British Columbia Ministry of Forests

RECREATION MANUAL


Appendix 5 Site and Trail Designation

A5.1 Introduction
A5.2 Definitions
A5.3 Procedures and Responsibilities
A5.4 Sample Designation, Cancellation and Amendment
A5.5 References

Figures

1 Statusing and Clearance of Recreation Site or Trail
2 Designation of Recreation Site or Trail
3 Cancellation/Amendment of Recreation Site or Trail

A5.1 Introduction

Designation is an administrative and legal requirement that must be met:

  • legally define a site or trail
  • give legal authority to enforce rules and regulations

This appendix sets out the procedures and responsibilities for designating an area as a Ministry of Forests recreation site or trail. The purpose of site or trail designation is to help the recreation manager to manage an area as a recreation site or trail for its recreation values.

More specifically, designation is an administrative and legal requirement that must be met before a site or trail can be legally defined, and before use restrictions or use regulations can be enforced. Use restrictions refer to Section 105 of the Forest Act (prohibited use). Use regulations refer to BC Reg 405/81 (9/79) (rules concerning the use of recreation sites and trails) and 278/81 (Forest Service Road, Right-of-Way and Recreation Trail Regulation). The authority for site and trail designation by the Chief Forester comes from Section 104 of the Forest Act.

Crown land can be designated as a MoF recreation site or trail whether it is within or outside a Provincial Forest. However, both the designation process and the type of designation are different.

Within Provincial Forests, Crown land is administered by the Ministry of Forests under the Ministry of Forests Act, the Forest Act, the Range Act and a protocol agreement with the Ministry of Crown Lands (now Lands and Parks - MLP). For these areas, site and trail designation follows from clearance procedures that are carried out and map notations that are established by the Ministry of Forests.

Outside of Provincial Forests, Crown land is administered by the Crown Lands Branch (MLP) under the Land Act. For these areas, site and trail designation follows from clearance procedures that are carried out and map reserves that are established by MLP.

Designation is but one of many stages in the management of an area as a recreation site or trail.

To date, most MoF sites and trails are still not designated.

 

Designation, therefore, represents one stage (along with planning, assessment, design, construction and maintenance) in the management of an area as a recreation site or trail. The purpose of designation is to give the manager the legal authority to enforce rules and regulations. The need for designation depends upon the level of use and the potential for use conflicts at the particular site or trail. At present, only about 30% of the Ministry of Forests (approximately) 1,200 sites and 5% of its (approximately) 400 trails are designated.

Section A5.2 defines the key terms that make up the sometimes confusing terminology associated with site and trail designation. Section A5.3 sets out the administrative procedures and responsibilities for site and trail designation. Section A5.4 shows a sample site or trail designation, cancellation and amendment. Section A5.5 gives a list of cited and supplementary references.

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A5.2 Definitions

Provincial Forest
  • the 85% (approximately) of British Columbia that is managed as multiple use land
  • land that is designated by the Lieutenant-GovernorIn-Council (LGIC, or Cabinet) under Section 5 of the Forest Act, and managed for specific uses as established in Section 5 and the Provincial Forest Regulation (BC Reg 506/82)
Land Allocation Category
  • one of five broad types of land status regarding the apportionment, setting apart or earmarking of land or water for a specific purpose; includes:
    reservation: a restriction against specific uses
    designation: specification of permitted uses
    map notation: an indication of interests
     
  • see Land Allocation Terminology, 1977, B.C. Ministry of Lands, Parks and Housing
Forest Service Map Notation
  • an MoF administrative map label or "flag" that is placed on MoF maps and records to indicate MoF interest in an area within Provincial Forests (in this case, interest in managing an area primarily for its recreation values)
  • an example of a map notation (see land allocation category)
  • also referred to as a "recreation notation," "recreation map notation," "Forest Service notation" or "recreation site notation"
Map Reserve
  • a land use reserve that is established under Sections 11 or 12 of the Land Act over an area of Crown land outside of Provincial Forests to guard against unwarranted disposition or unplanned use (in this case, sale or use that would compromise an area's current or potential recreation values or uses)
  • an example of a reservation (see land allocation category)
  • may be established by the LGIC or by letter of agreement
  • also referred to as a "recreation reserve," "Land Act Reserve" or "UREP" (Use, Recreation and Enjoyment of the Public Reserve)
Statusing
  • establishing interests and identifying conflicts
  • the process of determining rights, titles or interests in a particular area or parcel of land by searching records, maps and other documents for jurisdictions, tenures or expressed interests by other agencies or parties in the area in question
Clearance
  • approval to establish a map notation or map reserve
  • the approval of an application for a map notation or map reserve which is granted (in this case by the MoF or the MLP) after weighing the purpose and merits of the application against any existing rights or interests (i.e., clearance is given if there are no conflicts or if the benefits are thought to outweigh the conflicts)
Designation
  • legal definition and notification of clearance
  • the legal definition (via an Exhibit A) of an area over which a map notation or map reserve applies, and the public notification (via a notice in the B.C. Gazette) of the approval of the map notation or map reserve
Designated Site or Trail
 
  • an area of Crown land within or outside of Provincial Forests that is designated as an MoF recreation site or trail by the Chief Forester under Section 104 of the Forest Act, and over which is placed an MoF map notation or an MLP map reserve
  • an example of a designation (see land allocation category)

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A5.3 Procedures and Responsibilities

 

The establishment (or cancellation or amendment) of an MoF map notation (for an area of Crown land within Provincial Forests) or an MLP map reserve (for an area of Crown land outside of Provincial Forests), and the designation of the area as an MoF recreation site or trail consists of six steps.

