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Regulations
- Forest Practices Code of BC ActCUTBLOCK AND ROAD REVIEW REGULATION
Contents
B.C. Reg. 168/95 Deposited April 12 ,1995
O.C. 428/95 effective June 15, 1995
Consolidated to August 17, 1995
- PART 1 - DEFINITIONS AND APPLICATION
- PART 2 - CUTBLOCK SIZE AND GREEN-UP
- PART 3 - HIGH VALUE STREAMS
- PART 4 - TERRAIN STABILITY
- PART 5 - TRANSITION
- 1. In this regulation:
"Act" means the Forest Practices Code of British Columbia Act;
"adjacent" means an area contiguous to or in close proximity to a cutblock
or road right of way that, due to its location, could directly impact on, or be impacted
by, a forest practice within the cutblock or road right of way;
"biogeoclimatic ecosystem classification" means a hierarchical
classification system of ecosystems that
(a) integrates regional, local and chronological factors, and
(b) combines climatic, vegetation and site factors;
"bladed trail" means a constructed trail that has
(a) a width greater than 1.5 m, and
(b) a mineral soil cutbank height greater than 30 cm;
"Cariboo forest region" has the meaning defined in the Forest Regions
Regulation, B.C. Reg. 558/78;
"clearcut" means a silvicultural system that
(a) removes the entire stand of trees in a single harvesting operation from an area
that is
(i) 1 ha or greater, and
(ii) at least two tree heights in width, and
(b) is designed to manage the area as an even-aged stand;
"community watershed" means a community watershed as defined in
section 41 (8) of the Act;
"cutblock" means a cutblock referred to in section 225 (1) (a) or (b),
or 226 (1) (a) of the Act;
"cutting authority" means
(a) a cutting permit or an application for a cutting permit, or
(b) a timber sale licence or a timber sale licence that has been advertised;
"endhaul" means the act of moving excavated material from one section
of the road to another or to a disposal site, during road construction or modification;
"excavated trail" means a constructed trail that has
(a) a width greater than 1.5 m, and
(b) a mineral soil cutbank height greater than 30 cm;
"greened-up" means
(a) for the Vancouver forest region, an area that supports a free growing stand that
(i) if under a silviculture prescription, meets the stocking requirements of that
prescription, or
(ii) if not under a silviculture prescription, meets the stocking specifications for
that biogeoclimatic ecosystem classification specified by the regional manager, or
(b) for forest regions other than the Vancouver forest region, an area that supports a
stand of trees that is 3 m in height or greater and
(i) if under a silviculture prescription, meets the stocking requirements of that
prescription, or
(ii) if not under a silviculture prescription, meets the stocking specifications for
that biogeoclimatic ecosystem classification specified by the regional manager;
"high value fish-bearing stream" means a stream identified as a high
value fish-bearing stream for the purposes of sections 225 (3) (a) and 226 (3) (a) of the
Act;
"high value stream" means
(a) a high value fish-bearing stream, and
(b) a stream in a community watershed;
"Kamloops forest region" has the meaning defined in the Forest Regions
Regulation, B.C. Reg. 558/78;
"likelihood of landslides" means a likelihood of landslides as
determined in accordance with procedures,
(a) if the determination is made on or before June 15, 1995, approved by the district
manager, or
(b) if the determination is made after June 15, 1995, set out in the Ministry of
Forests' publication, "Mapping and Assessing Terrain Stability Guidebook", as
amended from time to time;
"mass wasting hazard" means the mass wasting hazard as determined in
accordance with procedures,
(a) if the determination is made on or before June 15, 1995, approved by the district
manager, or
(b) if the determination is made after June 15, 1995, set out in the Ministry of
Forests' publication, "Hazard Assessment Keys for Evaluating Site Sensitivity to Soil
Degrading Processes Guidebook", as amended from time to time;
"Nelson forest region" has the meaning defined in the Forest Regions
Regulation, B.C. Reg. 558/78;
"Prince George forest region" has the meaning defined in the Forest
Regions Regulation, B.C. Reg. 558/78;
"Prince Rupert forest region" has the meaning defined in the Forest
Regions Regulation, B.C. Reg. 558/78;
"riparian management zone" has the meaning defined in the Operational
Planning Regulation;
"riparian reserve zone" means that area, if any, situated adjacent to
a high value stream where the width is determined in accordance with section 5;
"risk of sediment delivery to streams" means a risk of sediment
delivery as determined in accordance with procedures,
(a) if the determination is made on or before June 15, 1995, approved by the district
manager, or
(b) if the determination is made after June 15, 1995, set out in the Ministry of
Forests' publication, "Mapping and Assessing Terrain Stability Guidebook", as
amended from time to time;
"road" means a road referred to in section 225 (1) (c), 226 (1) (b)
and a road under a cutting permit or proposed under a cutting permit;
"road construction or modification authority" means
(a) a road permit or application for a road permit,
(b) a cutting permit or an application for a cutting permit, and
(c) a road authorized under section 102 of the Forest Act;
"stream" means a watercourse, having an alluvial sediment bed, formed
when water flows on a perennial or intermittent basis between continuous definable banks;
"surface soil erosion" means for an area where a forest practice has
been carried out, the movement of soil particles from the area by wind, gravity, or water
at a rate that is greater than that which would have occurred had the forest practice not
been carried out;
"surface soil erosion hazard" means the surface soil erosion hazard as
determined in accordance with procedures,
(a) if the determination is made on or before June 15, 1995, approved by the district
manager, or
(b) if the determination is made after June 15, 1995, set out in the Ministry of
Forests' publication, "Hazard Assessment Keys for Evaluating Site Sensitivity to Soil
Degrading Processes Guidebook", as amended from time to time;
"Vancouver forest region" has the meaning defined in the Forest
Regions Regulation, B.C. Reg. 558/78.
