|
Regulations
- Forest Practices Code of BC ActWOODLOT
LICENCE FOREST MANAGEMENT REGULATION
Contents
B.C. Reg. 325/98 Deposited September 23, 1998
O.C. 1202/98 Effective November 30, 1998 (Consolidated to December 12, 2003)
- PART 1 Definitions and
Interpretation
- PART 2 Operational Plans
- PART 3 General Forest Practices
- PART 4 Roads
- PART 5 Harvesting Practices
- PART 6 Silviculture
- PART 7 Riparian Widths
- PART 7.1 Ungulate Winter Range and Identified Wildlife
- PART 8 Offences
- PART 9
-
|
|
|
|
|
|
|
|
|
|
| |
39 |
|
In this
Part: |
| |
"cut slope" means the face of an
excavated bank required to lower the natural ground line to
the desired road profile; |
| |
"drainage system" means a system
designed to control the flow of water within a  clearing width; |
| |
"ford" means a dip in a road
constructed to facilitate crossing a stream; |
|
"road prism" means an area consisting of the road surfaces and any cut slope and road fill; |
| |
"safe fish passage" means safe
passage of fish for the purposes of spawning, rearing or
migration; |
| |
"stream culvert" means a culvert used
to carry stream flow in an ephemeral or perennial stream
channel from one side of the road to the other; |
| |
"wilderness road" means a forest
service road, or a road that is subject to a road permit, road use permit or cutting permit, that is not being used for any of the
purposes set out in section 54 (1) and (2) of the
Act. |
|
|
|
|
|
|
|
|
|
|
|
| |
40 |
|
This Part
applies only to Crown land in a woodlot licence area and to
Crown land under a road permit issued to the holder of a
woodlot licence. |
|
|
|
|
|
|
|
|
Authority to construct, modify
or use a road on Crown
land |
| |
41 |
(1) |
Repealed. [B.C.Reg.
350/2002, Sch. K] |
| |
(2) |
A holder
of a woodlot licence may use a road constructed or modified
under a cutting permit after the permit expires and is exempt
from section 54 (1) of the Act to the extent necessary to use
the road. |
| |
(3) |
Subject
to subsection (4), a holder of a woodlot licence using a road
on Crown land for a minor harvesting operation is exempt from
section 54 (1) of the Act if |
| |
(a) |
the road
has not been deactivated, and |
| |
(b) |
the road
is not modified to allow the use. |
| |
(4) |
A holder
of a woodlot licence described in subsection (3) is not exempt
under that subsection and section 54 (1) of the Act applies to
the holder if the district manager notifies the holder that
the district manager believes that the use of the road
will |
| |
(a) |
materially affect the use of the road by
others, or |
| |
(b) |
adversely
impact forest resources. |
| |
(5) |
A holder
of a woodlot licence using a road as described in subsection
(3), |
| |
(a) |
must give
to any holders of road permits and road use permits for the
road at least 48 hours’ notice of the date on which the holder
of the woodlot licence will commence to use the road, |
| |
(b) |
if the
road is not subject to a road permit, road use permit, special
use permit, cutting permit or timber sale licence that does
not provide for cutting permits, must maintain the road while
using it for the minor harvesting operation in accordance with
the maintenance requirements that under the Act are applicable
to a road permit, and |
| |
(c) |
if the
road is subject to a road permit, road use permit, special use
permit, cutting permit or timber sale licence that does not
provide for cutting permits, must |
| |
(i) |
contribute a reasonable amount for the
routine maintenance of the road, and |
| |
(ii) |
pay for,
or repair, damage to the road caused by the holder’s use of
the road. |
|
|
|
|
|
|
|
|
|
|
|
| |
41.1 |
(1) |
A holder
of a woodlot licence is exempt from the requirement in section
58 of the Act to identify a road in a forest development plan
before constructing or modifying the road if the road is to
facilitate the harvesting of bark beetle infested timber or
timber damaged by wind. |
| |
(2) |
A holder
of a woodlot licence is exempt from the requirement of
section 60 (3) (b) of the Act to make a road layout and
design publicly available. |
|
|
|
|
|
|
|
|
|
|
|
| |
42 |
|
Repealed. [B.C.Reg.
