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Regulations - Forest Practices Code of BC Act

OPERATIONAL AND SITE PLANNING REGULATION

PART 3 - FOREST DEVELOPMENT PLANS

Division 1 - Scope and General Content for Development Plans

B.C. Reg. 107/98 Deposited April 2, 1998
O.C. 0426/98 effective June 15, 1998 (Consolidated to December 12, 2003)

 

PART 3 - FOREST DEVELOPMENT PLANS

Division 1 - Scope and Content for Forest Development Plans

Application

8. The requirements of this Part apply only to a forest development plan, cutblock or road referred to in sections 18 or 19 of the Act.

 

Area under forest development plans

9. (1) A person must ensure that a forest development plan addresses an area sufficient in size to include all areas affected by the timber harvesting and road construction or modification operations proposed under the plan.

(2) If the district manager determines that the area under a proposed forest development plan does not meet the requirements of subsection (1), the district manager may, in a notice given to the person, specify the area that the plan must address.

(3) A person who receives a notice under subsection (2) must comply with the notice.

(4) A notice under subsection (2) must set out the person's right to a review and appeal under subsection (5) and include the title and address of the review official to whom a request for a review may be made.

(5) A person who receives a notice under subsection (2) may request a review and appeal of the district manager's determination and Division 4 of Part 6 of the Act applies to that review and appeal.

 

Signature required for forest development plans

10. A forest development plan must contain the signature of the person required to prepare the plan or a person who has authority to sign the plan on that person's behalf.

 

Maximum cutblock size

NEW11. (1) The maximum size of a cutblock must not exceed

(a) 40 ha for the following areas:

(i) Coast forest region;

(ii) the following portions of the Southern Interior forest region:

(A) Arrow Boundary forest district;

(B) Cascades forest district;

(C) Columbia forest district;

(D) Headwaters forest district, except that portion of the district that is in the Robson Valley timber supply area;

(E) Kamloops forest district;

(F) Kootenay Lake forest district;

(G) Okanagan Shuswap forest district;

(H) Rocky Mountain forest district, and

(b) 60 ha for the following areas:

(i) Northern Interior forest region;

(ii) the following portions of the Southern Interior forest region:

(A) 100 Mile House forest district;

(B) Central Cariboo forest district;

(C) Chilcotin forest district;

(D) that portion of the Headwaters forest district that is in the Robson Valley timber supply area;

(E) Quesnel forest district.NEW


(2) The maximum size for a cutblock specified under subsection (1) does not apply to a cutblock located within an area covered by a higher level plan if

(a) the higher level plan specifies that cutblocks may be larger, or

(b) the higher level plan specifies conditions that must be met in order for larger cutblock sizes to be approved and, the district manager is satisfied that the conditions are met.

(3) Despite subsection (1), the district manager may

(a) refuse to approve a forest development plan that includes a cutblock that meets the requirements of that subsection if the district manager is of the opinion that a cutblock smaller than that specified in subsection (1) is required

(i) for hydrological reasons,

(ii) to manage wildlife values,

(iii) to manage recreation or scenic values, or

(iv) for other similar reasons, or

(b) approve a forest development plan that includes a cutblock that is larger than that specified in subsection (1)

(i) if

(A) harvesting is being carried out to recover timber that was damaged by fire, insects, wind or other similar events and wherever possible, the cutblock incorporates structural characteristics of natural disturbance, or

(B) the silvicultural system proposed for the area

(I) is other than clearcut or seed tree, and

(II) retains 40% or more of the pre-harvest basal area, or

(ii) if the district manager is of the opinion that the larger cutblock is designed to be consistent with the structural characteristics and the temporal and spatial distribution of natural openings.