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Regulations - Forest Practices Code of BC Act

WOODLOT 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

SCHEDULE A – Stocking Standards

 

 

PART 5 - HARVESTING PRACTICES









Wildlife tree retention
  58 (1) NEWOn request of a resource agency,NEW a holder of a woodlot licence must make a comprehensive plan for wildlife tree retention or a comprehensive strategy for wildlife tree retention available to the resource agencies for the purposes of auditing.
  (2) A holder of a woodlot licence, who receives authority to harvest wildlife trees or trees that are in a wildlife tree patch, must amend
  (a) the comprehensive plan for wildlife tree retention, or
  (b) the comprehensive strategy for wildlife tree retention
      to replace the trees that will be harvested with trees of equal or better wildlife tree value.
  (3) Repealed.   [B.C.Reg. 350/2002, Sch. K]
NEW (4) Nothing in subsection (2) requires a holder of a woodlot licence to make an amendment under that subsection if
  (a) the comprehensive plan for wildlife tree retention, or
  (b) the comprehensive strategy for wildlife tree retention
  specifies how wildlife trees, or trees that are in a wildlife tree patch, that are harvested will be replaced.NEW









Repealed
  59   Repealed.    [B.C. Reg. 18/2001, Sch. 3]









Harvesting on sensitive slopes
within community watersheds
  60 (1) The provisions of this section do not apply to harvesting that is necessary to construct or modify a road.
  (2) The holder of a woodlot licence must not harvest an area within a community watershed that is subject to a high likelihood of landslides.
  (3) The holder of a woodlot licence must not sidecast material onto slopes in a community watershed that have a high likelihood of landslides.
  (4) The holder of a woodlot licence must not clearcut an area that is within a community watershed that is subject to a moderate likelihood of landslides and a high risk of landslide debris entering directly into streams, unless a 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.
  (5) The holder of a woodlot licence must not construct an excavated or bladed trail on an area within a community watershed that is subject to a moderate likelihood of landslides, unless the result of a terrain stability field assessment documents the assessor’s opinion that, based on the assessment, the assessor has reasonable grounds to believe that
  (a) the excavated or bladed trail can be located, constructed and rehabilitated in a manner that will not significantly increase the risk of a landslide, and
  (b) there is a low likelihood of landslide debris
  (i) entering into a perennial stream in a community watershed, 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.
  (6) Without limiting subsection (5) a holder of a woodlot licence must not construct an excavated or bladed trail on an area that is within a community watershed if
  (a) the soil erosion hazard and risk of sediment delivery to streams have not been assessed, or
  (b) the results of the soil erosion hazard assessment and risk of sediment delivery to streams assessment indicate that both of the following conditions are met:
  (i) the soil erosion hazard is high or very high, and
  (ii) the risk of sediment delivery to streams is moderate, high or very high.









Harvesting on sensitive slopes outside
of community watersheds
  61 (1) The provisions of this section do not apply to harvesting that is necessary to construct or modify a road.
  (2) The holder of a woodlot licence must not clearcut an area that is outside a community watershed that is subject to a high likelihood of landslides, unless a 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
  (a) entering into a fish stream or a perennial stream that is a direct tributary to a fish stream, or
  (b) 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.
  (3) The holder of a woodlot licence must not construct an excavated or bladed trail on an area that is outside a community watershed and that is subject to a high likelihood of landslides.
  (4) The holder of a woodlot licence must not construct an excavated or bladed trail on an area that is outside a community watershed that is subject to a moderate likelihood of landslides, unless a terrain stability field assessment documents the assessor’s opinion that, based on the assessment, the assessor has reasonable grounds to believe that
  (a) the excavated or bladed trail can be located, constructed and rehabilitated in a manner that will not significantly increase the risk of a landslide, and
  (b) 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.
  (5) The holder of a woodlot licence must not sidecast material onto slopes that have a high likelihood of landslides.









