Ministry of Forests, Lands and Natural Resource Operations
Regulations - Forest Practices Code of BC Act

OPERATIONAL AND SITE PLANNING REGULATION

PART 10 - GREEN-UP

B.C. Reg. 107/98 Deposited April 2, 1998
O.C. 0426/98 effective June 15, 1998, (Consolidated to December 12, 2003)

 

PART 10 - GREEN-UP

Definitions

67. In this Part:

"adequately stocked" means having

(a) on the Coast, 800 or more trees per ha, and

(b) in the Interior, 1 000 or more trees per ha,

that are a commercially valuable species and at least 1.3 m in height;

"cutblock" means a cutblock as defined in the Act, except that the licence, forest development plan or permit referred to in that definition means the most recently approved licence, plan or permit for the area, whether or not it has expired;

"net area" means, with respect to a cutblock,

(a) the net area to be reforested as identified in the most recent silviculture prescription for the cutblock, whether or not the silviculture prescription has expired, or

(b) if no silviculture prescription identifies a net area to be reforested for the cutblock, the area of the cutblock excluding all of the following:

(i) any area occupied by permanent access structures;

(ii) any area of rock, wetland or other area that in its natural state is incapable of growing commercially valuable trees;

(iii) any contiguous area within the cutblock of more than 4 ha that is composed of non-commercial forest cover;

(iv) any area reserved from harvesting because of wildlife trees or riparian reserve zones;

 

Greened-up

68. (1) When exercising a discretion under subsection (3) or (5) to (8), the district manager

(a) may exercise the discretion with respect to a cutblock or all or part of the forest district, and

(b) must give written notice of the applicable requirement or variation to any agreement holder who may be affected.

(2) When exercising a discretion under subsection (3) (a) or (6), the district manager must be satisfied that

(a) any increase in green-up requirements is necessary to adequately manage and conserve hydrological, wildlife, recreational and scenic values, and

(b) any decrease in green-up requirements will adequately manage and conserve these values.

(3) A cutblock is greened-up if the follwing portion or percetange of the cutblock meets the requirements of subsections (4) to (8):

(a) 75% of its net area, or another percentage of its net area specified by the district manager, or

(b) another portion of the cutblock specified by the district manager, that is

(i) adjacent to the cutblock proposed for harvest, and

(ii) sufficient in size to adequately manage and conserve the forest resources.

(4) If a higher level plan specifies a requirement that is different than a requirement referred to in this section, the requirement specified in the higher level plan prevails to the extent of the difference.

(5) If no higher level plan specifies a green-up requirement that applies to the cutblock, the cutblock is greened-up if it is

(a) adequately stocked and the average height of those trees that are

(i) the tallest tree in each 0.01 ha plot included in a representative sample, and

(ii) a commercially valuable species or other species acceptable to the district manager

is at least 3m or another height specified under subsection (8), or

(b) not adequately stocked, and

(i) the average height of those trees that are

(A) the tallest tree in each 0.01 ha plot included in a representative sample, and

(B) a commercially valuable species or other species acceptable to the district manager

is at least 3.5 m or another height specified under subsection (8), and

(ii) either

(A) the cutblock is stocked with at least 500 trees per ha for the Coast or 700 trees per ha for the Interior, that are a commercially valuable species and at least 1.3 m in height, or

(B) the person proposing to harvest areas adjacent to the cutblock satisfies the district manager that the cutblock is stocked with a sufficient number of trees per ha of a species that will result in adequate management and conservation of hydrological, wildlife, recreational and scenic values.

(6) In addition to the requirements under subsection (5), if the district manager has specified that a number of trees per ha of at least 3 m in height is reqired for a cutblock to be greened-up, the cutblock must have at least that number to be greened-up.

(7) For the purpose of subsection (5), the district manager may specify that a species is excluded from being counted for the purpose of determining the average height of the tallest trees, if the district manager determines that the species

(a) if deciduous, does not result in adequate management and conservation of hydrological, wildlife, recreational or scenic values, or

(b) may be subject to removal or modification.

(8) The district manager may vary an average height requirement referred to in subsection (5)

(a) to a height that is less than 3 m, if the district manager is satisfied that the reduced height will adequately manage and conserve the forest resources, or

(b) to a height that is greater than 3 m, if the district manager is satisfied that a greater height is necessary to adequately manage and conserve hydrological, wildlife, recreational and scenic values.

 


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