16. (1) A person must deactivate a landing that is a permanent access structure when the landing is no longer required to facilitate harvesting operations.

(2) A person deactivating a landing must

(a) incorporate drainage systems to minimize runoff flowing onto the landing and erosion of the landing fill and material, and

(b) carry out measures to ensure that the landing is stable.

Requirement to rehabilitate a landing that is a temporary access structure

17. (1) A person must rehabilitate a landing that is a temporary access structure when the landing is no longer required to facilitate harvesting operations.

(2) Unless otherwise approved in an operational plan or authorized by the district manager in writing, with or without conditions, a person rehabilitating a landing must do all of the following:

(a) incorporate drainage systems to minimize runoff flowing onto the landing and erosion of the landing fill and material;

(b) carry out measures to ensure that the landing area is stable;

(d) spread retrievable soil material, that was displaced to construct the landing, over the surface of the landing;

(e) re-establish natural surface drainage;

(f) place some woody debris over exposed mineral soil;

(g) revegetate exposed mineral soil.

Maximum allowable soil disturbance for roadside work areas

18. A person carrying out roadside harvesting operations, including decking, processing, loading and any associated debris disposal or piling operations, must not cause soil disturbance to more than 25% of the area that is both within the net area to be reforested and used to carry out those activities.

Landing and roadside debris accumulations

19. (1) A person carrying out a harvesting operation must

(a) deposit debris that accumulates from the construction and use of landings in the area of the landing or in other areas that are approved by the district manager, and

(b) dispose of combustible landing and roadside debris, unless the district manager authorizes the person in writing to not dispose of it, and the district manager may attach conditions to the authorization.

(2) Subject to subsection (3), if the person burns the debris referred to in subsection�(1) (b) they must burn it in the first burning season after harvesting is completed or, if it is insect-infested, before the insects emerge.

(3) If the district manager determines that burning cannot take place as required under subsection (2) because the debris is too wet to burn or environmental conditions prevent burning, the district manager may authorize, in writing, a different period of time for completion of the disposal of the debris.

(4) If the method for disposing of debris accumulations resulting from roadside harvesting operations requires piling of the debris, the person carrying out the piling operation must not operate ground-based equipment on the area adjacent to the road during periods when the soil strength is not sufficient to prevent the wheels or tracks of the equipment, used to carry out the piling, from creating concentrated soil disturbance if it is apparent that continuing the piling operations will result in the total amount of soil disturbance within this area being greater than the amount specified in section 18.

Maintaining stream bank stability

20. A person carrying out harvesting or stream cleaning, for purposes other than constructing or modifying an authorized stream crossing, must not remove stable natural material that is in a stream or that is embedded in a stream bank, or a root system that contributes to stream bank stability and fish habitat, unless authorized by the designated environment official.

Temporary stream crossings

21. (1) A person carrying out harvesting must not construct a temporary stream crossing unless it is approved in an operational plan or authorized by the district manager in writing, with or without conditions.

(2) A person carrying out harvesting must locate, construct and use a temporary stream crossing in a manner that

(a) protects the stream channel and stream bank, immediately above and below the stream crossing, and

(b) mitigates disturbance to the stream channel and stream bank at the crossing.

(3) Without limiting subsection (1), the person must carry out construction, repair or removal of a temporary stream crossing and other operations in a fish stream in accordance with timing windows or measures required to adequately manage and conserve aquatic resources provided in writing by a designated environment official.

(4) A person carrying out harvesting must remove all temporary stream crossings at the completion of harvesting, unless the district manager waives this requirement.

(5) Despite subsection (4), if a road layout and design applies to the temporary stream crossing the removal must be in accordance with that road layout and design and with any deactivation measures.

Retention of streamside trees

22. (1) A person who harvests timber in a riparian management zone for a S4, S5 or S6 stream must retain a sufficient number of those streamside trees whose crowns provide the shade to the stream that is required to prevent the stream temperature from increasing if the stream is a direct tributary to a S1, S2, S3 or S4 stream that is a known temperature sensitive stream.

