Higher Level Plans: Policy and Procedures

2.0 Planning and the Forest Practices Code: An Overview

2.1 The Provincial Context

The provincial government has introduced the Forest Practices Code as an important component of its overall, integrated strategy for land use planning and resource management in British Columbia. The Code introduces a number of new forest planning approaches and redefines others. Code development was guided by the desire to build on the many established planning processes and recent planning improvements.

This principle will ensure that valuable direction from regional plans, land and resource management plans and local resource use plans can be incorporated into the Code framework. These plans are prepared outside of the Forest Practices Code under other legislation or policy; however, through the concept of higher level plans, they can serve to legally influence forest practices under the Code. The Lieutenant Governor in Council, the ministers, the chief forester, regional managers, district managers and designated environment officials are now legally mandated to forge this link between the Code and the broader provincial planning framework.

Planning under the Forest Practices Code is separated into two levels: higher level planning and operational planning. Higher level plans include those plans specified in Part 2 of the Act – Strategic Planning, Objectives and Standards – and plans produced under certain non-code legislation or policy as specified in section 1(1) of the Act. Figure 1 illustrates all higher level plans referenced by the Forest Practices Code on the basis of the legal agent who declares, establishes or designates each plan. The links between higher level plans and operational plans is described below.

2.2 Higher Level Plans Defined

Higher level plans establish the broader, strategic context for operational plans, providing objectives that determine the mix of forest resources to be managed in a given area. They fall into two categories:

1. Plans that are directly enabled through Part 2 of the Forest Practices Code of British Columbia Act. These include objectives for the following:

resource management zones
landscape units
sensitive areas
interpretive forest sites, recreation sites and recreation trails.

Figure 1. Establishing, declaring and designating higher level plans under the Forest Practices Code.

Table 1 describes potential uses for this group of higher level plans. Under legislation, objectives for sensitive areas as well as sites and trails may be established on all Crown lands while objectives for resource management zones and landscape units apply to those Crown lands that are in a provincial forest. (Note that this restriction applies to the objectives only and that the boundaries for the zone or landscape unit may include land outside the provincial forest.)

2. Plans that are developed under non-Code legislation or policy.
These include the following:

plans or agreements declared to be higher level plans by the Lieutenant Governor in Council (also referred to as Cabinet) or the ministers
plans formulated pursuant to section 4(c) of the Ministry of Forests Act, which are designated as higher level plans by the district manager in accordance with direction from the chief forester
management plans, which may be designated as higher level plans by the chief forester for tree farm licences, and by the regional manager for other agreements under the Forest Act.

This second group of plans, except certain management plans, may be designated or declared for all Crown land.

In a broader sense, higher level plans refer to plans, agreements or objectives as defined in the Forest Practices Code. They are a "higher level" relative to operational plans and are the primary source of objectives that play an important role in determining the forest practices described in an operational plan. A plan such as the Kamloops Land and Resource Management Plan may be approved as government policy. However, this approval does not make it a higher level plan. It, or a portion of the plan, must first be formally declared by the Lieutenant Governor in Council or the ministers as a higher level plan before the provisions of the Code concerning these plans can apply. The same general concept (with different approving authorities) applies to other higher level plans.

2.3 A Hierarchy of Higher Level Plans

With the exception of resource management zones, landscape units and sensitive areas, the Act itself does not set up a hierarchy among higher level plans. The chief forester's direction to district managers and to some extent the chief forester's own policies respecting his powers to create higher level plans, as outlined in this document, have set up a hierarchy (Figure 2). However, there is no requirement for plans higher in the hierarchy to be completed in order to do plans that are lower in the hierarchy.

Figure 2. Hierarchy of higher level plans.

Plans lower in the hierarchy should be consistent with plans higher in the hierarchy in the same manner that operational plans must be consistent with higher level plans.

Consistency means that management objectives in one plan that direct on-the-ground activities cannot conflict with management objectives in another plan. Consistency does not mean that one higher level plan provides specific direction on how another higher level plan will be prepared.

