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Regulations
- Forest Practices Code of BC ActWOODLOT
LICENCE FOREST MANAGEMENT REGULATION
Contents
B.C. Reg. 325/98 Deposited September 23, 1998
O.C. 1202/98 Effective November 30, 1998 (Consolidated to December 12, 2003)
- PART 1 Definitions and
Interpretation
- PART 2 Operational Plans
- PART 3 General Forest Practices
- PART 4 Roads
- PART 5 Harvesting Practices
- PART 6 Silviculture
- PART 7 Riparian Widths
- PART 7.1 Ungulate Winter Range and Identified Wildlife
- PART 8 Offences
- PART 9
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Compliance with plans and
authorizations |
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A holder of a woodlot licence must ensure that forest practices and requirements of this regulation are carried out in a manner consistent with all of the following: |
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(a) |
the objectives and specifications for the area contained in an operational plan, including an expired forest development plan referred to in section 9 (3); |
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(b) |
the results and measures specified in any assessment required under this regulation, or the holder must |
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(i) |
submit to the district manager the reason for any inconsistency with the results and measures, and |
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(ii) |
obtain the district managers written approval of the inconsistency, and the district manager may only give the approval if satisfied that the forest resources will be adequately managed and conserved; |
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(c) |
any authorizations, conditions or requirements specified by the district manager under this regulation; |
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(d) |
any requests of the district manager under this regulation. |
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District
managers included powers |
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(1) |
If, under this regulation, the district manager is empowered to establish an authorization, condition or requirement, the district manager is also empowered to establish the manner and timing for carrying out the authorization, condition or requirement. |
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(2) |
If the district manager exempts a holder of a woodlot licence from a requirement of the Act or this regulation, the district manager may make the exemption subject to conditions. |
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(3) |
The district manager may require a holder of a woodlot licence to establish a free growing stand on an area that has been exempted from the requirement to prepare a site plan, if there is additional harvesting in the vicinity of the area subject to the exemption. |
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General
wildlife measures |
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A holder of a woodlot licence must ensure that harvesting, road construction or modification and silviculture treatments are carried out in accordance with general wildlife measures established for application within a wildlife habitat area that |
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(a) |
is identified in an operational plan or road layout and design, if the general wildlife measures are made available to the holder by the district manager at least 4 months before the operational plan or road layout and design was submitted for approval, or |
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(b) |
is not identified in an operational plan or road layout and design, if |
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(i) |
at the time the wildlife habitat area is established no cutting permit or road permit has been issued, and |
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(ii) |
the Deputy Minister of Water, Land and Air Protection specifies that the general wildlife measures apply, and causes the measures to be made available to the holder. |
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Constraining slash and debris in and
around aquatic
environments
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A holder of a woodlot licence 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: |
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(a) |
a lake; |
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(b) |
a wetland; |
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(c) |
a fisheries-sensitive zone or a marine-sensitive zone; |
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(d) |
a fish stream; |
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(e) |
a stream in a community watershed; |
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(f) |
a stream, if a licensed domestic water supply intake has been identified in the forest development plan as being downstream of the harvesting or silviculture treatment; |
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(g) |
a stream that |
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(i) |
can transport the slash and debris into any of the areas listed in paragraphs (a) to (f), or |
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(ii) |
may be destabilized by the accumulated slash and debris and result in increased sediment deposition in the areas listed in paragraphs (a) to (f). |
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Restrictions on use of
machinery |
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(1) |
A holder of a woodlot licence must ensure that the tracks or wheels of ground based machinery used in carrying out harvesting, road construction or modification, or silviculture treatments are not permitted within 5 m of a stream bank except for any of the following: |
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(a) |
for carrying out fire fighting activities; |
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(b) |
in response to natural disasters; |
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(c) |
at stream crossings identified in an operational plan or otherwise authorized in writing by the district manager; |
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(d) |
if operations will be conducted in such a manner that they protect stream banks and minimize damage to understory vegetation; |
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(e) |
if approved in an operational plan or otherwise authorized in writing by the district manager, to |
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(i) |
construct or maintain a range development, |
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(ii) |
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 |
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(iii) |
carry out an activity similar to one described in subparagraph (i) or (ii); |
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(f) |
if in the opinion of the district manager |
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(i) |
no other practicable option exists, or |
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(ii) |
operating the machinery more than 5 m from the stream bank will create a higher risk of sediment delivery. |
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(2) |