(2) A person who harvests timber adjacent to a S4, S5 or S6 stream that

(a) is a direct tributary to a S1, S2 or S3 stream or to a marine-sensitive zone, and

(b) has trees that provide, or contribute significantly to the maintenance of, stream bank or channel stability, or both,

must retain, standing adjacent to the stream, the number and distribution of the trees referred to in paragraph (b) that is sufficient to maintain the stream bank or channel stability, or both, as the case may be.

Constraining slash and debris in and around aquatic environments

23. A person carrying out harvesting 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;

(d) a fish stream;

(e) a stream in a community watershed;

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

(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 and result in increased sediment deposition in the areas listed in (a) to (f).

Restricted operation of machinery

24. (1) A person carrying out harvesting must not permit the tracks or wheels of ground- based machinery within 5 m of a stream bank except in any of the following cases:

(a) for carrying out fire fighting activities;

(b) in response to natural disasters;

(d) if operations are 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 or utility,

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

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

(b) in the opinion of the district manager,

(i) no other practicable option exists for carrying out the harvesting operation, or

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

(3) A person carrying out harvesting must not fuel or service machinery within 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

(a) hand held,

(b) required for fire fighting,

(d) authorized in a logging plan to be fuelled or serviced in the area, or

(e) in the absence of a logging plan, authorized in writing by the district manager to be fuelled or serviced in the area.

Authorization to cut trees for survey or fire control and silviculture treatments

25. For the purposes of section 96 (1) (e), (f) and (f.1) of the Act, a person is authorized to cut, damage or destroy Crown timber in the course of carrying out

(a) duties as a land surveyor

(b) fire control or suppression operations, or

(c) silviculture treatments that are approved by the district manager or funded under the Forest Investment Vote in the estimates of the ministry. NEW

Free miner's incidental harvesting

26. (1) Pursuant to section 96 (1) (c) of the Act, Crown timber may be cut, damaged or destroyed by hand held tools for the purpose of mineral exploration by a free miner under the Mineral Tenure Act before the free miner requires a permit under section 10 of the Mines Act.

(2) Except for minor clearing of brush and downed trees, subsection (1) does not permit cutting, damaging or destroying Crown timber beyond the minimum necessary, consistent with the safety of persons carrying out the activities.

General wildlife measures

27. A person carrying out harvesting in a known wildlife habitat area must carry it out in accordance with 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.

Minor salvage operations in sensitive ecosystems

28. A person must not carry out a minor salvage operation in any of the following areas unless harvesting the area has been approved in a silviculture prescription or the person has received in writing from the district manager the terms and conditions that apply to the carrying out of the minor salvage operation:

(a) riparian management zones;

(b) known forest ecosystem networks;

(d) known old growth management areas;

(e) known ungulate winter ranges.

Harvesting in old growth management areas

29. A person carrying out harvesting in a known old growth management area must not clearcut in the area unless

(a) clearcutting the area has been approved in a forest development plan, or

(b) if there is no forest development plan that includes the area, clearcutting the area has been authorized in writing by the district manager with the agreement of a designated environment official, with or without conditions.

Harvesting in known ungulate winter ranges

30.[repealed]

indicate most recent changes to this page

FOREST AND RANGE LEGISLATION AND REGULATIONS COMPENDIUM

TIMBER HARVESTING PRACTICES REGULATION

[ Top of Page ]
[ Amendment Log | Forest and Range Legislation and Regulations Compendium Table of Contents ]
[ Information Management Group Home | Ministry of Forests' Home | Ministry of Forests' Search ]
[ B.C. Government Home | B.C. Government Search ]

Ministry of Forests Logo [GIF 4K] Information Management Group, B.C. Ministry of Forests

Comments

This document last updated: July 12, 2002.
URL: /tasb/legsregs/archive/fpc/fpcaregs/timharvp/thpr1.htm