Regulations - Forest Practices Code of BC Act TIMBER HARVESTING AND SILVICULTURE PRACTICES REGULATIONB.C. Reg. 352/2002 Part
1 – Definitions and Interpretation Definitions and interpretation 1 (1) Unless
otherwise indicated, words and expressions not defined in this regulation have
the meaning given to them in section 1 of the Operational and Site Planning
Regulation. (2) In this regulation: “applicable performance
standard” means the
specific level to which a person must perform a requirement of sections 16, 30,
31 or 32 on an area, (a) if the area is subject to a silviculture
prescription, as specified in the silviculture prescription, or (b) if the area is not subject to a silviculture
prescription, as specified for the area in a forest development plan; “direct tributary” means the reaches of a tributary stream
that have the same stream order as the most downstream reach of the tributary; “fisheries-sensitive zone” means a flooded depression, pond or swamp,
that (a) either perennially or seasonally contains
water, and (b) is seasonally occupied by a species of fish
listed in the definition of “fish stream” in the Operational and Site Planning
Regulation, but does not include a wetland or lake that has a
riparian management area established under Part 8 of the Operational and Site
Planning Regulation or a stream; “harvesting” means the practice of felling trees,
felling and removing trees, or the removal of dead or damaged trees from an
area; “known”, when used to describe a feature,
objective or other thing referred to in this regulation as known, means a
feature, objective or other thing that is (a) identified in an operational plan that applies
to the area, as a known objective, feature or thing, or (b) if there is no operational plan, (i) contained in a higher level plan, or (ii) otherwise identified or made available to a
person by the district manager, before the exemption of the operational plan or the
preparation of a site plan; “landing” means an area of land that has been
modified by equipment to make it suitable for accumulating logs before they are
transported; “silviculture treatment” means a treatment carried out individually
or as part of a regime of treatments to create the described post harvest stand
structure, site conditions or free growing stand conditions; “sidecast” means the act of moving excavated material
onto the downslope side of an excavated or bladed trail, or a landing, during
their construction. (3) If there is a conflict between the Workers Compensation Act or a regulation made under that Act and
this regulation, the Workers Compensation
Act or the regulation made under that Act prevails. (4) References in this regulation to the district
manager include references to a designated forest official authorized by the
district manager unless the context indicates otherwise. Part
2 – Variances and Authorizations Authority of
the district manager to vary a performance requirement 2 (1) A
holder of an agreement under the Forest
Act may submit to the district manager a request for a variance under this
section. (2) A request for a variance must specify all of the following: (a) the area for which the variance is requested; (b) the requirement of this regulation to which
the variance relates; (c) the proposed performance requirement; (d) a rationale for making the request. (3) On application by a holder under subsection (1), or with the
consent of the holder, the district manager may grant a variance, only if
satisfied that implementing the variance (a) will adequately manage and conserve the forest
resources on the area affected by the application, or (b) is in the public interest. (4) The district manager may not grant a variance to (a) an applicable performance standard that is
contained in a forest development plan or a silviculture prescription, or (b) a requirement under section 38 (2) (a), (c) or
(d). (5) The district manager may grant a variance subject to conditions. (6) If the district manager rejects an application for a variance, the
district manager must provide to the applicant a written rationale for the
rejection. Compliance with
notices, authorizations, conditions and variances 3 (1) A
holder of an agreement under the Forest
Act must comply with any notice, authorization, condition or variance made
or granted by the district manager to the holder under this regulation. (2) A variance or authorization made or granted under this regulation
is not affected by a subsequent amendment to a forest development plan, unless
the amendment specifically provides that it supersedes the variance or
authorization. Part 3 - Timber Harvesting and Related Forest
Practices Division 1 –
General Constraints Harvesting within community watersheds 4 (1) Subsections (2) and (3) apply to an area only
if (a) a terrain stability field assessment is
required to be carried out for the forest development plan or silviculture
prescription that applies to the area, or (b) the area has been exempted from the
requirement for a forest development plan or silviculture prescription, and a
terrain stability field assessment is required to be carried out as a condition
of the exemption. (2) A holder of an agreement under the Forest Act must not harvest an area that
is within a community watershed if the result of the terrain stability field
