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

OPERATIONAL AND SITE PLANNING REGULATION

PART 1 - INTERPRETATION

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

 

PART 1 - INTERPRETATION

Definitions

Definitions: from "Act" to "riparian reserve zone"

"risk of sediment delivery to streams" means the risk of sediment delivery to streams as determined in accordance with the Ministry of Forests' publication, "Hazard Assessment Keys for Evaluating Site Sensitivity to Soil Degrading Processes Guidebook", as amended from time to time;

"sanitation treatment" means tree removal or modification operations designed to reduce damage caused by forest pests and to prevent their spread;

"scenic area" means any visually sensitive area or scenic landscape identified through a visual landscape inventory or planning process carried out or approved by the district manager;

"seed tree" means a silvicultural system in which selected trees are left standing after the initial harvest to provide a seed source for natural regeneration;

"shelterwood" means a silvicultural system in which trees are removed in a series of cuts designed to achieve a new even-aged stand under the shelter of remaining trees;

"single tree selection" means a silvicultural system in which age classes are created or maintained by the removal of individual trees of all size classes, uniformly throughout the stand, of individual trees of all size classes;

"site plan" means a site plan required under section 21.1 of the Act unless the context indicates otherwise;

"snow course" means permanent sample sites established or approved by the government for the purposes of measuring the water content of the snow pack on a given area;

"soil compaction hazard" means the soil compaction hazard as determined in accordance with procedures 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;

"soil displacement hazard" means a soil displacement hazard as determined in accordance with procedures 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;

"soil erosion hazard" means the soil erosion hazard as determined in accordance with procedures 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;

"soil erosion potential" means the result of an interpretation of terrain maps that ranks the potential for soil erosion in accordance with procedures set out in the Ministry of Forests' publication, "Mapping and Assessing Terrain Stability Guidebook", as amended from time to time;

NEW"Southern Interior Forest Region" has the same meaning as in the Forest Regions and Districts Regulation;NEW

"species at risk" means

(a) any wildlife species that, in the opinion of the Deputy Minister of Water, Land and Air Protection, or a person authorized by that deputy minister, is threatened, endangered, sensitive, or vulnerable,

(b) any threatened and endangered plants or plant communities identified by the Deputy Minister of Water, Land and Air Protection, or a person authorized by that deputy minister, as requiring protection, and

(c) regionally important wildlife as determined by the Deputy Minister of Water, Land and Air Protection or a person authorized by that deputy minister;

"standards unit" means an area that

(a) is under a silviculture prescription or a site plan , and

(b) is subject to the same

(i) regeneration date, free growing date and stocking requirements, or

(ii) soil disturbance limits;

"stocking requirements" means

(a) for an area under a site plan, the attributes specified in section 18.1 for a free growing stand required under section 69.1 of the Act, and

(b) for an area under a silviculture prescription, the attributes specified in section 39 for a free growing stand required under section 70 of the Act;

"stream" means any reach, flowing on a perennial or seasonal basis having a continuous channel bed, whether or not the bed or banks of the reach are locally obscured by overhanging or bridging vegetation or soil mats, if the channel bed

(a) is scoured by water, or

(b) contains observable deposits of mineral alluvium;

"temporary access structure" means

(a) an excavated or bladed trail,

(b) a main skid trail, backspar trail, corduroyed trail or similar structure that is identified in a silviculture prescription or logging plan as a temporary access structure, or

(c) a road, landing, pit or quarry that is identified in an operational plan as a temporary access structure;

"terrain stability field assessment" means an on-site assessment by a qualified registered professional, of either the potential impact of timber harvesting, or the construction of excavated or bladed trails, on terrain stability, carried out in accordance with procedures set out in the Ministry of Forests' publication, "Mapping and Assessing Terrain Stability Guidebook", as amended from time to time;

(a) if before December 15, 1998, by a person qualified to assess terrain stability and soil erosion hazards, and

(b) if on or after December 15, 1998, by a registered professional qualified to assess terrain stability and soil erosion hazards;

"terrain stability hazard map" means a detailed map of terrain stability hazards produced at a terrain survey intensity level B or C, in accordance with procedures set out in the Ministry of Forests' publication, "Mapping and Assessing Terrain Stability Guidebook", as amended from time to time;

"threatened or endangered fish" means a fish species that in the opinion of the Deputy Minister of Water, Land and Air Protection, or a person authorized by that deputy minister, is threatened or endangered;

"uneven-aged stand" means a stand of trees consisting of 3 or more age classes;

"ungulate winter range" means an area that is identified as being necessary for the winter survival of an ungulate species by any of the following:

(a) a higher level plan;

(b) the Deputy Minister of Water, Land and Air Protection under section 69;

