[Table of Contents]

9. PUBLIC INPUT

ALASKA

The public can review forest harvesting plans but not make comment on plans made under the forest practices legislation on private land. Any person can apply to get on the mailing list for notifications. Copies of full plans can be reviewed at the Division of Forestry office where the plan was submitted.

BRITISH COLUMBIA

The public must be provided with an opportunity to review and comment on the objectives established at all levels of strategic planning under the Code (i.e. for Resource Management Zones, Landscape Units, and Sensitive Areas) and on the management strategies presented in key operational plans, such as Forest Development Plans, Access Management Plans, Five-Year Silviculture Plans, and Range Use Plans. The public does not review site specific prescriptions, such as Silviculture Prescriptions, Logging Plans and Stand Management Prescriptions. However, these prescriptions must be consistent with management objectives established in higher-level plans and Forest Development Plans.

At the operational planning level, Forest Development Plans, Five-year Silviculture Plans, and Access Management Plans (or an amendment to any of those plans) must be available for public review for a minimum of 60 days, and Range Use Plans for a minimum of 30 days. Forest Development Plans for woodlots must be made available to the public upon request. Summaries of public input, including proposed actions must be submitted to the District Manager by the proponent. The person preparing an operational plan must document all review comments from the public and other agencies and show how the comments have been addressed.

Joint approval by Ministry of Environment, Lands and Parks is required for Forest Development Plans that include areas designated as a Community Watershed or for any other areas where this requirement has been specified in a higher-level plan.

CALIFORNIA

Timber Harvest Plans are made public once they are approved. Any person requesting notice of submission of timber harvest plans or a notice of timber operations can receive them from the director of CDF. Current notices are also kept available at local CDF offices.

Also, appeals can be made to the State Board of Forestry. Judicial or administrative remedies are also possible.

As previously noted, the public can bring action against the Board or CDF for failure to carry out their responsibilities under the Act or Rules.

FINLAND

The public or members of non-government organizations, are not included in forest management decisions that occur on private forest lands. However, private citizens do have the right to receive information on operational plans affecting the environment of state forests (Finnish Forest and Park Service, 1994).

Public participation into the operational planning process of state forest activities can take two forms:

Participation methods include public meetings, personal written communications and visits, notification through the local media or postings, and arranging site visits. Local conditions will determine what participation methods are used.

Regular negotiations at the state department level (the National Board of Waters and the Environment District, the Provincial Government, and the municipalities) and the local level (village committees, reindeer herdsmen's associations, recreational associations, natural history societies) are encouraged (Finnish Forest and Park Service, 1994).

GERMANY

Federal Republic of Germany

The Federal Forest Law does not specify public input requirements.

Baden-Wurttemberg

Public involvement is not a requirement of the Forest Law. However, all special interest groups are contacted during the compilation of the ten year forest management plan (Brunner, pers. comm.). The forestry administration also consults with the Environmental and Conservation administrations, although this is not required by law.

The Administrative Forest Districts, in collaboration with the Forest Offices, compile plans for the community forests. These plans must be approved by the community, usually at a public hearing. Private forests are not obligated to formulate forestry plans, although the larger holdings generally do. There is no public input into the management of private holdings.

Bavaria

There is no obligation to involve the public in Bavaria's forest planning process. However, like Baden-Wurttemberg, special interest groups are contacted during the state forest planning process. Bavaria's community forest plans are compiled by a professional forester. This is a requirement of Article 19 of the State Forest Law. The professional forester must have the plan approved by the community. Private forest owners, as in Baden-Wurttemberg, are not obliged to consult with the public.

NOVA SCOTIA

Public input to forestry activities in Nova Scotia are summarized as follows:
Public provides input to the Government of Nova Scotia and the Department of Natural Resources through formal mechanisms - Voluntary Planning Forestry Sector Committee and Land Resources Coordinating Council; Forestry Advisory Council; and Wildlife Advisory Council - and through informal mechanisms such as letters to the Minister and conferences such as Envirofor (Provincial Action Plan, 1994:83). Public input is not required before a Forest Management Plan is approved (Eidt, pers. comm.).

ONTARIO

Ontario's Bill 171, the Crown Forest Sustainability Act, provides extensive opportunity for public consultation. A Local Citizens Committee will be established to take an active role in the planning process for a particular forest management unit, or for all forest management units in the District. Members will be appointed by the MNR district manager, and will include citizens with varied interests to ensure that all local interests are considered in the planning process (FMPM, 1994:15). There will be a four-stage process of formal opportunities for public consultation during the planning process, where all information will be available for review. All plan amendments, reviews, and renewals are subject to public review. Public notices will be issued at each stage of the consultation process. Two information sessions will be held. The first to review the assembly and analysis of background information and evaluation of alternatives. The second to review the draft plan and preliminary list of required alterations. The MNR will respond to all written comments and submissions in a timely manner. Where members of the public who might be affected by forest operations are identified, those persons will be contacted and asked for input. All members of the public will be given the opportunity to meet with members or representatives of the planning team and the local citizens committee. (FMPM, 1994:18). Public notices will be advertised in the local media. In addition, any person may initiate the environmental assessment bump-up request. This is a request from any person to the Minister of Environment and Energy for designation of specific proposed forest management activities to the status of an individual environmental assessment under the Environmental Assessment Act.