350/2002, Sch. K] |
|
|
|
|
|
|
|
|
Road
layout and design and
related
assessments – general |
| |
43 |
(1) |
Before a
holder of a woodlot licence carries out road construction or
modification, the holder must: |
| |
(a) |
determine
the riparian class of a stream, wetland or lake, that is in or
adjacent to the proposed road or road work; |
| |
(b) |
subject
to subsection (2.1), carry out an archaeological impact
assessment, and make the assessment available to the district
manager if the district manager notifies the holder in writing
that an archaeological impact assessment is necessary to
adequately manage and conserve archaeological sites in the
area affected by the road or road work. |
| |
(2) |
Subject
to subsection (2.1), if the proposed road is within a scenic
area with established visual quality objectives identified in
a forest development plan, the holder of a woodlot licence
must demonstrate to the satisfaction of the district manager
that the road construction or modification is consistent with
the established visual quality objectives for that area. |
| |
(2.1) |
Subsections (1) (b) and (2) do not apply
to a road modification, in relation to the repair of, or
physical change to, an existing road, if the modification
consists of replacing or adding a stream culvert or a bridge,
or providing structural repairs to a bridge or major
culvert. |
|
(3) |
For the purposes of section 60 of the Act, the holder of a woodlot licence must obtain the district manager's approval of a road layout and design if |
| |
(a) |
except
for crossings, the road is proposed to be located within a
riparian management area; |
| |
(b) |
the road
is proposed to be located in a community watershed and within
100 m of a known licensed community water supply
intake, or |
| |
(c) |
during and after construction, as a result of the road building practices employed, the likelihood of a landslide occurring is greater than low, on terrain that impacts or is impacted by that road, as determined by a site inspection under section 44.1. |
| |
(4) |
A holder
of a woodlot licence must ensure that a road layout and design
is consistent with information provided to the holder by the
district manager at least 4 months before the road layout and
design is submitted to the district manager for
approval. |
| |
(5) |
Repealed. [B.C.Reg.
350/2002, Sch. K] |
| |
(6) |
Repealed. [B.C.Reg.
350/2002, Sch. K] |
| |
(6.1) |
Repealed. [B.C.Reg.
350/2002, Sch. K] |
| |
(7) |
Repealed. [B.C.
Reg. 18/2001, Sch. 3] |
| |
(8) |
Repealed. [B.C.Reg.
350/2002, Sch. K] |
| |
(9) |
Repealed. [B.C.Reg.
350/2002, Sch. K] |
|
|
|
|
|
|
|
|
|
|
|
| |
44 |
(1) |
A holder
of a woodlot licence required to prepare a road layout and
design must |
| |
(a) |
locate
the road to be consistent with higher level plans, any
approved operational plan, cutting permit, road permit or
special use permit, and |
| |
(b) |
select
and locate stream crossings so that |
| |
(i) |
channel
and bank disturbances at the crossing, or immediately upstream
and downstream, can be prevented or mitigated, and |
| |
(ii) |
any
bridge or culvert will be stable. |
| |
(2) |
A road
and related works and activities must be located outside a
riparian reserve zone or riparian management zone, except for
crossings, unless in the opinion of the district
manager, |
| |
(a) |
no other
practicable option exists, or |
| |
(b) |
locating
the road outside the riparian reserve zone or riparian
management zone will create a higher risk of sediment delivery
to a stream. |
| |
(3) |
A road in
a community watershed must not |
| |
(a) |
be
located within a 100 m radius upslope of a licensed community
water supply intake, unless the district manager agrees that
the road may be located closer to the intake, or |
| |
(b) |
interfere
with the subsurface flow path of a drainage area that
contributes to a spring if the information concerning the
subsurface flow is made available by the district manager 4
months before the commencement of road construction or
modification. |
| |
(4) |
Subsection (3) (a) does not apply to
a road servicing a licensed community water supply
intake. |
| |
|
|
|
44.1 |
|
A holder of a woodlot licence who is required to prepare a road layout and design must ensure that a site inspection is carried out to determine whether measures are required to reduce the likelihood of a landslide occurring, or to reduce the likelihood of a landslide affecting forest resources, if |