Excavated or bladed trails
  62 (1) For purposes of section 68 (1) (c) of the Act, the holder of a woodlot licence need not obtain the consent of the district manager before constructing an excavated or bladed trail if the holder obtained written authorization from the district manager for that construction before this subsection comes into force.
  (2) A holder of a woodlot licence must ensure that excavated or bladed trails are constructed to achieve all of the following:
  (a) to prevent subsurface seepage water from being diverted onto sensitive slopes or into stream channels or gullies that would not naturally have received the water;
  (b) to maintain stability of cut slopes and fill slopes;
  (c) to maintain surface drainage patterns;
  (d) to facilitate any rehabilitation treatments required under subsection (3) or (5);
  (e) to minimize soil erosion and the amount of sediment entering streams.
  (3) A holder of a woodlot licence who, before December 15, 1999, constructs or modifies an excavated or bladed trail that is not a permanent access structure must rehabilitate the area occupied by the excavated or bladed trail in accordance with subsection (6), if the trail is located on an area that
  (a) has a moderate or high likelihood of landslides, a high or very high soil erosion hazard, or for which the soil erosion hazard has not been documented in an operational plan, or
  (b) is within a community watershed.
  (4) A holder of a woodlot licence is exempt from section 67 of the Act and section 30 of this regulation to act in accordance with the silviculture prescription or logging plan to the extent that the prescription or plan contains a requirement for rehabilitating an excavated or bladed trail that is both
  (a) constructed or modified before December 15, 1999, and
  (b) not located on an area referred to in subsection (3).
  (5) A holder of a woodlot licence who, on or after December 15, 1999, constructs or modifies an excavated or bladed trail that is not a permanent access structure must rehabilitate the area occupied by the trail in accordance with subsection (6).
  (6) Excavated or bladed trails requiring rehabilitation under subsection (3) or (5) must be rehabilitated
  (a) by
  (i) carrying out to the satisfaction of the district manager all of the following:
  (A) decompacting the running surface, unless the soil is sand, loamy sand, or contains in excess of 70% coarse fragments by volume;
  (B) placing sidecast fill material on the excavated portion of the trail;
  (C) recontouring the slope;
  (D) re-establishing surface drainage patterns;
  (D.1) revegetating exposed mineral soil;
  (E) scattering woody debris on exposed mineral soil surfaces, or
  (ii) carrying out other measures approved in an operational plan or otherwise authorized in writing by the district manager, and
  (b) by completing the rehabilitation before or immediately following the conclusion of harvesting, or within another time that is approved in the operational plan for the area or is authorized in writing by the district manager.
  (7) The district manager may exempt a holder from the requirement to rehabilitate an area occupied by an excavated or bladed trail under subsection (3) or (5) on the grounds that
  (a) the area is too small to warrant rehabilitation,
  (a.1) the trail is on a proposed road location,
  (b) rehabilitating the area is unlikely to restore productivity to an acceptable level, or
  (c) rehabilitating the area will create an unacceptable risk of further damage or harm to, or impairment of, forest resources.









Excavated and bladed trails may be constructed
  62.01   Subject to sections 13.1, 60 to 62, a holder of a woodlot licence may construct an excavated or bladed trail on an area if
NEW (a) the area is under
  (i) a site plan or the holder has been exempted from the requirement to prepare a site plan for the area, and
  (ii) a cutting permit, andNEW
  (b) constructing the trail will not result in the maximum limit for soil disturbance for the area being exceeded.









Requirement to rehabilitate a road that
is not a permanent access structure
  62.1 (1) A holder of a woodlot licence must complete rehabilitation of a road that is not a permanent access structure before or immediately following the conclusion of harvesting, or within another time that is approved in the operational plan for the area or is authorized in writing by the district manager.
  (2) Unless otherwise approved in an operational plan, or authorized by the district manager in writing with or without conditions, a holder of a woodlot licence rehabilitating a road must do all of the following:
  (a) carry out measures to ensure that the area that was occupied by the road prism is stable, and that sediment delivery to streams is minimized;
  (b) decompact the soil below the road surface;
  (c) spread retrievable soil material that was displaced to construct the road over the surface of the road;
  (d) re-establish natural surface drainage;
  (e) revegetate exposed mineral soil.









Requirements for access trails
  62.2 (1) A holder of a woodlot licence who creates an access trail must carry out whatever measures are necessary on an access trail to
  (a) maintain natural surface drainage,
  (b) minimize soil erosion and the amount of sediment entering streams, and
  (c) prevent subsurface seepage water, intercepted by the trails, from being diverted into areas that would not naturally have received the water, and that are
  (i) sensitive slopes, or
  (ii) stream channels or gullies.
  (2) If a holder of a woodlot licence has been granted an exemption under section 22.01 (2), the holder is exempt from the requirement to obtain the consent of the district manager, under section 68 of the Act, to construct an excavated or bladed trail to facilitate the harvesting of bark beetle infested timber or timber damaged by wind.









Landings
  63 (1) A holder of a woodlot licence must construct landings at least 30 m from a fish stream or a stream in a community watershed unless
  (a) there is no other practicable location for the landing,
  (a.1) the landing construction incorporates drainage systems to minimize runoff flowing onto the landing fill and material,
  (b) constructing the landing closer to the stream will not create a higher risk of sediment delivery to the stream, and
  (c) the landing is identified in an operational plan as being closer than 30 m to the stream.
  (2) If the requirement to rehabilitate a landing is specified in an operational plan, the holder of a woodlot licence must
  (a) carry out the rehabilitation measures specified in the operational plan, or
  (b) if rehabilitation measures are not specified in the operational plan or otherwise authorized in writing by the district manager, 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 is stable;
  (iii) decompact the landing area;
  (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) scatter woody debris on exposed mineral soil surfaces;
  (vii) revegetate exposed mineral soil.









Restrictions on harvesting
in gullies on the Coast
  64 (1) In this section “gully” means an area containing a stream where
  (a) the overall stream gradient is at least 25%, and
  (b) a reach of that stream, greater than 100 m long, has
  (i) a side wall greater than 3 m,
  (ii) a side slope greater than 50%, and
  (iii) a stream channel gradient greater than 20%;
  (2) Before a holder of a woodlot licence carries out harvesting in a gully that is on the Coast,
  (a) the holder must submit the results of a gully assessment, carried out in accordance with the Gully Assessment Procedure Guidebook, that provides measures to ensure that the harvesting activity will
  (i) protect gully banks from erosion,
  (ii) minimize damage to the understory, and
  (iii) not increase sediment and debris transport potential, and
  (b) the district manager must determine that the harvesting will adequately manage and conserve the forest resources of the area.