Step 1 Preparation for Statusing (Figure 1)
Step 2 Statusing (Figure 1)
Step 3 Clearance (Figure 1)
Step 4 Designation (Figure 2)
Step 5 Cancellation or Amendment (Figure 3)
Step 6 Cancellation or Amendment of Designation (Figure 3)

Figure 1: Statusing and Clearance of Recreation Site or Trail

   

Figure 2: Designation of Recreation Site or Trail

figure 2

    Figure 3: Cancellation/or Amendment of Recreation Site or Trail

Cancellation/or Amendment of Recreation Site

    The procedures and responsibilities for each of these six steps are as follows (numbers in each step relate to the figures):

Step

Procedures and Responsibilities

Step 1 Preparation for Statusing

(see Figure 1)

 
District will:
  1. Determine the approximate location of the site or trail.
  2. Carry out a field check of the area as required. Complete Recreation Site Evaluation Form FS 261 (see Appendix 1 for a listing of FS forms).
  3. Prepare a draft map identifying the proposed boundaries for the map notation/reserve (preferably on a forest cover map).
  4. If amending an existing map notation/reserve, go to number 5 below. If a new area, complete a preliminary status check for the new map notation/reserve. If there are obvious conflicts, discontinue the process.
  5. Establish a name for the project, obtain a 900 project file number from the Regional Recreation Section and instruct the file clerk to prepare a project file.
  6. Prepare and distribute internal referral packages to other Resource Officers. Request comments within 30 days. If no reply, assume approval. Note all conflicts upon return of the internal referrals. Discuss to resolve conflicts. If conflicts cannot be resolved, discontinue the process.
  7. Distribute referrals to the other agencies requesting their comments within 30 days. If no reply, assume approval. Note all conflicts upon return of external referrals. Discuss to resolve conflicts. If conflicts cannot be resolved, discon tinue the process.
  8. Submit a final map, along with other pertinent information, to draughting for preparation of Exhibit A Form FS 357. Note that for trails, Exhibit A must identify the trail right of-way width. Where applicable, prepare and distribute letters to those holding interest in the proposed area, requesting a "letter of consent" (Forest Act, Section 104(2)).

Forest Service Map Notation (within Provincial Forest)

  1. Prepare a Clearance Request Form FS 195 and forward along with the Exhibit A Form FS 357 and all other pertinent documentation (e.g., letter of consent) to Recreation Branch.

MLP Map Reserve (outside Provincial Forest)

  1. Prepare a Proposal for Reserves Form L 43, and forward along with the Exhibit A (Form FS 357) and other pertinent documentation (e.g., letter of consent) to the District Land Manager, Ministry of Lands and Parks. All external referrals will be handled by MLP. Note all conflicts upon return of external referrals from MLP. Discuss to resolve conflicts. If conflicts cannot be resolved, discontinue the process.
Step 2 Statusing

 (see Figure 1)

   

Forest Service Map Notation (within Provincial Forest)

Recreation Branch will:
  1. Upon receipt of the district's request and within 10 days of date of receipt of request, prepare a project file (if a new area) or obtain the existing project file (if an existing map notation), enclose Clearance Request Form FS/195, Exhibit A Form FS 357 and other pertinent documentation from the district and forward to Timber Harvesting Branch for statusing.
Timber Harvesting Branch will:
  1. Carry out statusing (i.e., process the clearance documents) and send copies to district, region and Recreation Branch for their records.

Map Reserve (outside Provincial Forest)

Ministry of Lands and Parks will:
  1. Process the Proposal for Reserves Form L 43, establish a map reserve and MLP file number in the name of the Ministry of Forests and send copies to MoF district, region and Recreation Branch.
Step 3 Clearance

 (See Figure 1)

   

MoF Map Notation and MLP Map Reserve

District will:
  1. Upon receipt of the processed clearance documents, check all information and determine whether the proposal should proceed (i.e., there is clear status and the proposal is compatible with any existing tenures). Where existing tenures are in place and it is not clear whether the proposal is compatible, the district should seek legal counsel directly from Legal Services Branch, Ministry of Attorney General.
  2. Enter the map notation/reserve on the Forest Tenure Administration System-Recreation (FTAS-Rec) (Chapter 7) and the recreation inventory (Chapter 6).
  3. Submit maps and reports to draughting to update management atlas and forest cover maps.
Step 4 Designation

 (see Figure 2)

The district must decide if site or trail designation is required. In most instances recreation sites and trails should be designated. However, if a map notation or reserve is established for future considerations with no immediate plans for development, then designation may be postponed.

