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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
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59 |
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Repealed. [B.C. Reg. 18/2001, Sch. 3] |
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Harvesting on sensitive slopes
within community
watersheds
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60 |
(1) |
The provisions of this section do not apply to harvesting that is necessary to construct or modify a road. |
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(2) |
The holder of a woodlot licence must not harvest an area within a community watershed that is subject to a high likelihood of landslides. |
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(3) |
The holder of a woodlot licence must not sidecast material onto slopes in a community watershed that have a high likelihood of landslides. |
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(4) |
The holder of a woodlot licence must not clearcut an area that is within a community watershed that is subject to a moderate likelihood of landslides and a high risk of landslide debris entering directly into streams, unless a terrain stability field assessment documents the assessor’s opinion that, based on the assessment, the assessor has reasonable grounds to believe that clearcutting the area will not significantly increase the risk of a landslide. |
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(5) |
The holder of a woodlot licence must not construct an excavated or bladed trail on an area within a community watershed that is subject to a moderate likelihood of landslides, unless the result of a terrain stability field assessment documents the assessor’s opinion that, based on the assessment, the assessor has reasonable grounds to believe that |
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(a) |
the excavated or bladed trail can be located, constructed and rehabilitated in a manner that will not significantly increase the risk of a landslide, and |
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(b) |
there is a low likelihood of landslide debris |
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(i) |
entering into a perennial stream in a community watershed, or |
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(ii) |
causing damage to private property or public utilities, including but not limited to roads, bridges, transmission lines, pipelines, recreation sites, or any other similar structures. |
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(6) |
Without limiting subsection (5) a holder of a woodlot licence must not construct an excavated or bladed trail on an area that is within a community watershed if |
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(a) |
the soil erosion hazard and risk of sediment delivery to streams have not been assessed, or |
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(b) |
the results of the soil erosion hazard assessment and risk of sediment delivery to streams assessment indicate that both of the following conditions are met: |
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(i) |
the soil erosion hazard is high or very high, and |
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(ii) |
the risk of sediment delivery to streams is moderate, high or very high. |
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Harvesting on sensitive slopes outside
of community
watersheds
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61 |
(1) |
The provisions of this section do not apply to harvesting that is necessary to construct or modify a road. |
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(2) |
The holder of a woodlot licence must not clearcut an area that is outside a community watershed that is subject to a high likelihood of landslides, unless a terrain stability field assessment documents the assessor’s opinion that, based on the assessment, the assessor has reasonable grounds to believe that clearcutting the area will not significantly increase the risk of a landslide and that there is a low likelihood of landslide debris |
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(a) |
entering into a fish stream or a perennial stream that is a direct tributary to a fish stream, or |
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(b) |
causing damage to private property or public utilities, including but not limited to roads, bridges, transmission lines, pipelines, recreation sites or any other similar structures. |
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(3) |
The holder of a woodlot licence must not construct an excavated or bladed trail on an area that is outside a community watershed and that is subject to a high likelihood of landslides. |
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(4) |
The holder of a woodlot licence must not construct an excavated or bladed trail on an area that is outside a community watershed that is subject to a moderate likelihood of landslides, unless a terrain stability field assessment documents the assessor’s opinion that, based on the assessment, the assessor has reasonable grounds to believe that |
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(a) |
the excavated or bladed trail can be located, constructed and rehabilitated in a manner that will not significantly increase the risk of a landslide, and |
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(b) |
there is a low likelihood of landslide debris |
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(i) |
entering into a fish stream or a perennial stream that is a direct tributary to a fish stream, or |
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(ii) |
causing damage to private property or public utilities, including but not limited to roads, bridges, transmission lines, pipelines, recreation sites, or any other similar structures. |
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(5) |
The holder of a woodlot licence must not sidecast material onto slopes that have a high likelihood of landslides. |
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Excavated or bladed
trails |
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62 |
(1) |
For purposes of section 68 (1) (c) of the Act, the holder of a woodlot licence need not obtain the consent of the district manager before constructing an excavated or bladed trail if the holder obtained written authorization from the district manager for that construction before this subsection comes into force. |
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(2) |
A holder of a woodlot licence must ensure that excavated or bladed trails are constructed to achieve all of the following: |
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(a) |
to prevent subsurface seepage water from being diverted onto sensitive slopes or into stream channels or gullies that would not naturally have received the water; |
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(b) |
to maintain stability of cut slopes and fill slopes; |