Direction on the preparation of higher level plans can only be provided if authorized by legislation. For example, the chief forester may direct the district manager on the process for establishing landscape units, or an authorized decision-maker, such as the district manager, may write policy to guide future decision-making.

2.4 The Emerging Roles of Higher Level Plans

Based on early experience, the two most prominent higher level plans that are emerging are higher level plans declared by the Lieutenant Governor in Council or ministers, and landscape unit objectives. Between them, these two types of plans have the potential to establish the majority of the social and environmental objectives that form the foundation of operational planning.

The designation of management plans and plans prepared pursuant to section 4(c) of the Ministry of Forests Act as higher level plans is geared towards integrating pre-Code plans into the Code planning framework. The establishment of resource management zones by the chief forester may be infrequent if higher level plans declared by the Lieutenant Governor in Council or the ministers accomplish essentially the same thing.

Sensitive areas are emerging as a "spot zoning" tool. They can be applied to small areas of unique or sensitive forest resources. In this role, sensitive areas will complement the broader, more integrated planning of landscape units and plans declared by the Lieutenant Governor in Council or the ministers.

Interpretive forest sites, recreation sites and recreation trails are a unique type of higher level plan dealing with very specific forest resources and their use.

2.5 The Links Between Operational Plans and Higher Level Plans
– DISCLAIMER –

2.5.1 Context

The management and use of Crown land in a provincial forest (about 93% of all Crown land that is covered by the Act) and private land in a tree farm or woodlot licence must be consistent with the purposes laid out in section 2 of the Act:

timber production, utilization and related purposes
forage production, and grazing by livestock and wildlife
recreation, scenery and wilderness purposes
water, fisheries, wildlife, biological diversity and cultural resource purposes
any purpose permitted by or under the regulations.

These purposes provide the context or broadest level of objectives for managing forest resources for most of the Crown land covered by the Act. Forest resources means resources and values associated with forests and range, including without limitation:

timber
water
wildlife
fisheries
recreation
botanical forest products
forage
biological diversity.

In the case of agreement holders, their agreements under the Forest Act or the Range Act grants them rights to specific forest resources and authority to carry out broadly described forest practices. These forest practices may include some of the following, which are also defined in the Act:

timber harvesting
road construction, maintenance, use or deactivation
silviculture treatments
botanical forest product collecting
grazing or hay cutting
fire use, control and suppression
other activities.

Generally, before agreement holders or, in some cases, government can engage in these forest practices, they are required under the Forest Practices Code of British Columbia Act to submit operational plans (see sections 19(1), 21(1), 22(3), 24(2), 26(2), 27(1)).

Operational plans provide a description of forest resources and the location, timing and description of forest practices for the management, use and conservation of these resources. The application of forest practices is regulated under Part 4 of the Act as well as addressed in guidebooks. Furthermore, the management and use of forest resources and the application of forest practices must be consistent with the purposes or objectives laid out in section 2 of the Act and listed above.

Before an operational plan is prepared for an area, it is first appropriate to more clearly determine which purposes or objectives from the list provided are allowed. The Code uses the concept of higher level plans as the main vehicle for this focusing or selection of objectives. Because operational plans must be consistent with higher level plans, the forest practices described in an operational plan must be tailored to be consistent with the objectives that are provided in any higher level plan in effect for the area.

The higher level plan may also provide other assistance in preparing operational plans. These may include a description of forest resources including known features, objectives or things; administrative matters including joint sign-off requirements for operational plans; and forest practices to be used to achieve the objectives laid out in the plan (see the list on pages 15 and 16).

Higher level plans may specify forest practices for an area that are more constraining on resource development than in areas where a higher level plan does not exist or provide such direction, and only the legislation applies. The legislation also provides that higher level plans may specify less constraining practices than described in the legislation for many of the items listed on pages 15 and 16. These variations should be based on sound technical reasons and be clearly explained in the higher level plan documents.

Relationship of Higher Level Plan Objectives and Operational Plans

The following is provided to illustrate how an objective can flow through various planning levels.

Example 1
Situation: Analysis has shown that due to an age class imbalance of forest cover within a planning area there will be a shortfall of wood supply in the short term.