- 2. (1) This regulation applies to a person required to assess cutblocks and roads
for conformity with the regulations under sections 225 and 226 of the Act and to the
assessments required under those sections.
(2) This regulation is repealed 2 years after it comes into force.
- 3. (1) The maximum cutblock size is 40 ha for the following areas:
(a) Vancouver forest region;
(b) Nelson forest region;
(c) Kamloops forest region.
(2) The maximum cutblock size is 60 ha for the following areas:
(a) Cariboo forest region;
(b) Prince Rupert forest region;
(c) Prince George forest region.
- 4. A cutblock must not be the subject of a cutting authority that authorizes
timber harvesting before previously harvested areas that are contiguous with the cutblock
are greened-up.
- 5. (1) The riparian reserve zones set out in Table A at the end of this section
apply to high value streams located in or immediately adjacent to a cutblock that is
subject to a silviculture prescription and to a road that is subject to a road permit, a
cutting permit or an authorization under section 102 of the Forest Act, if, on or
before June 15, 1995,
(a) the prescription is submitted for approval or prepared by the district manager, or
(b) the road permit application is submitted or the road is authorized.
(2) The riparian reserve zones and riparian management zones set out in Table B at the end
of this section apply to high value streams located in or immediately adjacent to a
cutblock that is subject to a silviculture prescription, and to a road that is subject to
a road permit, a cutting permit or an authorization under section 102 of the Forest Act,
if, after June 15, 1995,
(a) the prescription is submitted for approval under sections 41 to 43 of the Act or
prepared by the district manager, or
(b) the road permit application is submitted or the road is authorized.
(3) A cutblock referred to in subsection (1) or (2) must not have a cutting authority that
authorizes timber harvesting, or road construction or modification, in a riparian reserve
zone.
(4) A road referred to in subsection (1) or (2) must not be the subject of a road permit
or other authorization that authorizes road construction or modification in a riparian
reserve zone.
(5) Subsections (3) and (4), do not apply to road construction or modification at a
designated stream crossing specified in an operational plan.
TABLE A
| Stream Channel Width (m) |
Riparian Reserve Zone Width (m) |
| more than 20 |
30 |
| 7 up to and including 20 |
20 |
| 1.5 to less than 7 |
10 |
TABLE B
| Stream Channel(m) |
Riparian Reserve Zone Width (m) |
Riparian Management Zone Width (m) Width |
| more than 20 |
50 |
20 |
| 5 up to and including 20 |
30 |
20 |
| 1.5 to less than 5 |
20 |
20 |
| less than 1.5 |
0 |
30 |
- 6. (1) A cutblock must not have a cutting authority that authorizes the
harvesting of timber from an area in a community watershed if the area
(a) was known by the person submitting the application for the cutting permit or by the
district manager who advertised the timber sale licence to have a high likelihood of
landslides, at the time
(i) the application for the authority was submitted by the person, or
(ii) the timber sale licence was prepared by the district manager, or
(b) has a slope gradient of greater than 60%, unless
(i) a person referred to in section 10 has determined that the area does not have a high
likelihood of landslides, and
(ii) the determination under subparagraph (i) was considered by the district manager at
the time the cutting authority was approved, issued or advertised.
(2) A cutblock within a community watershed must not have a silviculture prescription
specifying clearcutting if the area
(a) was known by the person submitting the prescription for approval or by the district
manager who prepared the prescription at the time the silviculture prescription was
submitted by the person or prepared by the district manager, to have a moderate likelihood
of landslides and a high risk of landslide debris being deposited directly into streams,
or
(b) has a slope gradient of greater than 60%, unless
(i) a person referred to in section 10 has determined that the area does not have
(A) a moderate likelihood of landslides, and
(B) a high risk of landslide debris being deposited directly into streams, and
(ii) the determination under subparagraph (i) was considered by the district manager at
the time the silviculture prescription was submitted or prepared.
- 7. (1) A cutblock must not have a cutting authority that authorizes the
construction of an excavated or bladed trail unless the excavated or bladed trail has been
identified on the silviculture prescription or logging plan for the area.