| |
(a) |
terrain stability mapping indicates that the road is located on terrain that is unstable or potentially unstable, |
| |
(b) |
the mapping referred to in paragraph (a) has not been done, and the road is located on terrain with slopes greater than 60%, or |
| |
(c) |
the road is located on terrain where there are indicators of slope instability. |
|
|
|
|
|
|
|
|
|
Content
of road layout and design |
|
45 |
(1) |
A holder
of a woodlot licence who is required to prepare a road layout and design must ensure that it includes |
| |
(a) |
a map showing the location of the road, as determined by a field traverse, with the stream or lake crossings indicated on the map, |
| |
(b) |
measures to reduce the likelihood of a landslide occurring, or to reduce the likelihood of that landslide affecting forest resources, if a site inspection that has been carried out under section 4.1 indicates that those measures are needed to achieve that reduction, |
| |
(c) |
a requirement to provide a written statement described under section 8 (1) (i) if the road is in terrain described in section 4.1, and the person preparing the measures under paragraph (b) determines that |
| |
(i) |
the complexity of the design makes it difficult to implement, or |
| |
(ii) |
the extent and nature of the work actually carried out leading up to completion is not readily discernible after completion, |
| |
(d) |
the results of a visual impact assessment, within an area that is a known scenic area, that demonstrates that the road work is consistent with the established visual quality objectives for that area, and |
| |
(e) |
the results of an archaeological impact assessment that meets the requirements of the minister responsible for the Heritage Conservation Act if the district manager is satisfied that the assessment is necessary to adequately manage and conserve archaeological sites in the area affected by the road or road work. |
| |
(2) |
A road layout and design that is referred to in subsection (1) must include |
| |
(a) |
the information described in section 5, |
| |
(b) |
for subsection (1) (a) and (b), the rationale for the road layout and design, and |
| |
(c) |
for subsection (1) (c), the rationale for the road layout and design, including |
| |
(i) |
information about the likelihood of landslide occurrence, and |
| |
(ii) |
if a landslide were to occur, information about the type of forest resources at risk of harm and the likelihood of such a landslide affecting those forest resources. |
| |
(3) |
The district manager must approve a road layout and design referred to in subsection (1) if |
| |
(a) |
it conforms to the requirements of section 5, and |
| |
(b) |
the district manager is satisfied that the road layout and design adequately manages and conserves forest resources. |
|
|
|
|
|
|
|
|
|
Drainage
design [Repealed] |
|
46 |
|
Repealed. [B.C. Reg. 292/2003, effective August 5, 2003] |
|
|
|
|
|
|
|
|
|
Requirements for designs of
bridges, culverts, etc. [Repealed] |
|
47 |
|
Repealed. [B.C. Reg. 292/2003, effective August 5, 2003] |
|
|
|
|
|
|
|
|
|
Requirements for designs of bridges, culverts, etc. |
|
47.1 |
(1) |
A person required to construct or modify a road in compliance with section 62 (1) of the Act or maintain a road in compliance with section 63 of the Act who |
| |
(a) |
builds a bridge across a stream, or |
| |
(b) |
installs a culvert in a stream, |
| |
|
must ensure that the bridge or culvert is designed to pass the highest peak flow of the stream that can reasonably be expected within the return periods specified in the following table for the length of time it is anticipated the bridge or culvert will remain on the site: |
| |
How long it is anticipated the bridge
or culvert will remain on the site |
Peak flow return period |
| For a bridge or culvert that will remain on site for up to 3 years |
10 years |
| For a bridge that will remain on site from 3 to 15 years |
50 years |
| For a bridge that will remain on site for over 15 years |
100 years |
| For a culvert that will remain on site for over 3 years |
100 years |
For a bridge or culvert, within a community watershed,
that will remain on site for over 3 years |
100 years |
|
| |
| |
(2) |