Higher Level Plan (LRMP)

Objective
Ensure a steady flow of timber.

Strategy
Promote commercial thinning (CT) to minimize projected short term reduction in timber availability.

Landscape Unit Objectives

Objectives
Identify potential areas for CT to alleviate timber availability shortfall and maintain stable short-term timber flows.

Strategy
Conduct forest surveys to assess the suit ability of 35- to 50-year-old stands for CT.
Commercial thinning regimes are to be consistent with landscape biodiversity objectives.

Operational Plans

Forest Development Plan
Describes location, timing and method of CT harvest. Description of how CT will achieve landscape level objectives, including biodiversity objectives.

Silviculture Plan
Describes post thinning and final harvest stand structure and composition goals and the thinning regime required to achieve these goals, by cutblock.
Logging Plan
Logging plan (indirect link to higher level plans), describes detailed timber harvesting method and equipment, road construction operations, locations of excavated/bladed trails and landings within each CT cutblock.

Note: In a "real life" case there would be a more complete list of strategies and objectives flowing through the LRMP.

Example 2
Situation: The planning area contains several deer winter ranges (DWR) which have been identified as critical deer habitat.

Higher Level Plan (LRMP)

Objective
Maintain or enhance deer wintering habitat.

Strategy
Maintain at least 25% of forested area in thermal cover and provide suitable travel corridors to link these units.

Landscape Unit Objectives

Objectives
Maintain at least 25% of forested area as thermal cover in deer winter range.
Develop a network of travel corridors between identified areas of deer winter range.

Strategy
DWR is identified on map 2A.
Within delineated winter range, ensure harvesting is distributed and scheduled to meet thermal cover requirements. This distribution is broadly identified on map 4 and covers harvesting in 5-year increments. This distribution is subject to refinement in the forest development plan.
Determine potential travel corridors in areas already restricted to conserve other forest values. Where this is not possible, identify new connectors where essential.

Operational Plans

Forest Development Plan
Location, timing, method of harvest and description of how higher level lanning objectives for DWR are to be achieved.

Silviculture Plan
Describe stand stocking requirements, stand structure and composition goals that are consistent with higher level plan objectives for maintaining DWR.
Logging Plan
Logging plan (indirect link to higher level plans) details of timber harvesting method, equipment and access structures, etc.

2.5.2 The Level of Detail in Higher Level Plans

A note of caution is necessary on the inclusion of detailed forest practices in higher level plans. Once forest practices are declared or established as a part of higher level plan, they must be consistently followed in an operational plan. Therefore, if a higher level plan specifies forest practices to be applied, it has the potential to limit the flexibility for using other alternative methods and for introducing technical innovation at an operational planning level. Any forest practices that are included in a higher level plan should avoid being too prescriptive and should be based on a clear understanding of the options available and the implications of the proposed approach. It is advisable not to include forest practices or targets as part of the higher level plan unless the reasons for doing it are technically sound and generally accepted as necessary to attain the objectives specified. The specification of detailed site-level forest practices is primarily a job for operational plans.

To illustrate how objectives may be developed to allow flexibility, consider the following example:

At an interior location, past logging methods have primarily been limited to ground skidding systems, which has led to a high concentration of cutblocks on valley bottoms and lower slopes. To address this past practice, a timber harvesting objective proposed for a higher level plan covering the area specifies that "25% of timber harvesting is to be done by cable and/or aerial logging systems."

Although this may seem to address the issue, it may also prove to be too rigid and too prescriptive. A more appropriate objective may be: "Ensure that timber harvesting is distributed across the terrain such that an adequate component of all cutblocks are located on steep slopes." A corresponding strategy could be: "All cutblocks will be subject to any requirements for steep slope harvesting that may be set by the district manager."

As a result of this latter approach, a certain level of steep slope logging can still be assured and targets may be set if still required, but only after a more detailed assessment at the operational planning level. Cable or aerial logging will still be the most likely harvesting systems on steep slopes due to operational constraints (e.g., soil disturbance limits); however, it still allows for some alternative (i.e., prescriptive) practices to occur in these areas (e.g., ground skidding with low ground pressure tracked skidders on firm snow packs and frozen ground).