assessment indicates that the area is subject to a high likelihood of
landslides. (3) A holder of an agreement under the Forest Act must not clearcut an area
that is within a community watershed if the result of the terrain stability
field assessment indicates that the area is subject to a moderate likelihood of
landslides with a high risk of landslide debris entering directly into streams,
unless (a) the terrain stability field assessment
documents the assessor’s opinion that, based on the assessment, the assessor
has reasonable grounds to believe that clearcutting the area will not
significantly increase the risk of a landslide, or (b) the use of a clearcut silvicultural system has
been approved in a forest development plan or a silviculture prescription for
the cutblock. (4) A holder of an agreement under the Forest Act who is carrying out
harvesting in a community watershed must not, except to provide access to, or
to maintain, a community water supply intake, cut or damage a tree that is
closer than 100 m upslope of a known community water supply intake. (5) A holder of an agreement under the Forest Act who is carrying out
harvesting in a community watershed must protect known community water supply
intakes and infrastructures. (6) A holder of an agreement under the Forest Act who is carrying out
harvesting in a community watershed must not cause the quality of water to fail
to meet known water quality objectives. Harvesting on potentially unstable terrain 5 (1) Subsection (2) applies to an area only if (a) a terrain stability field assessment is
required to be carried out for the forest development plan or silviculture
prescription that applies to the area, or (b) the area has been exempted from the
requirement for a forest development plan or silviculture prescription, and a
terrain stability field assessment is required to be carried out as a condition
of the exemption. (2) A holder of an agreement under the Forest Act must not clearcut an area
that is outside a community watershed if the result of the terrain stability
field assessment indicates that the area is subject to a high likelihood of
landslides, unless (a) the terrain stability field assessment
documents the assessor’s opinion that, based on the assessment, the assessor
has reasonable grounds to believe that clearcutting the area will not
significantly increase the risk of a landslide and that there is a low
likelihood of landslide debris (i) entering into a fish stream or a perennial
stream that is a direct tributary to a fish stream, or (ii) causing damage to private property or public
utilities, including but not limited to roads, bridges, transmission lines,
pipelines, recreation sites or any other similar structures, or (b) the use of a clearcut silvicultural system has
been approved in a forest development plan or silviculture prescription for the
cutblock. (3) A holder of an agreement under the Forest Act who is carrying out
harvesting must not sidecast material onto slopes that have a high likelihood
of landslides. Harvesting adjacent to previously harvested cutblocks 6 (1) A
holder of an agreement under the Forest
Act may harvest a cutblock that is adjacent to a previously harvested
cutblock only if that previously harvested cutblock is greened-up. (2) Despite subsection (1), a holder of an
agreement under the Forest Act may
harvest a cutblock that is adjacent to a previously harvested cutblock that is
not greened-up, if the requirements in any of the following paragraphs are met: (a) the cutblock to be harvested is under a
licence to cut or Christmas tree permit, or the previously harvested cutblock
was harvested under a licence to cut or Christmas tree permit; (b) a partial cut silvicultural system is used
that retains trees in a uniform distribution throughout the cutblock to be
harvested, and 40% or more of the preharvest basal area will be retained; (c) a partial cut silvicultural system is used
that retains less than 40% of the preharvest basal area throughout the cutblock
to be harvested, and (i) before commencement of harvesting the district
manager has authorized, in writing, retention of less than 40% of the
preharvest basal area, and (ii) after completion of harvesting, either the
retained trees are uniformly distributed throughout the cutblock or the
cutblock is stocked with trees, and the average height of those trees that are
the tallest tree in each 0.01 hectare plot included in a representative sample
is at least 3 m, and the trees are a commercially valuable species or
other species acceptable to the district manager; (d) the total area of (i) the cutblock to be harvested, and (ii) the harvested cutblocks that are not
greened-up and that are adjacent to the cutblock to be harvested do not exceed the maximum size for cutblocks specified
or varied under section 11 of the Operational and Site Planning Regulation; (e) the harvesting of the cutblock is necessary to
achieve established visual quality objectives and the harvesting has been
approved in an operational plan; (f) the resultant opening has been authorized by
the district manager, in a written notice given to the person, on the grounds
that it will be consistent with the structural characteristics and the temporal
and spatial distribution of natural openings; (g) the proposed harvesting will recover timber
