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

SILVICULTURE PRACTICES REGULATION

Contents

B.C. Reg. 108/98 Deposited April 2, 1998
O.C. 0427/98 effective June 15, 1998 (Consolidated to December 10, 2001)

 

PART 1 - DEFINITIONS AND INTERPRETATION
PART 2 - GENERAL
PART 3 - SILVICULTURE TREATMENTS
PART 4 - PROTECTING THE ENVIRONMENT AND SITE REHABILITATION
PART 5 - OFFENCES


FORMS

PART 1 - DEFINITIONS AND INTERPRETATION

Definitions and interpretation

1. (1) Unless otherwise indicated, words and expressions not defined in this regulation have the meaning given to them in the Operational Planning Regulation.
(2) In this regulation:

"fisheries-sensitive zone" means a flooded depression, pond or swamp, that

(a) either perennially or seasonally contains water, and

(b) is seasonally occupied by a species of fish listed in the definition of "fish stream" in the Operational Planning Regulation,

but does not include a wetland or lake that has a riparian management area established under Part 8 of the Operational Planning Regulation or a stream;

"known", when used to describe a feature, objective or other thing referred to in this regulation as known, means a feature, objective or other thing that is

(a) identified in an operational plan that applies to the area, as a known objective, feature or thing, or

(b) if there is no operational plan,

(i) contained in a higher level plan, or

(ii) otherwise identified or made available to a person by the district manager or designated environment official,

before the exemption of the operational plan;

"silviculture treatment" means a treatment

(a) carried out to create the post harvest stand structure or site conditions specified in a silviculture prescription,

(b) referred to in section 13 or 20,

(c) under a stand management prescription, or

NEW(d) carried out under an exemption from a silviculture prescription made under the Bark Beetle Regulation.NEW

(3) If there is a conflict between the Workers Compensation Act or a regulation made under that Act and this regulation, the Workers Compensation Act or the regulation made under that Act, prevails.

(4) References in this regulation to the district manager include references to a designated forest official authorized by the district manager unless the context indicates otherwise.
 

 

PART 2 - GENERAL

Authorization under section 96 of the Act

2. For the purposes of section 96 (1) (g) of the Act, a person is authorized to cut, damage or destroy Crown timber in the course of carrying out activities under and in accordance with a silviculture prescription for a backlog area or a stand management prescription.



Protecting resource features

3. [Repealed]



Felling or modification of trees in a riparian reserve zone

4. (1) A person who carries out a silviculture treatment must not fell or modify trees in an area that is a riparian reserve zone unless

(a) the felling or modification has been approved, in writing, by the district manager in an operational plan for one or more of the following purposes:

(i) undertaking recreational facility management;

(ii) reducing windthrow potential by topping or pruning;

(iii) removal of trees for approved stream crossings;

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

(v) removal of any tree that is hazardous to workers because of location or lean, physical damage, overhead hazards, deterioration of limbs, stems or root system or a combination of these;

(vi) any other similar activity, or

(b) the felling or modification has been approved, in writing, by the district manager, with the agreement of a designated environment official in writing, for one or more of the following purposes:

(i) sanitation treatments;

(ii) managing fisheries values and wildlife values;

(iii) any other similar activity.

(2) Subsection (1) applies to a riparian reserve zone whether or not the stream, wetland or lake to which the reserve zone relates has been identified or has received the correct riparian classification in an operational plan.

(3) For the purposes of subsection (2), a stream, wetland or lake is not shown with an incorrect riparian classification in an operational plan by reason only that the law that applied to the plan at the time it was approved or given effect is subsequently changed, unless an enactment specifically provides otherwise.



Constraining slash and debris in and around aquatic environments

5.A person who carries out a silviculture treatment must not deposit a volume of slash or debris, capable of damaging fish habitat or reducing water quality, into any of the following:

(a) a lake;

(b) a wetland;

(c) a fisheries-sensitive zone or a marine-sensitive zone;

(d) a fish stream;

(e) a stream in a community watershed;

(f) a stream with known licensed domestic water supply intake downstream of the area being treated;

(g) a stream that

(i) can transport the slash and debris into any of the areas listed in paragraphs (a) to (f), or

(ii) may be destabilized by the accumulated slash and debris, resulting in increased sediment deposition in the areas listed in paragraphs (a) to (f).



Restricted operation of machinery

6.(1) A person who carries out a silviculture treatment must not permit tracks or wheels of ground based machinery within 5 m of a stream bank except in the following cases:

(a) for carrying out fire fighting activities;

(b) in response to natural disasters;

(c) at stream crossings authorized by the district manager;

(d) if operations will be conducted in a manner that protects stream banks and minimizes damage to understory vegetation.

(2) The district manager may exempt a person from the requirements of subsection (1) if

(a) the machinery is operated

(i) to construct or maintain a range development,

(ii) to construct or maintain a work or to carry out an activity within or adjacent to streams for the purpose of controlling soil erosion, protecting stream banks or managing fisheries or wildlife, or

(iii) for an activity similar to one described in subparagraphs (i) and (ii), or

(b) in the opinion of the district manager,

(i) no other practicable option exists for carrying out the silviculture treatment, or

(ii) operating the machinery more than 5 m from the stream bank will increase the risk of sediment delivery.

(3) A person who carries out a silviculture treatment must not fuel or service machinery in a riparian management area of a stream or wetland or within 30 m of a lakeshore.

(4) Subsection (3) does not apply on an approved landing or road, or to machinery that is any of the following:

(a) hand held;

(b) required for fire fighting;

(c) broken down and requires fuelling or servicing to be moved;

(d) authorized in a silviculture prescription or stand management prescription to be fuelled or serviced in the area;

(e) authorized by the district manager to be fuelled or serviced in the area.



General wildlife measures

7.A person who carries out a silviculture treatment in a known wildlife habitat area must carry it out in accordance with known general wildlife measures that are

(a) established for application within the wildlife habitat area, and

(b) made available to the person by the district manager or designated environment official at the time the wildlife habitat area is made known.


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