As an alternative to establishing specific forest practices in a higher level plan (especially where there is uncertainty), staff can propose recommendations on forest practices for achieving the objectives contained in the plan. These recommended forest practices, although not a higher level plan, can be forwarded to the agreement holder and may be considered by the district manager (or adopted by the district manager as policy) when approving an operational plan.

These cautionary notes are not meant to imply that higher level plans should be vague or imprecise. Higher level plans can be quite specific without prescribing actual practices. When moving from a higher level plan covering a large area (e.g., an LRMP declared as a higher level plan) to plans covering smaller areas of land, the objectives generally become progressively more detailed. For example, an LRMP may indicate a zone where biodiversity and recreation are the major forest resources subject to management objectives. Conversely, a landscape unit objective may lay out a seral stage distribution that is to be achieved as one specific element of maintaining landscape level biodiversity.

2.5.3 The Approval Cycle for Operational Plans and Higher Level Plans

In order for an operational plan to be approved, it must be consistent with any applicable higher level plan in effect. An operational plan in effect at the time that a higher level plan is established is not affected by the establishment of the higher level plan; the operational plan continues to guide operations on the ground and does not have to be amended because the higher level plan is established. However, after the higher level plan is established, the next operational plan or amendment prepared must be consistent with the higher level plan before that operational plan can be approved.

The importance of considering the impact of the timing of higher level plan approvals on operational plans is emphasized throughout this document. In particular, it is necessary to ensure that adequate notice that a higher level plan is to be declared or established is provided well in advance of the regular due date for operational plan submissions and approvals. This gives the agreement holder time to ensure consistency between the operational plan and the higher level plan. Additionally, agreement holders can be given advance notice before the formal notice of impending order is published. Usually, agreement holders are involved substantially during the development of the higher level plan and are well aware of its implications.

It is recommended standard practice to design the higher level plan or the declaration of the higher level plan so that work, such as cutting authorities, logging plans, road permits or silviculture prescriptions previously approved by the district manager and having had public review, should not normally have to be amended for consistency when the forest development plan is next approved. This should be the case unless the higher level plan specifically requires such an amendment. Furthermore, and unless specified in the higher level plan, landscape level assessments or stand level assessments conducted in conjunction with an operational plan and submitted within four months after the declaration of the higher level plan should be approved based on approval criteria in place prior to the establishment of the higher level plan.

The approach to phase-in expressed in the previous paragraph may be accomplished by designing the declaration or establishment of the higher level plan so that the new direction applies to the affected operating areas only after the authorized activities have been completed or the authorizations have expired.

2.6 Other Specific Roles of Higher Level Plans Identified in the Operational Planning Regulation and Other Regulations

The Operational Planning Regulation and other Code regulations identify a role for higher level plans in the management of several specific issues. Note that some of these issues relate to those forest practices that may be appropriate to address in a higher level plan.

Determine that joint approval of a forest development plan or amendment is required for a specific type of area
– OPR s.8(1)
Require that a forest development plan of a period longer than 5 years is to be prepared
– OPR s.14(1)
Specify areas where timber harvesting or other forest development activities are "postponed" for a period of time
– OPR s.1
Identify features, objectives or things as "known" information requirements for operational plans
– OPR s.1(3)(a)
Establish "visual quality objectives" based on physical characteristics and social concern for the area
– OPR s.1
Provide direction for maintaining biological diversity
– OPR s.21(1) and (2)
Identify "old growth management areas"
– OPR s.1
Provide management direction for "identified wildlife," where authorized by the deputy minister of Environment, Lands and Parks and the chief forester
– OPR s.1
Guide the determination of silvicultural systems and stand structure
– OPR s.56(b) and (c)
Guide treatments of forest health factors
– OPR s.55(b)(i)
Specify cutblock design, including cutblock size, shape and pattern
– OPR s.21(1) and (2)
Specify requirements for species composition
– OPR s.52(1) and (2), s.57(a)(ii)
Guide tree selection during spacing and commercial thinning
– Silviculture Practices Regulation s.12
Specify "green-up height"
– OPR s.1
Identify forest resources that a soil rehabilitation plan must address
– Silviculture Practices Regulations s.26(2)(c)(i)
Guide selecting and locating optimum road location
– Forest Road Regulation s. 3(1)(a)
Guide selection of seed mixture for revegetation of soil exposed by range developments
– Range Practices Regulation s. 4(1)
Provide for exemption from the requirement to dispose of combustible landing and roadside debris accumulation
– Timber Harvesting Practices Regulation s. 10(1)(b)