A holder of a woodlot licence must ensure that machinery used in carrying out harvesting, road construction or modification or a silviculture treatment is not fuelled or serviced within the riparian reserve zone or riparian management zone of a stream or a wetland or within 30 m of a lakeshore unless |
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(a) |
authorized, in writing, by the district manager, or |
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(b) |
the machinery is |
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(i) |
on an approved road or landing, |
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(ii) |
hand held, |
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(iii) |
required for fire fighting, or |
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(iv) |
broken down and requires fuelling or servicing to be moved. |
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Restrictions on harvesting or modification
of trees in riparian
reserves
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A holder of a woodlot licence who carries out harvesting or silviculture treatments must not harvest, fell or modify trees in an area that is a riparian reserve zone unless the harvesting, felling or modification |
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(a) |
is authorized under section 2 (5), or |
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(b) |
has been specified in an operational plan or otherwise authorized by the district manager and is for one or more of the following purposes: |
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(i) |
undertaking recreational facility management; |
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(ii) |
reducing windthrow potential by topping or pruning; |
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(iii) |
creating corridors for full suspension yarding; |
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(iv) |
removing trees for stream crossings, including roads; |
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(v) |
removing trees for the construction or modification of a road; |
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(vi) |
carrying out constructing, modifying or maintaining a range development; |
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(vii) |
removing any tree that is hazardous to workers because of location, direction of lean, physical damage, overhead hazards, deterioration of limbs, stems or root system or a combination of these; |
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(viii) |
recovering trees that have been windthrown or have been damaged by fire, insects, disease or other causes; |
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(ix) |
carrying out sanitation treatments; |
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(x) |
managing fisheries values or wildlife values; |
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(xi) |
any other similar purpose. |
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Forest
practices within community watersheds
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A holder of a woodlot licence must ensure that harvesting, road construction or modification, and silviculture treatments in a community watershed |
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(a) |
protect community water supply intakes and infrastructures identified in a forest development plan, |
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(b) |
do not cut or damage a tree that is closer than 100 m upslope of a community water supply intake identified in a forest development plan, except to |
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(i) |
provide access to, or to maintain, a community water supply intake, or |
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(ii) |
establish a range fence, if the district manager has consented, in writing, to the cutting or damage on being satisfied that |
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(A) |
there is no practicable alternative location, and |
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(B) |
the range fence is compatible with the use of the community water supply intake, and |
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(c) |
do not cause the quality of water to fail to meet water quality objectives that are |
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(i) |
specified in a forest development plan, or |
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(ii) |
established by the Ministry of Water, Land and Air Protection and made available to the holder at least 4 months before the harvesting, road construction or modification, or silviculture treatment takes place. |
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Limits on area that may be occupied
by
permanent access structures
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(1) |
The maximum proportion of the total area within a cutblock that may be occupied by permanent access structures is |
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(a) |
the amount specified for the area in an operational plan, or |
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(b) |
7% if there is no amount specified for the area in an operational plan. |
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(2) |
A holder of a woodlot licence must not exceed the limit for permanent access structures specified in subsection (1). |
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(3) |
If the limit for permanent access structures specified in subsection (1) is exceeded, the holder of the woodlot licence must |
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(a) |
promptly notify the district manager, and |
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(b) |
carry out any site rehabilitation measures required by the district manager. |
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Limits
on area that may be occupied by soil
disturbance
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(1) |
The maximum proportion of any standards unit within the net area to be reforested that may be occupied by soil disturbance is |
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(a) |
the amount specified in a forest development plan or site plan, if an assessment of the following hazards has been carried out and documented in the plan: |
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(i) |
soil compaction hazard; |
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(ii) |
soil erosion hazard; |
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(iii) |
soil displacement hazard, or |
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(b) |
5%, if the requirements of paragraph (a) have not been met. |
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(2) |
Repealed. [B.C.Reg. 350/2002, Sch. K] |
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(3) |
A holder of a woodlot licence must not exceed the limit for soil disturbance specified in subsection (1). |
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(4) |
If the limit for soil disturbance specified in subsection (1) or in a silviculture prescription is exceeded, the holder of the woodlot licence must |
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(a) |
promptly notify the district manager, and |
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(b) |
carry out any site rehabilitation measures required by the district manager. |
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