(2) Despite subsection (1), a cutblock must not have a cutting authority that authorizes
the construction of an excavated or bladed trail on areas that have a slope gradient of
greater than 60%, unless one of the following paragraphs applies:
(a) the timber harvesting method is cable, or if similar minimal ground impact treatments
have been specified in the silviculture prescription;
(b) a person referred to in section 10 has determined that the area does not have
(i) a moderate or high likelihood of landslides, or
(ii) if within a community watershed, a high or very high surface soil erosion or mass
wasting hazard;
(c) a person referred to in section 10 has
(i) determined that the area has a moderate or high likelihood of landslides, or, if the
area is within a community watershed, that the area has a high or very high surface soil
erosion or mass wasting hazard,
(ii) completed a detailed site assessment for the area, and
(iii) formulated an opinion, on the basis of the detailed site assessment, that
constructing the excavated or bladed trail will not cause the terrain to become unstable.
(3) Subsection (2) (b) and (c) applies only if the relevant determination, site assessment
and opinion were considered by the district manager at the time the cutting authority was
approved, issued or advertised.
- 8. (1) A road that is outside of a community watershed must not have a road
construction or modification authority that authorizes the construction or modification of
a road on an area that has a slope gradient of greater than 60%, unless one of the
following paragraphs applies:
(a) the design of the road provides for full bench cuts and endhauling of materials from
the area;
(b) a person referred to in section 10 has determined that the area does not have a
moderate or high likelihood of landslides;
(c) a person referred to in section 10 has
(i) determined that the area has a moderate or high likelihood of landslides,
(ii) completed a detailed site assessment and road design for the area, and
(iii) formulated an opinion, on the basis of the detailed site assessment, that the road
design will protect the area from landslides.
(2) Subsection (1) (b) and (c) applies only if the relevant determination, site
assessment, road design, and opinion were considered by the district manager at the time
the road construction or modification authority was approved or otherwise given.
- 9. (1) A road that is within a community watershed must not have a road
construction or modification authority that authorizes the construction or modification of
a road on an area that has a slope gradient
(a) greater than 60%, or
(b) 60% or less, if the area was known by the person submitting the application, or by the
district manager with respect to roads referred to in section 226 (1) (b) of the Act, at
the time the application for the authority was submitted or the authority was prepared by
the district manager, to have
(i) a high likelihood of landslides, or
(ii) a very high surface soil erosion hazard and a high or very high risk of sediment
delivery to streams.
(2) Subsection (1) (a) does not apply if a person referred to in section 10
(a) has determined that the area does not have
(i) a high likelihood of landslides, or
(ii) a very high surface soil erosion hazard and a high or very high risk of sediment
delivery to streams, or
(b) has
(i) determined that the area has
(A) a high likelihood of landslides, or
(B) a very high surface soil erosion hazard and a high or very high risk of sediment
delivery to streams,
(ii) completed a detailed site assessment and road design for the area, and
(iii) formulated an opinion, on the basis of the detailed site assessment, that the road
design will protect the area from landslides.
(3) Subsection (1) (b) does not apply if a person referred to in section 10 has
(a) completed a detailed site assessment and road design for the area, and
(b) formulated an opinion, on the basis of the detailed site assessment, that the road
design will protect the area from landslides.
(4) Subsections (2) and (3) apply only if the relevant determination, site assessment,
road design and opinion were considered by the district manager at the time the road
construction or modification authority was approved or otherwise given.
- 10. The person referred to in sections 6 (1) (b) (i) and (2) (b) (i), 7 (2) (b)
and (c), 8 (1) (b) and (c) and 9 (2) and (3) must be a person who, in the district
manager's opinion, has sufficient training and experience to make the determination, site
assessment or road design or to formulate the opinion, referred to in each section.
- 11. Section 225 (1) (b) and (c) of the Act is suspended until December 16, 1995
and during that period the following paragraphs are substituted for section 225 (1) (b)
and (c):
(b) cutblocks identified on a forest development plan referred to in section 224 (2) of
this Act and section 83 of the Operational Planning Regulation, B.C. Reg. 174/95, for
which
(i) the holder may apply for a cutting permit, or
(ii) the holder of a pulpwood agreement may apply for a timber sale licence, and
(c) roads
(i) to be constructed or modified under
(A) a road permit,
(B) a cutting permit, or
(C) a timber sale licence under a pulpwood agreement
issued before June 15, 1995
(ii) to be constructed or modified under
- (A) a road permit,
(B) a cutting permit, or
(C) a timber sale licence under a pulpwood agreement
the application for which was submitted before June 15, 1995, or
(iii) identified on a forest development plan as roads for which the holder may apply for
a road permit in order to construct or modify the road.
[Provisions of the Forest Practices Code of British Columbia Act relevant to the
enactment of this regulation: sections 198, 211, 225 and 226] |