Despite subsection (1), a person referred to in that subsection may build a bridge or install a culvert that will not pass the highest peak flow of the stream that can reasonably be expected within the return periods specified in that subsection, if |
| |
(a) |
in the case of a culvert, the stream is not a fish stream, |
| |
(b) |
the bridge or culvert will pass the flow that will occur during the period the bridge or culvert remains on the site, |
| |
(c) |
the building or installation occurs during a period of low flow, |
| |
(d) |
the bridge, a component of the bridge that is vulnerable to damage by high flow or the culvert, as applicable, is removed before a period of high flow, and |
| |
(e) |
in the case of a culvert, the person does not expect to install a culvert or build a bridge at the location where that culvert was installed after the removal of the original culvert. |
| |
(3) |
A person referred to in subsection (1) must ensure that all bridge design and fabrication for a bridge |
|
(a) |
be in accordance with the Canada-wide criteria for |
| |
(i) |
bridge design established by the Canadian Standards Association, Canadian Highway Bridge Design Code, CAN/CSA-S6, and |
| |
(ii) |
soil properties, as they apply to bridge piers and abutments, established by the Canadian Foundation Engineering Manual, |
| |
|
that are applicable to roads at the time the design or fabrication is done, and |
| |
(b) |
takes into account the effect of logging trucks with unbalanced loads and off-centre driving. |
| |
(4) |
A person referred to in subsection (1) must ensure that all permanent culvert materials are fabricated according to |
| |
(a) |
the Canada-wide standards for culvert fabrication, established by the Canadian Standards Association, that are applicable to roads at the time of the fabrication, or |
| |
(b) |
standards that ensure at least the same strength and durability as the standards referred to in paragraph (a). |
| |
(5) |
A person referred to in subsection (1) must obtain a professional engineer's written structural analysis of portable bridge superstructures that are being reused at a new site, unless |
| |
(a) |
the bridge superstructure was originally designed by a professional engineer, |
| |
(b) |
the bridge superstructure will be reused at the new site to carry the original design loads or lighter loads, and |
| |
(c) |
an inspection of the bridge at the new site before the first use of the bridge is unable to detect any damage or deterioration in the bridge. |
| |
|
|
| |
48 |
(1) |
A holder of a woodlot licence required to comply with section 62 (1) of the Act and who constructs a road, or modifies it by relocating it in
compliance with section 62 (1) of the Act, must, in the
course of the activity, comply with all of the
following: |
| |
(a) |
fell all
standing trees within the clearing width and fell any danger
trees that have the potential to reach the proposed road
surface; |
| |
(b) |
in areas
where felled trees could reach streams or lakes; |
| |
(i) |
directionally fell trees away from the
stream or lake, unless that is impracticable, and |
| |
(ii) |
use
felling and yarding methods that prevent the stream bank from
destabilizing; |
| |
(c) |
take
steps to ensure that the road will remain stable until it is
deactivated or a notice is received under section 64
(11.1) of the Act; |
| |
(d) |
take
steps to ensure that at the completion of the subgrade
construction, any borrow pits, quarries or waste
areas are left in a stable
condition; |
| |
(e) |
not
deposit slash, debris or soil into a lake, wetland, stream,
fisheries-sensitive zone or marine-sensitive zone, if the
deposit is capable of |
| |
(i) |
damaging
fish habitat, or |
| |
(ii) |
causing
the water to fail to meet water quality objectives established
by the Ministry of Water, Land and Air Protection and made
available to the holder for at least 4 months; |
| |
(f) |
not
deposit slash and debris in a manner that would increase the
likelihood of slope failure; |
| |
(g) |
establish
clearing widths that are the minimum required to accommodate
the following: |
| |
(i) |
road
prism; |
| |
(ii) |
user
safety; |
| |
(iii) |
subgrade
drainage; |
| |
(iv) |
subgrade
stability; |
| |
(v) |
areas for
the placement of slash, debris and other waste; |
| |
(vi) |
operation
of equipment; |
| |
