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Regulations
- Forest Practices Code of BC ActOPERATIONAL AND SITE PLANNING REGULATION
PART 3 - FOREST DEVELOPMENT PLANS
Division 2 - Mapping and Assessments
B.C. Reg. 107/98 Deposited April 2, 1998
O.C. 0426/98 effective June 15, 1998 (Consolidated to December 12, 2003)
- 12. (1) A
person must not submit for approval, and the district manager must
not give effect to, a forest development plan that proposes timber
harvesting or road construction or modification operations, on an
area within a community watershed, unless a terrain stability
hazard map and soil erosion potential map for that part of the
forest development plan that is within the community watershed has
been completed.
(2) Subsection (1) applies
(a) on or after
June 15, 2000, if the area became a community watershed under
section 41 (8) (a) of the Act, or
(b) if the area is designated as a community watershed under section 41 (10) of the Act,
on or after
(i) the date
specified in the designation which must be less than 5 years
from the date of the designation, or
(ii) 5 years from the date of the designation, if no date is specified.
(3) The mapping referred to in subsection (1) must have been carried out by a qualified
registered professional.
- 13. Before making a forest development plan available for review under section
27, a person must
(a) record and
evaluate the occurrence of detected forest health factors
currently causing damage or which may potentially cause damage
in the area under the plan, and
(b) conduct a forest health assessment, if required by the district manager, to determine
the nature and extent of the forest health factors.
- 14. (1) Subject to subsections (3), (4) and (5), before making a forest
development plan available for review under section 27, a person must have carried out a
watershed assessment within the previous 3 years of the submission date for the following
areas under the plan:
(a) a community
watershed;
(b) a watershed
that has significant downstream fisheries values or licenced
domestic water users and significant watershed sensitivity as
determined by a designated environment
official;
(c) a watershed for which the district manager determines an assessment is necessary.
(2) A watershed assessment under subsection (1) must be carried out in accordance with
(a) the Ministry
of Forests' publication titled, "Coastal Watershed Assessment
Procedure Guidebook", as amended from time to time, for areas on
the Coast, and in accordance with the Ministry of Forests'
publication titled, "Interior Watershed Assessment Procedure
Guidebook", as amended from time to time, for areas in the
Interior, or
(b) any other procedure approved by the district manager if the district manager is satisfied that this procedure will produce similar results to
those intended by the guidebook.
(3) Repealed [B.C. Reg. 201/2002]
(4) The district manager, in a notice given to a person, may, for a period of time
specified in the notice, relieve the person of the requirements of subsection (1) if the
person proposing to carry out timber harvesting or road construction or modification
operations satisfies the district manager that
(a) the volume
of timber proposed for harvesting or the amount of proposed road
construction or modification would not affect the watershed in a
significant way, or
(b) the person is unable to carry out the requirements of subsection (1) because
(i) before
December 1, 1998 the district manager, or his or her staff,
notified the person that it would be reasonable to refrain
from doing a watershed assessment until the guidebook,
referred to in subsection (2), was amended, and the amended
guidebook was not made available in time for the person to
reasonably be expected to comply with subsection (1),
(ii) the
results and recommendations of a watershed assessment have not
been provided to the person in time for the person to
reasonably be expected to comply with subsection (1), or
(iii) the person is prevented from carrying out the requirements of subsection (1) for a
reason that is similar to those referred to in subparagraphs (i) and (ii).
(5) The district manager, in a notice given to a person, may require the person to carry
out a new watershed assessment before making the forest development plan available for
review under section 27 if, since the date on which the most recent watershed assessment
was carried out,
(a) there has
been a significant amount of terrain instability within the
watershed, or
(b) the extent of timber harvesting or road construction or modification operations within
the watershed has been significantly greater than was considered in the assessments
because of expedited major salvage or emergency harvesting operations.
(6) Information
required by this section is not part of the forest development
plan.
(7) Subsection (4) (b) does not apply after December 15, 2000.
- 15. (1) Before making a forest development plan available for review under section
27, a person must carry out a riparian assessment to identify the riparian class of those
streams, wetlands and lakes that are located in a community watershed and that
(a) are shown on
a reconnaissance fish and fish habitat inventory map, forest
cover map or a terrain resource inventory map, and
(b) either
(i) are in or
adjacent to a proposed cutblock, or
(ii) could directly impact on or be impacted by
proposed road construction or by the proposed replacement of a bridge or major culvert.
(2) Repealed [B.C. Reg. 201/2002]
- 16. (1) Before a cutting permit may be applied for, in respect of a cutblock in a community watershed, a terrain stability field assessment for
the cutblock must be completed if the cutblock is located in an area identified in the
forest development plan as having any of the following characteristics:
(a) a moderate
or high likelihood of landslides;
(b) unstable or
potentially unstable terrain;
(c) a slope
gradient greater than 60%;
(d) an area identified by the district manager as requiring a terrain stability field assessment.
(2) The assessment under subsection (1) is not required if
(a) all the following conditions are met:
(i) the
cutblock is in an area identified in the forest development
plan as having a moderate likelihood of landslides;
(ii) the area
is located in the Interior;
(iii) the
proposed timber harvesting method is cable or aerial;
(iv) if the
cutblock is located in a community watershed, the cutblock
will not be clearcut;
(v) no excavated or bladed trail will be constructed, or
(b) the assessment has been carried out for the purpose of locating a road and the
assessment included the area to be harvested.
(3) The assessment under subsection (1) is not required for an amendment to a forest
development plan that relates to areas with a moderate likelihood of landslides or
potentially unstable terrain, if the proposed harvesting is for the purposes of
(a) an emergency
operation under section 27 (6), or
(b) an expedited major salvage operation if the district manager is satisfied that there is insufficient time to carry out the assessment
before making the forest development plan available for review under section 27 (4) and
meet the objectives of the operation.
(4) Information required by this section is not part of the forest development plan.
- 17. (1) A terrain stability field assessment must be completed before a cutting
permit may be applied for, if the cutblock is located in an area other than an area
referred to in section 16, and if the area is identified in the forest development plan as
having
(a) a high
likelihood of landslides,
(b) unstable
terrain, or
(c) a slope gradient greater than 60%.
(2) Information required by this section is not part of the forest development plan.
Prescribed forest resources
 17.1 For the purposes of section 10 (1) (c) (ii) of the Act, the prescribed forest resources are those forest resources that
(a) are located in the area under the forest development plan,
(b) may be adversely impacted by the proposed activity, and
(c) are made known to the person required to prepare the forest development plan.
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