OREGON

Operators must notify the Oregon Department of Forestry (ODF) of their intent to commence forestry activities except for:

However, exemption from notification does not exempt anyone from compliance with other forest practice rules. In 1993, there were about 24,000 notifications issued (Hayes, S. 1994 pers. comm.). Following notification, there is a 15 day waiting period during which the public can have input. Any member of the public can subscribe to notifications for a standard fee. Some kinds of operations may also require a written plan to be submitted to ODF for approval. There is often a 14 day waiting period following submission of written plans. During that time, any citizen can review a plan and submit written comments that will be reviewed by ODF.

There is provision for public input to the State Board of Forestry when Rules are being changed or newly adopted.

On state-managed lands, the public has input to the five or ten year plans prepared for each area.

Also, Oregon's land use planning law requires counties to establish land use goals; there is public input into that planning process.

Members of the public can also appeal decisions of the ODF: either internally to ODF, to the Board or to the Court of Appeal.

SWEDEN

The public do not generally participate in the forest planning process. No requirement for public participation during planning or public notification pending forest activities is included in the Forestry Act. However, if the community owns a forest the public may participate in planning its management.

If many parties are using the forest and their values are recognized as important by the County Forestry Board, the Board may develop a multiple-use forest management plan. All interested parties will be involved in producing the multiple-use plan. However, if the forest owner is not in favour of the plan it will not be implemented. The Nature Conservation Act can overrule the land owner and classify the area as a nature reserve (S. Sohlberg, pers. comm.). This gives the County Administration Board the right to dictate allowable forest activities.

TASMANIA

The Code cannot be changed or amended without public review. Forest Management Plans cannot be changed or amended without review. During initial drafting of the Forest Practices Code, and the 1993 revision, public participation played a major role. Comments were requested through newspaper advertisements, and public submissions were incorporated. At the strategic planning level the public plays an integral role in the development of management plans and strategies (Bird, 1993:1). While there is no formal consultative process for the preparation of Management Decision Classification maps, they are available for review and comment, and form the basis of management zone designations in forest management plans. Forest Management Plans are subject to extensive opportunities for public review, and the public consultation process involves advertising for input and comment on draft plans (Wilkinson, pers. comm.). At the Operational Planning level, public input is very limited. Stakeholders (local governments and neighbouring property owners) are consulted when preparing Timber Harvesting Plans, but public consultation as such, is not a requirement for a Timber Harvesting Plan (THP, 1988:12).

UNITED KINGDOM

Public enquiries are rarely necessary, although Woodland Grant Scheme applications are available for public scrutiny and anyone can comment. In cases where application is made to carry out work on an area or tree that is subject to a Tree Preservation Order, lengthy consultation with local communities may be required.

Consultation occurs on all proposed plans with the local planning authority, and on special areas such as nature conservation or scenic or national parks with organizations such as Scottish National Heritage, English Nature, Countryside Council for Wales, and English Heritage. The public are able to comment on plans via the local Forestry Authority offices.

Public involvement is also part of the Environmental Assessment process, and where and environmental statement is required, the decision is advertised in local newspapers and the Statement, prepared by the applicant, is made available for public comment (Forestry Commission, 1994:5).

U.S. FOREST SERVICE (REGION 6)

Full public participation in planning is encouraged and practiced. Details are given in documents such as Forest Service's Land and Resource Management Planning Handbook and in individual Land and Resource Management Plans (LRMP's). Public involvement is also required in watershed analysis carried out under the ROD. The Forest Service still maintains decision making authority.

VICTORIA STATE

Public input occurs through Forest Management Area (FMA) advisory committees and public consultation phases. Forest Management Plans (FMPs) must provide extensive opportunity for public consultation and participation. FMPs apply for ten years, with provision for revision after five years (Code, 1989:48). Annual wood utilization plans also provide for public and interest group input (Leonard, pers. comm.). Significant amendments to operational plans must go before the public prior to change, and changes to the Forest Practices Code itself are subject to public review (Leonard, pers. comm.).

WASHINGTON

DNR must inform cities and towns as well as native Indian tribes, of any applications for forest practices that occur in their areas or might otherwise affect them. Any member of the public can subscribe to notification of applications for forest practices. For Class 4 forest practices, a SEPA review, requiring major public input, is required.

While the public in general may have input, they have no decision-making authority in the application (planning) process. However, they can appeal decisions to the Forest Practices Appeal Board. It should be noted that for a fair comparison to B.C., provisions covering private lands should be compared.

WESTERN AUSTRALIA

Plans are available for public inspection by appointment, and must be inspected in the presence of the appropriate authority. Short term plans must be inspected in the presence of the F.O.I.C. and, where relevant, the District Manager who will be available to answer any questions that arise. Medium and long term plans must be inspected in the presence of the Regional Manager, R/L Operations or the logging planner (MOLS, 1990:4). Local interest groups are invited to participate in the planning process when applicable (i.e. if proposed harvesting is likely to be controversial) (Clarke, pers. comm.).
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