(c) a wildlife management plan or strategy approved before October 15, 1998

(i) by

(A) the district manager or regional manager, and

(B) the designated environment official,

(ii) by the chief forester, or

(iii) by the ministers authorized to approve such plans,

but a wildlife management plan or strategy approved under this paragraph expires on October 15, 2003, unless

(iv) modified under paragraphs (a) or (b), or

(v) confirmed before that date under section 69;

"unstable or potentially unstable terrain" means an area identified on a reconnaissance terrain stability map as an area that has unstable or potenially unstable terrain;

"visual quality objective" means a resource management objective established by the district manager or contained in a higher level plan that reflects the desired level of visual quality based on the physical characteristics and social concern for the area;

"watershed assessment" means an assessment of the cumulative impact that proposed activities and developments would have on stream flows, suspended sediment, landslide and stream channel stability within the watershed;

"wetland" means a swamp, marsh or other similar area that supports natural vegetation that is distinct from adjacent upland areas;

"wildlife habitat area" means a wildlife habitat area established under section 70;

"wildlife habitat feature" means

(a) a significant mineral lick or wallow,

(b) an active nest of a bald eagle, osprey or great blue heron, or

(c) any other localized feature identified by a designated environment official;

"wildlife tree" means a tree or group of trees that are to be reserved or retained to provide wildlife habitat.

(2) In the Act and regulations:

"compacted area" means an area of soil that

(a) is greater than 100 m2 in area and greater than 5 m wide

(b) has a moderate, high or very high soil compaction hazard or, except on areas harvested using cable or aerial systems, an assessment of its soil compaction hazard has not been done,

(c) has been compacted by equipment travelling over it, and

(d) has one or more of the following attributes:

(i) altered soil structure or increased density relative to the surrounding undisturbed soil,

(ii) soil puddling;

(iii) compacted deposits of forest floor, fine slash, and woody debris overlaying or crushed into the mineral soil;

"corduroyed trail" means logs and woody debris placed side-by-side to form a surface greater than 2 m in length capable of supporting equipment traffic;

"dispersed disturbance" means areas of soil occupied by dispersed trails, gouges and scalps;

"excavated or bladed trail" means a constructed trail that has

(a) an excavated or bladed width greater than 1.5 m, and

(b) a mineral soil cutbank height greater than 30 cm.

"resource feature" means a resource feature as defined in section 51 (1) of the Act and includes the following features:

(a) wildlife habitat features;

(b) streams, wetlands and lakes;

(c) government approved experimental projects, growth and yield plots, operational trials and research installations;

(d) recreation facilities;

(e) snow courses;

(f) domestic water supply intakes and related water supply infrastructures;

(g) marine-sensitive zones.

(3) The following definitions apply for the purposes of subsection (2):

"dispersed trail" means an area that is not a compacted area but that, due to equipment traffic on the soil, has the following attributes:

(a) impressions or ruts in the soil that are at least

(i) 30 cm wide, 2 m long and a minimum of 15 cm deep where depth is measured from the surface of the undisturbed forest floor to the deepest point in the cross-section over the entire length of 2 m, or

(ii) if the area has a high or very high soil compaction hazard or, except on areas harvested using cable or aerial systems, the assessment of the soil compaction hazard has not been done, 30 cm wide, 2 m long and a minimum of 5 cm deep where depth is measured from the surface of the undisturbed mineral soil to the deepest point in the cross-section over the entire length of 2 m;

(b) on an area of soil, at least 1 m x 2 m, that

(i) either

(A) has a moderate, high or very high soil compaction hazard, or

(B) except on areas harvested using cable or aerial systems, has not been subject to a soil compaction hazard assessment, and

(ii) has one or more of the following:


(A) altered soil structure or increased density relative to the surrounding undisturbed soil;

(B) soil puddling;

(C) compacted deposits of forest floor, fine slash, and woody debris overlying or crushed into the mineral soil;

"gouge" means an excavation into the mineral soil that is

(a) deeper than 30 cm,

(b) deeper than 5 cm where it covers

(i) at least 80% of a 1.8 m x 1.8 m area, or

(ii) an area of a least of 1 m x 3 m, or

(c) to the depth of the underlying bedrock;

"scalp" means an area in which the forest floor has been removed from

(a) over 80% of a 3 m x 3 m area,

(b) over 80% of a 1.8 m x 1.8 m area if the area

(i) has a moderate or high likelihood of landslides,

(ii) has a very high soil displacement hazard,

(iii) has a very high soil compaction hazard or soil erosion hazard, or

(iv) was not harvested using cable or aerial systems and has not been assessed for hazards relating to soil compaction, soil erosion or soil displacement;

(4) Distances referred to

(a) in Parts 1 to 7, are horizontal distances, and

(b) in Part 8, are slope distances.


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