(vii) |
snow
removal; |
| |
(viii) |
fencing
and other structures that are ancillary to the road; |
| |
(ix) |
pits or
quarries; |
| |
(x) |
landings; |
| |
(h) |
construct
cut slope angles to remain stable over the expected life of
the road, unless |
| |
(i) |
sliding
of soil particles or of thin sheets of soil particles from the
cutbank, or |
| |
(ii) |
sloughing
of the cut bank |
| |
|
cannot
reasonably be expected to contribute to slope failures;
|
| |
(i) |
ensure
that a qualified registered professional signs and seals a
statement that construction or modification work has been
carried out in general conformance with the road layout and
design, if such a statement is required by the road layout and
design under section 45 (1) (c); |
| |
(j) |
use rock
drilling and blasting techniques that are scheduled and
selected to minimize disturbance to existing improvements and
to forest resources identified in the forest development
plan; |
| |
(k) |
locate
borrow pits, quarries and waste areas
in areas where eroded soil materials or other harmful
materials will be prevented from entering streams; |
| |
(l) |
keep
equipment fueling or servicing fluids controlled or contained
to avoid damage to forest resources; |
| |
(m) |
if the
road being constructed or modified is of snow and ice, minimize
ground disturbance by using clean compacted snow and ice as
fill material; |
| |
(n) |
ensure
that a professional engineer signs and seals a statement that
the structure is in general conformance with the design
drawings and specifications prepared by a professional
engineer for: |
| |
(i) |
a
retaining wall that is more than 1.5 m high, or |
| |
(ii) |
another
specialized structure, the design of which falls within the
practice of professional engineering as defined in the Engineers and Geoscientists
Act; |
| |
(o) |
if the
road is in a community watershed, |
| |
(i) |
notify
the holder of a water licence or the holder’s representative
of the start date of road construction or modification at
least 48 hours before the start of road construction or
modification, |
| |
(ii) |
ensure
that rock that is from an acid generating rock formation is
not used for road construction or modification if information
concerning the acid generating rock is made available by the
district manager 4 months before the commencement of the road
construction or modification, and |
| |
(iii) |
ensure that the construction or modification does not cause the quality of water to fail to meet the known water quality objectives established by the Ministry of Water, Land and Air Protection. |
| |
(2) |
A person referred to in subsection (1), in the course of constructing or modifying the road, may |
| |
(a) |
use stumps and logs as retaining structures under or against the fill, if the retaining structures are designed by a qualified, registered professional to provide slope stability, and |
| |
(b) |
if the road layout and design was approved under section 5.1, amend it without approval so long as the amendment will not materially change the expected effects of the original approved design on riparian management areas, known licensed community water intakes, or terrain stability. |
| |
(3) |
On or before April 30 of each year, for roads that were constructed before December 31 of the previous year, the holder of a woodlot licence who is required to construct a road or modify a road by relocating it, in compliance with section 62 (1) of the Act, must submit to the district manager a map or report, in a form and manner satisfactory to the minister, that identifies the location of the following: |
| |
(a) |
the road; |
| |
(b) |
bridges, including the bridge type and overall length and the stream crossing identifiers; |
| |
(c) |
major culverts, including the diameter or span of the culvert and the stream crossing identifiers; |
| |
(d) |
fish-stream culverts, including the diameter or span of the culvert and the stream crossing identifiers; |
| |
(e) |
engineered structures other than bridges, culverts or fords; |
| |
(f) |
road sections containing stumps, roots and embedded logs left or placed |
| |
(i) |
under the road fill within the road prism width, if the road is lovated on landslide prone terrain, or |
| |
(ii) |
under the travelled portion of the road fill for other road locations. |
|
|
|
|
|
|
|
|