District will:
  1. Prepare notice in the standard format (Section A5.4 for sample format) for the site or trail to be designated and send to Recreation Branch. (Note that for trails the right-of-way width must be identified.)
Recreation Branch will:
  1. Forward the district's request for designation to the Chief Forester for approval.
  2. Upon approval by the Chief Forester, complete and forward notice and requisition to Queen's Printer for publication in the B.C. Gazette.
  3. Send copy of notice to region and district for their records.
District will:
  1. Record the designation of the particular site or trail in the FTAS-Rec and the recreation inventory.
Step 5 Cancellation or Amendment of Map Notation/Reserve

 (See Figure 3)

   
MoF Map Notation
(within Provincial Forest)
District will:
  1. Forward cancellation/amendment notice to Recreation Branch (with copy to region) identifying the project number and the name of the site or trail to be cancelled/amended.
  2. Cancel/amend the map notation on the FTAS-Rec and on the recreation inventory, management atlas and forest cover map.
Recreation Branch will:
  1. Obtain the existing project file, complete Form FS 45 requesting the project be cancelled/amended and forward to Timber Harvesting Branch.
Timber Harvesting Branch will:
  1. Cancel/amend the project from timber maps and records and return the project file to Recreation Branch.

MLP Map Reserve (outside Provincial Forest)

District will:
  1. Send cancellation/amendment notice to the District Manager, MLP (with copies to region and Recreation Branch) identifying the project number and name of the site or trail to be cancelled/amended.
  2. Cancel/amend the map reserve on the FTAS-Rec and the recreation inventory.
Ministry of Lands and Parks will:
  1. Cancel/amend the project from MLP maps and records and return the project file to Recreation Branch.
Step 6 Cancellation or Amendment of Designation

(See Figure 3)

If the site or trail to be cancelled/amended is designated, the following steps, in addition to the procedures outlined above in Step 5, are necessary for cancellation/amendment of a map notation or reserve:

District will:
  1. Prepare a Notice of Cancellation/Amendment and send it to Recreation Branch (see Section A5.4 for sample formats).
Recreation Branch will:
  1. Check the district's notice and forward to the Chief Forester for approval.
  2. Upon approval by the Chief Forester, complete and forward notice and requisition to the Queen's Printer for publication in the B.C. Gazette.
  3. Send a copy of the notice to the region and district for their records.
District will:
  1. Cancel/amend the designation for the particular site or trail in the FTAS-Rec and the recreation inventory.

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A5.4 Sample Designation, Cancellation and Amendment

Sample Designation
Recreation Site Designation

Take notice that, pursuant to Section 104(1) of the Forest Act, SBC 1978, the following areas have been designated as Ministry of Forests recreation sites, effective the date of this notice.

Meager Creek Hotsprings: Vancouver Region, as shown on the Exhibit A dated October 1, 1987. Recreation Project File 900-0236. J.R. Cuthbert, Chief Forester.

Thurston Meadows: Vancouver Region, as shown on the Exhibit A dated March 4, 1987. Recreation Project File 900-3038. J.R. Cuthbert, Chief Forester.

Bear Creek: Vancouver Region, as shown on the Exhibit A dated May 4, 1981. Recreation Project File 900-0066. J.R. Cuthbert, Chief Forester.

Recreation Trail Designation

Take notice that, pursuant to Section 104(1) of the Forest Act, S.B.C. 1978, the following areas have been designated as Ministry of Forests recreation trails, effective the date of this notice.

Raven - Grizzly Den Trails: Prince George Region, as shown on the Exhibit A dated December 8, 1986. Recreation Project File 900-1090. The width of the recreation trail rights-of-way shall be 10 meters on either side of the center line of the trails. J.R. Cuthbert, Chief Forester.

Sample Cancellation
Recreation Site Cancelled

The following area designated as a Ministry of Forests recreation site and described in the British Columbia Gazette notice of July 14, 1983, is hereby cancelled, pursuant to Section 104(3) of the Forest Act, S.B.C. 1978.

Graveyard Lake: Prince George Region, as shown on the Exhibit A dated January 10, 1980. Recreation Project File 900-1107. J. R. Cuthbert, Chief Forester.

Sample Amendment
Recreation Site Amendment

The following area designated as a Ministry of Forests recreation site and described in the British Columbia Gazette notice of July 14, 1983, is hereby amended, pursuant to Section 104(3) of the Forest Act, S.B.C. 1978 and effective the date of this notice.

Graveyard Lake: Prince George Region, as shown on the Exhibit A dated June 10, 1988. Recreation Project File 900-1107. J. R. Cuthbert, Chief Forester.

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A5.5 References

Cited References

Forest Act

Ministry of Forests Act

Range Act

Protocol Agreement with Ministry of Crown Lands (now the Ministry of Lands and Parks)

Land Act

Provincial Forest Regulation (BC Reg 506/82)

Land Allocation Terminology, 1977, Ministry of Lands, Parks & Housing

Supplementary References

BC Gazette