2.7 Operational Plans in Areas Without Higher Level Plans

In all cases, whether a higher level plan is in effect or not, the district manager must be satisfied that the operational plan or amendment is in accordance with the Act and regulations, and will adequately manage and conserve forest resources. In deciding what constitutes adequate management and conservation particularly in the absence of higher level plans, the district manager may consider professional and technical documents, and advice. Guidelines, guidebooks and planning documents that are not higher level plans, and other forest management documents may be considered appropriate reference materials. The district manager may also develop policy that identifies the reference material that will usually be considered when reviewing operational plans. This policy would not bind agreement holders; however, it does provide a strong indication of the matters that the operational plan should address.

2.8 Interagency Cooperation

The Forest Practices Code provides a new framework for interagency cooperation in planning for forest and range lands and resources. As well as fostering ongoing working relationships among the agencies charged with implementation of the Code, the Act specifies that the objectives for both landscape units and sensitive areas must be jointly approved by the district manager, Ministry of Forests, and the designated environment official, Ministry of Environment, Lands and Parks. At the operational planning level, the Act and the Operational Planning Regulation provide for joint-ministry approval of forest development plans for specified areas.

Example 1	Situation: Analysis has shown that due to an age class imbalance of forest cover within a planning area there will be a shortfall of wood supply in the short term.
Higher Level Plan (LRMP)
Objective Ensure a steady flow of timber.	Strategy Promote commercial thinning (CT) to minimize projected short term reduction in timber availability.
Landscape Unit Objectives
Objectives Identify potential areas for CT to alleviate timber availability shortfall and maintain stable short-term timber flows.	Strategy Conduct forest surveys to assess the suit ability of 35- to 50-year-old stands for CT. Commercial thinning regimes are to be consistent with landscape biodiversity objectives.
Operational Plans
Forest Development Plan Describes location, timing and method of CT harvest. Description of how CT will achieve landscape level objectives, including biodiversity objectives.	Silviculture Plan Describes post thinning and final harvest stand structure and composition goals and the thinning regime required to achieve these goals, by cutblock. Logging Plan Logging plan (indirect link to higher level plans), describes detailed timber harvesting method and equipment, road construction operations, locations of excavated/bladed trails and landings within each CT cutblock.
Note: In a "real life" case there would be a more complete list of strategies and objectives flowing through the LRMP.
Example 2	Situation: The planning area contains several deer winter ranges (DWR) which have been identified as critical deer habitat.
Higher Level Plan (LRMP)
Objective Maintain or enhance deer wintering habitat.	Strategy Maintain at least 25% of forested area in thermal cover and provide suitable travel corridors to link these units.
Landscape Unit Objectives
Objectives Maintain at least 25% of forested area as thermal cover in deer winter range. Develop a network of travel corridors between identified areas of deer winter range.	Strategy DWR is identified on map 2A. Within delineated winter range, ensure harvesting is distributed and scheduled to meet thermal cover requirements. This distribution is broadly identified on map 4 and covers harvesting in 5-year increments. This distribution is subject to refinement in the forest development plan. Determine potential travel corridors in areas already restricted to conserve other forest values. Where this is not possible, identify new connectors where essential.
Operational Plans
Forest Development Plan Location, timing, method of harvest and description of how higher level lanning objectives for DWR are to be achieved.	Silviculture Plan Describe stand stocking requirements, stand structure and composition goals that are consistent with higher level plan objectives for maintaining DWR. Logging Plan Logging plan (indirect link to higher level plans) details of timber harvesting method, equipment and access structures, etc.