|
Building or installing drainage systems |
|
49 |
(1) |
A holder
of a woodlot licence required to construct or modify a road in
compliance with section 62 (1) of the Act or to maintain a road in compliance with section 63 of the Act must do all of
the following when building or installing the drainage system for the
road: |
| |
(a) |
build such bridges, fords and ditches, and install such culverts as are necessary to maintain surface drainage patterns, in accordance with any design requirements referred to in section 47.1; |
| |
(b) |
build bridges, fords or ditches, or install culverts at all crossings of permanent or seasonal systems; |
| |
(c) |
ensure that the drainage system |
| |
(i) |
intercepts surface or subsurface drainage from the cut slope, |
| |
(ii) |
drains ditches and controls ditch erosion, |
| |
(iii) |
prevents ponding of water where road stability may be compromised, |
| |
(iv) |
prevents water from being directed onto potentially unstable slopes or soil material, and |
| |
(v) |
minimizes the amount of sediment entering streams; |
| |
(d) |
ensure that any stream and cross-drain culverts are structurally sound, functional, and stable; |
| |
(e) |
prevent road embankment and waste materials from interfering with waterflow at culvert inlets and outlets; |
| |
(f) |
at culvert outlets, protect fill that is unstable or susceptible to erosion with erosion-resistant materials or drainage structures; |
| |
(g) |
build bridges and install culverts to prevent or mitigate stream bank disturbance and to avoid adversely affecting downstream water quality; |
| |
(h) |
build crossings of fish streams |
| |
(i) |
in accordance with timing windows and measures provided in writing by a designated environment official in order to adequately manage and conserve aquatic resources, and |
| |
(ii) |
at a time and in a way that provides safe passage and protects fish habitat at the crossing and immediately upstream and downstream of the crossing; |
| |
(i) |
after building a bridge designed by a professional engineer, ensure that a professional engineer signs and seals a statement that the entire bridge is in general conformance with the design drawings and specifications; |
| |
(j) |
after building a bridge designed by a professional forester, ensure that a professional forester or professional engineer signs and seals a statement that the entire bridge is in general conformance with the design drawings and specifications; |
| |
(k) |
after building a bridge not designed by a professional engineer or forester, sign a statement that the entire bridge is in general conformance with the design drawings and specifications. |
| |
(2) |
A holder of a woodlot licence referred to in subsection (1) who builds a bridge or installs a major culvert must |
| |
(a) |
prepare or obtain the following documents: |
| |
(i) |
pile driving records; |
| |
(ii) |
for new materials used to build the bridge or major culvert, mill test certificates, in-plant steel fabrication drawings, and concrete test results; |
| |
(iii) |
soil compaction results; |
| |
(iv) |
other pertinent field and construction data, |
| |
(b) |
prepare as-built drawings of the bridge or major culvert, and |
| |
(c) |
subject to subsection (3), retain the documents and drawings described in paragraphs (a) and (b) for the life of the structure. |
| |
(3) |
If the district manager cancels a road permit, road use permit or special use permit for a road, a person who is no longer required to maintain a road under section 63 of the Act must submit to the district manager the documents and drawings referred to in subsection (2). |
| |
(4) |
Subsection (3) does not apply to a road that has been deactivated. |
|
|
|
|
|
|
|
|
|
|
|
|
50 |
|
A holder of a woodlot licence who constructs, modifies, maintains or deactivates a road and is required to comply with the Act in doing so, must ensure that soils exposed by the construction, modification, maintenance or deactivation are revegetated within 2 years of the soils becoming exposed, if it is reasonably foreseeable that the erosion of these soils will result in |
| |
(a) |
sediment entering a stream, wetland or lake, or |
| |
(b) |
a material adverse effect on another forest resource. |
|
|
|
|
|
|
|
|
|
Bridge
and major culvert inspection,
evaluation and
maintenance |
| |
