Volume 1 - Resource Management
Chapter 3 - Range Management

Policy 3.4 - Crown Range Improvements

Effective Date: 31-Jul-97
Responsible Branch: Forest Practices Branch

Resource Management Volume Table of Contents | Amendment Log

Scope

This policy covers the planning and implementing of range improvements on Crown range, including replacing or removing worn out, damaged, obsolete, or unauthorized improvements.

Policy

Maintenance and enhancement of Crown range may require a variety of range improvements. This may include structural changes such as fences or cattle guards, or non-structural changes, such as pest control measures or grass seeding.

Proposed range improvements will be reviewed and their priority for implementation established according to a program management plan.

All improvements, whether Ministry funded or not, must be completed according to Ministry specifications and standards, with the prior written approval of the District Manager.

Obligation of Tenure Holders

A tenure holder or applicant may be required to undertake range improvements as a condition of retaining, increasing, or being allocated a tenure (Range Act, 50(2)(d)).

Tenure holders are responsible for ensuring that authorized range improvements are maintained to Ministry standards.

Obligation of Agreement Holders

The District Manager may require agreements issued by the Ministry under the Forest Act, where applicable, to include terms and conditions requiring the agreement holder to make improvements required for the proper integrated resource management of the area. Improvements may include the constructing and installing of cattle guards, wing fences, and other remedial range improvements.

Ministry Funding of Improvements

The Ministry may aid Crown range improvements through approved cost-sharing agreements.

The Ministry may share in the initial construction or development costs of primary range improvements (i.e., those with a substantial impact on resource management), or replacement cost of worn-out or obsolete primary improvements, subject to funding availability ( Forest Act, s.60; Range Act, s.27).

The District Manager may authorize costs incurred by a Forest Act tenure holder for cattle guards and remedial range fencing. Such costs will be recognized in the stumpage appraisal.

Improvements Not Funded by the Ministry

The Ministry will not fund range improvements on:

  • private land
  • land covered by grazing or agricultural leases
  • land under an agreement, s.18, Range Act
  • rights-of-way

Repair and Maintenance

Repair, maintenance, and removal of range improvements must meet Ministry standards.

The Ministry will not share costs for the repair and maintenance of primary structural improvements, or for the repair and maintenance of any secondary improvements (improvements with a limited impact on resource management).

Where two or more tenure holders share the same range, the range improvement, repair, and maintenance costs will be shared on a pro- rata basis according to each tenure holder's authorized use of the Crown range which benefits from the improvement, unless agreed otherwise by both tenure holders, or determined otherwise by the District Manager.

Where a range improvement such as a fence separates two tenure holders, the tenure holders on each side of the range improvement will be responsible for one half of the maintenance costs, unless otherwise agreed to by the parties and the District Manager.

Removal of Improvements

The Ministry may require removal of unauthorized improvements. The Ministry may also require authorized improvements to be removed which are no longer needed or create a hazard. The tenure holder is responsible for removing improvements (Forest Practices Code of British Columbia Act, s.74, 101).

Damages to Improvements

If an improvement is damaged, destroyed, or rendered ineffective , the tenure holder will fund the repair, replacement, or removal of the improvement.

If a known person other than the tenure holder caused the damage, the Crown may invoice the damager and prosecute under the Offence Act.

References