Restrictions on minor harvesting operations or
minor salvage operations in sensitive ecosystems
  65   A holder of a woodlot licence must not carry out minor harvesting operations or minor salvage operations
  (a) in a riparian management zone, or
  (b) in any of the following areas identified in an operational plan:
  (i) wildlife tree patches;
  (ii) forest ecosystem networks;
  (iii) old growth management areas;
  (iv) ungulate winter ranges
      unless the holder has received in writing from the district manager the terms and conditions that apply to the harvesting operations.









Harvesting adjacent to streams, wetlands and
lakes not identified or incorrectly classified
  66   Despite section 30, if a stream, wetland or lake was not identified or was incorrectly classified in an operational plan,
  (a) the riparian reserve zone and riparian management zone have the widths established in Part 7, and
  (b) a holder of a woodlot licence must not carry out harvesting within
  (i) the riparian reserve zone except in accordance with an approval under section 35, based on the correct classification, or
  (ii) the riparian management zone, except in accordance with the district manager’s written authorization, and the district manager may give the authorization only if satisfied, based on the correct classification, that the harvesting will adequately manage and conserve the forest resources.









Repealed
  67   Repealed.   [B.C.Reg. 350/2002, Sch. K]









Temporary stream crossings
  68   A holder of a woodlot licence carrying out harvesting must comply with all of the following:
  (a) Repealed.   [B.C.Reg. 350/2002, Sch. K]
  (b) locate, design, construct, use, repair and remove temporary stream crossings in a manner that
  (i) protects the stream channel and stream bank immediately above and below the stream crossing, and
  (ii) mitigates disturbance to the stream channel or stream bank at the crossing;
  (c) locate, design, construct, use, repair and remove temporary stream crossings in a manner that is consistent with timing windows and measures made available by the designated environment official, if the crossing is for a fish stream;
  (d) remove all temporary stream crossings at the completion of harvesting, unless otherwise directed by the district manager.









Maintaining stream bank stability
  69   A holder of a woodlot licence carrying out harvesting or stream cleaning, for purposes other than constructing or modifying an authorized stream crossing, must not remove stable natural material that is in a stream or that is embedded in a stream bank, or a root system that contributes to stream bank stability and fish habitat.









Restrictions on the location of helicopter
or balloon log drop areas
  70   A holder of a woodlot licence must not locate an aerial harvesting log drop area in
  (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.









Felling, yarding and skidding
  71   A holder of a woodlot licence must ensure that timber is
  (a) felled onto a stream, lake, wetland, marine-sensitive zone or fisheries-sensitive zone, only if
  (i) approved in an operational plan or otherwise authorized in writing by the district manager, or
  (ii) it is the only practicable way that the timber can be felled for worker safety, or
  (b) yarded or skidded through or over any stream or fisheries-sensitive zone, only if approved in an operational plan or otherwise authorized in writing by the district manager.









Landing and roadside slash accumulations
  72   Unless otherwise authorized by the district manager, a holder of a woodlot licence must burn the combustible slash that accumulates at landings and roadside work areas within the following time periods:
  (a) if the slash is insect-infested, before the insects emerge;
  (b) if the slash is not insect-infested, before the end of the first burning season after harvesting is completed.









Rehabilitation of compacted
areas and corduroyed trails
  73 (1) Unless subsection (3) applies, the holder of a woodlot licence must complete the rehabilitation of compacted areas and areas occupied by corduroyed trails to the satisfaction of the district manager
  (a) within the time frame specified by the district manager, or
  (b) if no time frame is specified under paragraph (a), before or immediately following the conclusion of harvesting.
  (2) A holder of a woodlot licence who is required to rehabilitate a corduroyed trail or compacted area must rehabilitate the trail or area to the extent necessary to
  (a) establish a free growing stand on the area,
  (b) re-establish natural surface drainage, and
  (c) minimize sediment delivery to streams.
  (3) The district manager may exempt the holder of a woodlot licence from the requirement in subsection (1) on the grounds that
  (a) the area is too small to warrant rehabilitation,
  (b) rehabilitating the area is unlikely to restore productivity to an acceptable level, or
  (c) rehabilitating the area will create an unacceptable risk of further damage or harm to, or impairment of, forest resources.









Protecting the environment
  73.1 (1) For the purposes of section 45 (3) (b) of the Act, “inordinate soil disturbance” means soil disturbance that results in the district manager requiring rehabilitation of soil under
  (a) section 48 (1) of the Act, or
  (b) section 38 (4) of this regulation.
  (2) For the purposes of section 45 (3) (c) of the Act, “significant damage” means any damage to a lake, stream or other watercourse that results from the deposit of a petroleum product or a fluid used to service logging equipment.

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