Ministry of Forests, Lands and Natural Resource Operations

Forest Practices Code of BC Act

PART 11 - TRANSITIONAL PROVISIONS

DIVISION 9 - RIPARIAN AND TERRAIN STABILITY REQUIREMENTS ON AND AFTER JUNE 15, 1997

NOTE: This is not the current version of the Forest Practices Code. This document is available only as a reference for those sections repealed when the Forest and Range Practices Act came into force January 31, 2004.

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248. Compliance by operational plans

248. (1) Despite any provision of an operational plan approved or put into effect by the district manager before June 15, 1997, on and after that date, a person must not remove trees from, or modify trees in, an area under the plan that is in a riparian reserve zone set out under Part 10 of the Operational Planning Regualions unless the removal or modification

(a) before the coming into force of this section was approved in the operational plan for one or more of the following purposes:

(i) recovery of trees that have been windthrown or that have been damaged by fire, insects, disease or other causes;

(ii) sanitation treatments;

(iii) undertaking recreational facility management;

(iv) managing fisheries and wildlife values;

(v) establishing a free growing stand in accordance with a silviculture prescription this Act and the regulations on an area harvested before June 15, 1997, or

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(b) is necessary for one or more of the following purposes:

(i) removal of trees felled before June 15, 1997;

(ii) removal of trees for approved stream crossings;

(iii) revoval of trees for the construction or modification of a road under an approved road layout and design;

(iv) full suspension yarding corridors;

(v) removal of danger trees;

(vi) reducing windthrow potential by topping or pruning;

(vii) carrying out, constructing, modifying or maintaining a range development, or

(2) Despite any provision of an operational plan, referred to in subsection (1), on and after June 15, 1997, the holder of an agreement under the Forest Act must not, outside a community watershed, clearcut an area under the plan that has a high likelihood of landslides, unless

(a) the district manager determines that the clearcutting will adequately manage and conserve the forest resources of the area, or

(b) timber harvesting of the area began before June 15, 1997.




249. Compliance by cutting permits

249. Despite any provision of a cutting permit that is in effect on June 15, 1997, a person must not, on and after that date,

(a) remove trees from, or modify trees in, an area under the cutting permit that is in a riparian reserve zone set out under Part 10 of the Operational Planning Regulation, unless the removal or modification

(i) is approved in an operational plan for one or more of the purposes referred to in section 248 (1) (a), or

(ii) is necessary for one or more of the purposes referred to in section 248 (1) (b), or

(b) outside a community watershed, clearcut an area under the cutting permit that has a high likelihood of landslides, unless

(i) the district manager determines that clearcutting will adequately manage and conserve the forest resources of the area, or

(ii) timber harvesting of the area began before June 15, 1997.




250. Compliance by timber sale licences without cutting permits

250. (1) Despite any provision of a timber sale licence that does not provide for cutting permits, if the licence is advertised on or before June 15, 1997, or is in effect on June 15, 1997, a person must not, on and after that date

(a) remove trees from, or modify trees in, an area under an operational plan for the licence that is in a riparian reserve zone set out under Part 10 of the Operational Planning Regulation, unless the removal or modification

(i) is approved in an operational plan for one or more of the purposes referred to in section 248 (1) (a), or

(ii) is necessary for one or more of the purposes referred to in section 248 (1) (b), or

(b) outside a community watershed, clearcut on an area under the licence that has a high likelihood of landslides, unless

(i) the district manageer determines that clearcutting will adequately manage and conserve the forest resources of the area, or

(ii) timber harvesting of the area began before June 15, 1997.

(2) Subsections (3) to (5) apply to a timber sale licence that does not provide for cutting permits,

(a) if the licence was advertised on or before June 15, 1997 or entered into before June 15, 1997, or

(b) if an operational plan for a cutblock under the licence was prepared before June 15, 1997.

(3) Despite a provision in a timber sale licence respecting an area in a cutblock referred to in subsection (2) (b), the district manager may amend the size, configuration and location of the cutblock to ensure consistency with this section.

(4) Section 241 (2) and (3) applies to a timber sale licence referred to in subsection (2) of this section.

(5) Section 241 (4) and (5) applies to the exercise of powers by a district manager under subsection (3) of this section.




251. Meaning of "fish stream"

251. For the purpose of determining the width of a riparian zone referred to in sections 248 to 250, "fish stream" has the meaning defined in the Operational Planning Regulation as it was on June 15, 1997.




252. Amendment of plans, cutting permits and timber sale licences

252. (1) If an amendment to a timber sale licence that does not provide for cutting permits, an operational plan or a cutting permit results from sections 248 to 251,

(a) the holder of the plan, permit or licence must submit the amendment to the district manager for approval as soon as practicable and not later than the end of September 30, 1997, if the plan was prepared and submitted to the district manager by the licensee for approval,

(b) the amendment must be prepared by the district manager as soon as practicable and not later than the end of September 30, 1997, if the plan was put into effect by the district manager,

(c) sections 2 to 5 of the Operational Planning Regulation do not apply to the amendment, and

(d) timber harvesting may take place under the licence, plan or permit before it is amended, to the extent that the harvesting does not conflict with this Division.

(2) This Division does not require an amendment to a timber sale licence that does not provide for cutting permits, an operational plan or a cutting permit except an amendment resulting form sections 248 to 251.


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