51 |
(1) |
A holder
of a woodlot licence required to maintain a road under
section 63 of the Act must carry out an inspection of
bridges and major culverts, and make a record of the
inspection, at least once every 3 years after they are
constructed, unless |
| |
(a) |
a longer
period is specified by a professional engineer as part of the
inspection record, in which case the record must be produced
within that longer period, or |
| |
(b) |
the
stringers or any portion of the structural components of the
bridge substructure are untreated wood, in which case the
inspection must be carried out at least once every 2 years
after construction. |
| |
(2) |
Without
limiting subsection (1), a holder of a woodlot licence
required to maintain a road under section 63 of the Act
must make an inspection record concerning a bridge or major
culvert |
| |
(a) |
after the
occurrence of an event that could have caused damage to the
structure, and |
| |
(b) |
more
often than is required under subsection (1) and at a
level of frequency that a professional engineer determines in
writing to be adequate for the continuing safe use of the
bridge, if an inspection detects structural defects or if the
defects are otherwise evident. |
| |
(3) |
A holder
of a woodlot licence required to maintain a road under
section 63 of the Act must retain a copy of the
inspection record for one year beyond the actual life of the
structure at the site. |
|
|
|
|
|
|
|
|
|
Follow
up to inspection of bridge
and major
culverts |
| |
52 |
(1) |
A holder
of a woodlot licence required to maintain a road under
section 63 of the Act must, if the bridge has structural
deficiencies, |
| |
(a) |
correct
the deficiencies, |
| |
(b) |
close,
remove or replace the bridge before users or downstream
improvements and forest resources are placed at risk, |
| |
(c) |
restrict
traffic loads to a safe level, or |
| |
(d) |
ensure
that a professional engineer evaluates the bridge according to
the requirements of the Canadian Standards Association, Design
of Highway Bridges, CAN/CSA-S6, as amended up to the date of
the evaluation. |
| |
(2) |
If a
professional engineer determines that a bridge is unable to
carry its original design load, the person required to
maintain the road under section 63 of the Act must place
a sign on each bridge approach stating the actual capacity of
the bridge. |
|
|
|
|
|
|
|
|
|
Road
inspection and maintenance |
|
53 |
(1) |
A holder of a woodlot licence required to comply with section 62 or 63 of the Act who modifies a road other than by relocating it, or maintains a road, must ensure that, for the road and included structures, |
| |
(a) |
the
structural integrity of the road prism and clearing width are
protected, |
| |
(b) |
the
drainage systems of the road are functional, |
| |
(c) |
the
transport of sediment from the road prism and its effects on
other forest resources are minimized, |
| |
(d) |
safe
passage for fish is provided at fish stream crossings
built after June 15, 1995, and |
| |
(e) |
the road
can safely be used for purposes referred to in section 54
(1) or (2) of the Act. |
| |
(2) |
A holder of a woodlot licence referred to in subsection (1) must ensure that, for the purposes of subsection (1) (c), road maintenance activities in a community watershed do not cause the quality of water to fail to meet the known water quality objectives established by the Minister of Water, Land and Air Protection. |
| |
(3) |
Despite
subsection (1), if a road is a wilderness road |
| |
(a) |
subsection (1) (a) and (b) only apply to the extent necessary to ensure there is no material adverse effect on a forest resource, and |
| |
(b) |
subsection (1) (e) does not apply to the person required to maintain the road. |
| |
(4) |
Before a holder of a woodlot licence who is required to maintain a forest service road in compliance with section 63 (7) of the Act |
| |
(a) |
builds a bridge, |
| |
(b) |
installs a major culvert, or |
| |
(c) |
installs a stream culvert on a fish stream, |
| |
|
the holder must give to the district manager written notice of the location of the bridge or culvert. |
| |
(5) |
Within 30 days of receiving a notice referred to in subsection (4), the district manager, by written notice given to the holder of the woodlot licence, specify requirements respecting the building or installing of the bridges or culverts referred to that subsection. |