that was damaged by fire, insects, wind or other similar events and, wherever
possible, the cutblock to be harvested incorporates structural characteristics
of natural disturbance. Marking wildlife trees and wildlife tree patches 7 (a) 0.25 hectare or more, unless exempted by the district manager, or (b) less than 0.25 hectare, if required by the district manager. (3) A holder of an agreement under the Forest Act who is required to mark a
wildlife tree or wildlife tree patch under subsection (1) must ensure that
the marking is visible during harvesting and will remain visible for at least 6
months after the completion of harvesting. Division 2 -
Protection of Streams and Riparian Areas Harvesting adjacent to unidentified or incorrectly
classified 8 (1) A
holder of an agreement under the Forest
Act must not harvest or modify trees in a riparian reserve zone of a
stream, wetland or lake if the stream, wetland or lake has not been identified,
or has been given an incorrect riparian classification, in an operational plan,
except in accordance with section 9 (1), based on the correct classification. (2) For the purposes of subsection (1), a stream,
wetland or lake is not shown with an incorrect riparian classification in an
operational plan by reason only that the law that applied to the plan at the
time it was approved or given effect is subsequently changed, unless an
enactment specifically provides otherwise. (3) A holder of an agreement under the Forest Act who is harvesting in a
riparian management area for a stream, wetland or lake that has not been identified,
or that has been given an incorrect riparian classification, in an operational
plan, must harvest in a manner that is consistent with the general objectives
for riparian management zones for the correct riparian class of the stream,
wetland or lake, including the range of basal area retention, specified in a
forest development plan that includes the area. Felling or
modification of trees in a riparian reserve zone 9 (1) A
holder of an agreement under the Forest
Act must not fell or modify trees in a riparian reserve zone unless the
felling or modification has been (a) undertaking recreational facility management; (b) reducing windthrow potential by topping or pruning; (d) creating corridors for full suspension
yarding; (e) removing trees for the construction or
modification of a road under an approved road layout and design; (f) removing any tree that is hazardous to workers
because of location or lean, physical damage, overhead hazards, deterioration
of limbs, stems or root system or a combination of these; (g) carrying out sanitation treatments; (h) recovering trees that have been windthrown or
have been damaged by fire, insects, disease or other causes; (i) managing fisheries values or wildlife values; (j) carrying out any other similar activity. (2) Despite subsection (1), the holder of a licence to cut or of a free
use permit must not fell or modify trees in a riparian reserve zone unless the
harvesting or modification is approved for purposes related to the holder’s
right to use or occupy Crown land granted under the Land Act, Coal Act, Geothermal Resources Act, Mines Act, Mineral Tenure
Act, Mining Right of Way Act, Petroleum and Natural Gas Act or Pipeline Act. Constraining
slash and debris in and around aquatic environments 10 A holder of an agreement under the Forest Act who carries out harvesting or
a silviculture treatment must not deposit a volume of slash or debris, capable
of damaging fish habitat or reducing water quality, into any of the following: (a) a lake; (b) a wetland; (c) a fisheries-sensitive zone or a
marine-sensitive zone; (d) a fish stream; (e) a stream in a community watershed; (f) a stream with a known licensed domestic water
supply intake downstream of the area being treated; (g) a stream that (i) can transport the slash and debris into any of
the areas listed in paragraphs (a) to (f), or (ii) may be destabilized by the accumulated slash
and debris, resulting in increased sediment deposition in the areas listed in
paragraphs (a) to (f). Restricted operation of machinery 11 (1) A
holder of an agreement under the Forest
Act who carries out harvesting or a silviculture treatment must not permit
tracks or wheels of ground based machinery within 5 m of a stream bank
except in the following cases: (a) for carrying out fire fighting activities; (b) in response to natural disasters; (d) if operations will be conducted in a manner
that protects stream banks and minimizes damage to understory vegetation. (2) The district manager may exempt a holder of an
agreement under the Forest Act from
the requirements of subsection (1) if (a) the machinery is operated (i) to construct or maintain a range development
or utility, (ii) to construct or maintain a work or to carry
out an activity within or adjacent to streams for the purpose of controlling
soil erosion, protecting stream banks or managing fisheries or wildlife, or (iii) for an activity similar to one described in
subparagraphs (i) and (ii), or (b) in the opinion of the district manager, (i) no other practicable option exists for
carrying out the harvesting or silviculture treatment, or (ii) operating the machinery more than 5 m
