in scale, and (iii) natural in appearance;

(c) partial retention: consisting of an altered forest landscape in which the alteration, when assessed from a significant viewpoint, is

(i) easy to see, (ii) small to medium in scale, and (iii) natural and not rectilinear or geometric in shape;

(d) modification: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint,

(i) is very easy to see, and (ii) is (A) large in scale and natural in its appearance, or (B) small to medium in scale but with some angular characteristics;

(e) maximum modification: consisting of an altered forest landscape in which the alteration, when assessed from a significant public viewpoint,

(i) is very easy to see, and (ii) is (A) very large in scale, (B) rectilinear and geometric in shape, or (C) both."

IV. Grandparented Designations & Objectives:

Existing designations and objectives established under the Forest Practices Code (FPC) are grandparented to FRPA as objectives enabled by regulations based on:

Sec. 180 (FRPA), grandparenting specified designations

Sec. 181 (FRPA), grandparenting objectives

Grandparented Visual Quality Objectives - VQOs:

• In addition to the VQOs listed in the December 15, 2005 GAR order,  any of the previously approved VQOs were grandparented from the Forest Practices Code - FPC Code into Forest Range Practices Act - FRPA (December 2004) as Established VQOs (EVQO) and continue to apply.

  • DM’s letter dated April 2, 1998 entitled Visual Landscape Inventories: Nanaimo, Beaver Creek and Alberni Inlet - Special Management Zone - SMZ18 (Nahmint Bay to Uchuclesit Inlet) establishes the visual quality objectives - VQO for the areas listed in the table. The Key Map presents the VQO for the Alberni Inlet SMZ18. The established VQO are based on the recommendations of the Visual Landscape Inventory dated April 1997 revised June 1997.

  • Important note: the above VQOs for the Nanaimo, Beaver Creek and Alberni Inlet - Special Management Zone - SMZ18 were amended by Section 5, 6 & 7 of the 2011 GAR Order Amendment. For more details see the 2011 GAR Order Amendment section.

Grandparented Scenic Areas:

• The Scenic Areas identified as known for the travel corridors (see table 1. below) listed in the District Manager's letter, dated Nov. 13, 1998 have been grandparented under Sec. 180 of the FRPA.
• Map 2. presents the grandparented Scenic Areas for the SIFD area, and can be viewed or downloaded by clicking on the picture below: (Dec. 1, 2005)
• The set of 2005 GIS files (ESRI shape & *e00) for the scenic areas are available for download from the Visual 2005 GIS data FTP site.
• Important note: the GIS files for the 2011 Amended Travel Corridors are available for licensees from the SINRD office, upon request, or can be downloaded from the Visuals 2011 GIS Data FTP site and should be used staring February 3rd, 2012
  
  Map 3, click to enlarge

Grandparented Travel Corridors:

• Map 3. presents the grandparented Travel Corridors (based on the SIFD DM's letter dated November 13, 1998) and can be viewed or downloaded by clicking on the picture below:
• the 2005 GIS files (ESRI shape & *e00) for the travel corridors are available for licensees for download from the Visual 2005 GIS data FTP site.
• Important note: the GIS files for the 2011 Amended Scenic Areas are available for licensees from the SINRD office, upon request, or can be downloaded from the Visuals 2011 GIS Data FTP site. and should be used starting February 3rd, 2012
  
  Map 4, click to enlarge

Table 1, lists the Scenic Areas identified as known and grandparented within the South Island Forest District and it includes all Visual Landscapes associated with Views from the following Travel Corridors:

Important Note: the 2011 GAR Order Amendment established the Cowichan Lake as a new travel corridor and established it as a Scenic Area - No. 31 for the South Island Natural Resource District

In addition the Walbran Low Intensity Area - Travel Corridor - No. 28 was repealed along with the associated Scenic Area designation and the

Caycuse / McLure mainline Travel Corridor - No. 27 and the associated Scenic Area was Amended by the 2011 GAR Order Amendment

V. Requirements in FPPR for visual quality are:

• The FPPR does not contain requirements (default results or strategies) for visual quality.

VI. Factors to Consider in Developing Results & Strategies:

• There are no factors in regulations (FPPR) to consider in developing results and strategies for visual quality.

VII. Practice Requirements in the FPPR for visual quality include:

• Currently* there are no practice requirements for visual quality.

VIII. Exemptions:

• The Minister of Forests and Range may grant an exemption to practice requirement in regulation to visual quality features.

IX. Cumulative Impact: When establishing objectives, the appropriate Minister, or delegate must consider the impact of the proposed objective on the provincial timber supply and cumulative impact on rights granted to timber, woodlot or range agreement holders.

Sec. 19, (FPPR) Division 2.1. Cumulative effect of multiple forest stewardship plans

For the purpose of section 9 [proportional objectives] of the Act, the minister may establish targets referred to in that section, if, where there are likely to be multiple forest stewardship plans within an area,

(a) one or more agreement holders may be unduly constrained in the specifying of results or strategies in the holder's plan unless targets are established under section 9 of the Act,

(b) the agreement holders within the area are unable to reach an agreement that would remove the constraints referred to in paragraph (a),

(c) an agreement holder subject to a constraint referred to in paragraph (a) requests the minister to act under section 9 of the Act, and

(d) the minister is satisfied that a fair and effective order can be made under this section."

X. New Objectives: Once a new objective has been in place for at least four months:

• New operational plans must contain results and strategies to address the new objective if applicable to the area under the plan
• Existing operational plans must be amended to address the new objective if applicable to the area under the plan
• The government can reduce this four month period for some objectives.

FTP Site for Visual Quality-Related Documents:

• Visual quality related objectives supporting documents can be found on the SIFD Objectives Matrix FTP site

Visuals Related Resources:

For a visual quality-related resources and other supporting materials visit:

• Visual Resource Management at the Forest Practices Board site
• Visual Impact Assessment Guidebook

FRPA RESOURCE EVALUATION Program:

• For effectiveness evaluation related questions visit the FRPA Resource Evaluation Program web site
• FRPA Resource Evaluation Program web site visual quality section

Visual Quality Conservation and Effectiveness Evaluation Links:

• Procedures for Effectiveness Evaluation Indicators and Protocols

Resource Values Indicators Site:

• List of resource value indicators

Other FRPA values: select form the list below:

• Objectives Matrix Introduction
• Objectives Set by Government for the FRPA Values
• Objectives Matrix FTP Site Content List
• Objectives Matrix FTP site

1. Soils
2. Timber including Forest Health
3. Wildlife
4. Fish
5. Water
6. Biodiversity
7. Cultural Heritage Resources
8. Resource Features
9. Recreation Resources
10. Visual Quality
11. Forage and Associated Plant Communities

Disclaimer: Please note that the government is under no obligation to develop or provide the objectives matrix to FRPA stakeholders. The matrix was developed to assist those who prepare operational plans with identifying objectives for which results and strategies must be developed within operational plans. The Ministry of Forests does not make any guarantees with respect to the accuracy, currency and reliability of the information contained within this objectives matrix.

It is the plan proponent's responsibility to ensure that all legal requirements are met.
The legislation extracts quoted in the text of this web site are for the users convenience only and they do not have legal status.
For the official legal text, please refer to the Queens Printer legal publications.