| |
(6) |
The holder of the woodlot licence referred to in subsection (4) may begin building or installing the bridge or culvert referred to in that subsection after |
| |
(a) |
receiving a notice from the district manager under subsection (5), or |
| |
(b) |
35 days from the date of giving the notice to the district manager under subsection (4) has elapsed |
| |
|
whichever occurs first. |
| |
(7) |
The holder of the woodlot licence referred to in subsection (4) who is given a notice from the district manager under subsection (5) must build or install the bridge or culvert in accordance with the requirements specified in the notice. |
|
|
|
|
|
|
|
|
|
Timing
windows for road deactivation |
| |
54 |
|
A holder
of a woodlot licence who deactivates a road, must conform with
timing windows and measures for works in and around stream
crossings developed and made available by a designated
environment official. |
|
|
|
|
|
|
|
|
|
|
|
| |
55 |
(1) |
A holder
of a woodlot licence who deactivates a road in compliance with section 64 of the Act must ensure that the deactivation work provides for, or addresses, all of the following requirements: |
| |
(a) |
removal of all stream culverts other than log culverts; |
| |
(b) |
removal of bridge and log culvert superstructures; |
| |
(c) |
if failure of a bridge or log culvert substructure would adversely affect downstream forest resources or property, removal of the bridge or log culvert substructure; |
| |
(d) |
stabilization of the road prism and clearing width; |
| |
(e) |
restoration or maintenance of the surface drainage patterns, consistent with natural drainage patterns; |
| |
(f) |
that deactivation works in a community watershed do not cause the quality of water to fail to meet the known water quality objectives established by the Minister of Water, Land and Air Protection; |
| |
(g) |
safe fish passage and protection of fish habitat at stream crossings immediately upstream and downstream of the stream crossing structure, and the timing and description of the work to achieve these objectives; |
| |
(h) |
minimization of the impact of silt and sediment transport on other forest resources. |
| |
(1.1) |
Without limiting subsection (1), a holder of a woodlot licencereferred to in subsection (1) must close the road to motor vehicle traffic, by installing one or more of the following barriers sufficient to prevent access via the road surface width by motor vehicles other than all terrain vehicles, while making the barriers clearly visible to oncoming traffic: |
| |
(a) |
a gate; |
| |
(b) |
a soil or rock berm; |
| |
(c) |
concrete blocks; |
| |
(d) |
an excavation; |
| |
(e) |
another suitable barrier. |
| |
(2) |
Without
limiting subsection (1), a qualified registered
professional must |
| |
(a) |
prepare a
prescription for deactivation work to reduce the likelihood of
landslides in areas that have unstable or potentially unstable
terrain, and |
| |
(b) |
if
specified in the prescription, sign and seal a statement that
the deactivation work was carried out in general conformance
with the prescription. |
| |
(3) |
A holder
of a woodlot licence who deactivates a road in a community
watershed must notify the holder of a water licence or the
holder’s representative of the start date of deactivation work
at least 48 hours before the start of deactivation work. |
|
|
|
|
|
|
|
|
|
Amendment of deactivation
prescription |
| |
56 |
|
A holder
of a woodlot licence who deactivates a road under
section 64 of the Act must not amend a prescription
prepared in accordance with section 55 (2) unless the
change is agreed to by a person authorized in that
section to prepare such prescriptions. |
|
|
|
|
|
|
|
|
|
|
|
| |
57 |
|
Before
commencement of road deactivation activities, the holder of a
woodlot licence who is required to deactivate the road under
section 64 of the Act must erect a sign at a location or
locations, containing information |
| |
(a) |
sufficient to warn users of the road of
the hazards that may be expected during deactivation work, if
the road is open to motor vehicle traffic, and |
| |
(b) |
upon
completion of deactivation work, sufficient to warn potential
users of the road that the road is deactivated. |
|
indicate most recent
changes to this page |