from the stream bank will increase the risk of sediment delivery. (3) A holder of an agreement under the Forest Act who carries out harvesting or
a silviculture treatment must not fuel or service machinery in a riparian
management area of a stream or wetland or within 30 m of a lakeshore. (4) Subsection (3) does not apply on an approved
landing or road, or to machinery that is any of the following: (a) hand held; (b) required for fire fighting; (c) broken down and requires fuelling or servicing
to be moved; (d) authorized in a silviculture prescription to
be fuelled or serviced in the area. Yarding, skidding and log drop areas 12 (1) A
holder of an agreement under the Forest
Act who is carrying out harvesting must not yard or skid timber through or
over any fisheries-sensitive zone. (2) A holder of an agreement under the Forest Act who is carrying out
helicopter, balloon or another type of aerial harvesting must not use as a log drop
area (a) the littoral zone of a marine or fresh water
system, (b) water that is less than 10 m deep, or (c) a marine-sensitive zone. Maintaining stream bank stability 13 A holder of an agreement under the Forest Act who is carrying out harvesting
or stream cleaning, for purposes other than constructing or modifying 14 (1) A
holder of an agreement under the Forest
Act (a) protects the stream channel and stream bank
immediately above and below the stream crossing, and (b) mitigates disturbance to the stream channel
and stream bank at the crossing. (2) Without limiting subsection (1), the holder of
an agreement under the Forest Act
must carry out construction, repair or removal of a temporary stream crossing
and other operations in a fish stream in accordance with timing windows or
measures required to adequately manage and conserve aquatic resources provided
in writing by a designated environment official. (4) Despite subsection (3), if an approved road
layout and design applies to the temporary stream crossing the removal must be
in accordance with that road layout and design and with any approved
deactivation measures. 15 (1) A
holder of an agreement under the Forest
Act who harvests timber in a riparian management zone for a S4, S5 or S6
stream must retain a sufficient
number of those streamside trees whose crowns provide the shade to the stream
that is required to prevent the stream temperature from increasing if the
stream is a direct tributary to a S1, S2, S3 or S4 stream that is a known temperature sensitive stream. (2) A holder of an agreement under the Forest Act who harvests timber adjacent
to a S4, S5 or S6 stream that (a) is a direct tributary to a S1, S2 or S3 stream
or to a marine-sensitive zone, and (b) has trees that provide, or contribute
significantly to the maintenance of, stream bank or channel stability, or both, must retain, standing adjacent to the stream, the
number and distribution of the trees referred to in paragraph (b) that is
sufficient to maintain the stream bank or channel stability, or both, as the
case may be. Division 3 -
Protection of Non-Timber Resources 16 (1) A
holder of an agreement under the Forest
Act must ensure that the total area, in or adjacent to cutblocks, that is
occupied by wildlife trees is (a) at least the total area specified in the
applicable performance standard for the retention of wildlife trees, or (b) if there is no applicable performance
standard, for each calendar year, at least the proportion of the cutblock area
required as wildlife tree retention specified in chapter 3.2 of the 1999
Ministry of Forests and the Ministry of Environment, Lands and Parks
publication “Landscape Unit Planning Guide”. (2) A holder of an agreement under the Forest Act must ensure that the total amount of coarse woody debris
located on cutblocks in which harvesting is complete is at least the total
amount for cutblocks specified in the applicable performance standard, if any,
for retention of coarse woody debris. Protection of
resource features 17 The prescribed circumstances for the
purposes of section 51 (2) of the Act are that (a) the holder of an agreement under the Forest Act who is carrying out the
forest practice is the holder of a site plan required under section 21.1 of the
Act, (b) the resource feature is identified in the site
plan, and (c) the holder carries out forest practices on the
area in a manner that does not threaten the resource features referred to in
paragraph (b). 18 A holder of an agreement under the Forest Act who carries out harvesting or
a silviculture treatment in a known wildlife habitat area must carry it out in
accordance with known general wildlife measures that are (a) established for application within the
wildlife habitat area, and (b) made available to the person by the designated
environment official at the time the wildlife habitat area is made known. Minor salvage operations in specified areas 19 A holder of an agreement under the Forest Act must not carry out a minor
salvage operation in any of the following areas, unless harvesting the area has
been approved in a silviculture prescription or the person has received, in
writing, from the district manager, the terms and conditions that apply to the
carrying out of the minor salvage operation: (a) riparian management zones; (b) known forest ecosystem networks; (c) wildlife tree patches; (d) known old growth management areas; (e) known ungulate winter ranges. Harvesting in old growth management areas 20 A holder of an agreement under the Forest Act who is carrying out
harvesting in a known old growth management area must not clearcut in the area
unless (a) clearcutting the area has been approved in a
forest development plan, or (b) if there is no forest development plan that
includes the area, clearcutting the area has been authorized in writing by the
district manager, with or without conditions. Division 4 - Access
Structures Temporary landings, borrow pits or gravel pits under a site plan (2) A holder of an agreement under the Forest Act who constructs a temporary landing referred to in subsection (1) must ensure that the landing conforms with section 21. 21 A holder of an agreement under the Forest Act who is constructing a landing
must (a) construct it at least 30 m from a fish stream
or a stream in a community watershed, unless (i) there is no other practicable location for the
landing, (ii) constructing the landing closer to the stream will
not create a high risk of sediment delivery to the stream, and (iii) the district manager approves constructing the
landing less than 30 m distance from the stream, and (b) incorporate drainage systems to minimize
runoff flowing onto the landing and erosion of the landing fill and material. Deactivating landings that are permanent access
structures 22 (1) A
holder of an agreement under the Forest
Act must deactivate a landing that is a permanent access structure when the
landing is no longer required to facilitate harvesting operations. (2) A holder of an agreement under the Forest Act who is deactivating a landing
must (a) incorporate drainage systems to minimize
runoff flowing onto the landing and erosion of the landing fill and material,
and (b) carry out measures to ensure that the landing
is stable. Rehabilitating a temporary road or landing (a) constructs or modifies a road, or (b) constructs a landing
that is a temporary access structure for the purposes of carrying out a forest practice on an area, must rehabilitate the road or landing, as the case may be, (d) when specified in an operational plan for the area, or (e) if not specified in the operational plan, as soon as is practicable after the structure is no longer required for the forest practice. (2) A holder of an agreement under the Forest Act who is rehabilitating a road on an area under subsection (1), must (a) carry out the applicable measures specified in an operational plan for the area, or (b) if no applicable measures are specified in the operational plan, do all of the following: (i) decompact the road, including removing woody debris that is conducting or is likely to conduct subsurface moisture; (ii) place fill material that was sidecast on the excavated portion of the road; (iii) re-establish natural surface drainage; (iv) place some woody debris over exposed mineral soil; (v) revegetate exposed mineral soil. (3) A holder of an agreement under the Forest Act who is rehabilitating a landing on an area under subsection (1) must (a) carry out the applicable measures specified in an operational plan for the area, or (b) if no applicable measures are specified in the operational plan, do all of the following: (i) incorporate drainage systems to minimize runoff flowing onto the landing and erosion of the landing fill and material; (ii) carry out measures to ensure that the landing area is stable; (iii) decompact the landing area, including removing woody debris that is conducting or is likely to conduct subsurface moisture; (iv) spread retrievable soil material, that was displaced to construct the landing, over the surface of the landing; (v) re-establish natural surface drainage; (vi) place some woody debris over exposed mineral soil; (vii) revegetate exposed mineral soil. (4) The district manager may exempt a person who is required to rehabilitate a road or landing under this section if the district manager is satisfied that the rehabilitation is not necessary to ensure that the forest resources on the area will be adequately managed and conserved. (5)Without limiting subsection (4), a person who is required to rehabilitate a road or landing under this section is exempted if the person specified in an operational plan for the area that the road or landing would not be rehabilitated. Rehabilitating a temporary borrow pit or gravel pit (2) A holder of an agreement under the Forest Act who, on an area that is under a site plan, constructs a borrow pit or gravel pit that is a temporary access structure, is exempted from the requirements of section 47 (6.1) of the Act to rehabilitate the borrow pit or gravel pit. (3) The district manager may, by written notice, require a person who is exempted under subsection (1) or (2) to rehabilitate a borrow pit or gravel pit if the district manager is satisfied that the rehabilitation is necessary to ensure that the forest resources on the area will be adequately managed and conserved. (4) A person who receives a notice referred to in subsection (3), must comply with the requirements specified in the notice. Rehabilitating a corduroyed trail or compacted area (a) a silviculture prescription, or (b) a site plan constructs a corduroyed trail or creates a compacted area, is exempted from the requiremen | |||||||||||||||
(1)