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(c) |
to maintain surface drainage patterns; |
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(d) |
to facilitate any rehabilitation treatments required under subsection (3) or (5); |
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(e) |
to minimize soil erosion and the amount of sediment entering streams. |
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(3) |
A holder of a woodlot licence who, before December 15, 1999, constructs or modifies an excavated or bladed trail that is not a permanent access structure must rehabilitate the area occupied by the excavated or bladed trail in accordance with subsection (6), if the trail is located on an area that |
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(a) |
has a moderate or high likelihood of landslides, a high or very high soil erosion hazard, or for which the soil erosion hazard has not been documented in an operational plan, or |
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(b) |
is within a community watershed. |
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(4) |
A holder of a woodlot licence is exempt from section 67 of the Act and section 30 of this regulation to act in accordance with the silviculture prescription or logging plan to the extent that the prescription or plan contains a requirement for rehabilitating an excavated or bladed trail that is both |
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(a) |
constructed or modified before December 15, 1999, and |
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(b) |
not located on an area referred to in subsection (3). |
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(5) |
A holder of a woodlot licence who, on or after December 15, 1999, constructs or modifies an excavated or bladed trail that is not a permanent access structure must rehabilitate the area occupied by the trail in accordance with subsection (6). |
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(6) |
Excavated or bladed trails requiring rehabilitation under subsection (3) or (5) must be rehabilitated |
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(a) |
by |
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(i) |
carrying out to the satisfaction of the district manager all of the following: |
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(A) |
decompacting the running surface, unless the soil is sand, loamy sand, or contains in excess of 70% coarse fragments by volume; |
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(B) |
placing
sidecast fill material on the excavated portion of the
trail; |
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(C) |
recontouring the slope; |
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(D) |
re-establishing surface drainage
patterns; |
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(D.1) |
revegetating exposed mineral soil; |
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(E) |
scattering woody debris on exposed
mineral soil surfaces, or |
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(ii) |
carrying
out other measures approved in an operational plan or
otherwise authorized in writing by the district manager,
and |
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(b) |
by
completing the rehabilitation before or immediately following
the conclusion of harvesting, or within another time that is
approved in the operational plan for the area or is authorized
in writing by the district manager. |
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(7) |
The
district manager may exempt a holder from the requirement to
rehabilitate an area occupied by an excavated or bladed trail
under subsection (3) or (5) on the grounds that |
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(a) |
the area
is too small to warrant rehabilitation, |
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(a.1) |
the trail
is on a proposed road location, |
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(b) |
rehabilitating the area is unlikely to
restore productivity to an acceptable level, or |
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(c) |
rehabilitating the area will create an
unacceptable risk of further damage or harm to, or impairment
of, forest resources. |
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Excavated and bladed trails may
be constructed |
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62.01 |
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Subject
to sections 13.1, 60 to 62, a holder of a woodlot licence
may construct an excavated or bladed trail on an area if |
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(a) |
the area is under |
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(i) |
a site plan or the holder has been exempted from the requirement to prepare a site plan for the area, and |
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(ii) |
a cutting permit, and |
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(b) |
constructing the trail will not result in
the maximum limit for soil disturbance for the area being
exceeded. |
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Requirement to rehabilitate a
road that
is not a permanent access
structure |
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62.1 |
(1) |
A holder
of a woodlot licence must complete rehabilitation of a road
that is not a permanent access structure before or immediately
following the conclusion of harvesting, or within another time
that is approved in the operational plan for the area or is
authorized in writing by the district manager. |
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(2) |
Unless
otherwise approved in an operational plan, or authorized by
the district manager in writing with or without conditions, a
holder of a woodlot licence rehabilitating a road must do all
of the following: |
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(a) |
carry out
measures to ensure that the area that was occupied by the road
prism is stable, and that sediment delivery to streams is
minimized; |
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(b) |
decompact
the soil below the road surface; |
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(c) |
spread
retrievable soil material that was displaced to construct the
road over the surface of the road; |
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(d) |
re-establish natural surface
drainage; |
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(e) |
revegetate exposed mineral soil. |
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Requirements for access
trails |
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62.2 |
(1) |
A holder
of a woodlot licence who creates an access trail must carry
out whatever measures are necessary on an access trail
to |
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(a) |
maintain
natural surface drainage, |
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(b) |
minimize
soil erosion and the amount of sediment entering streams,
and |
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(c) |
prevent
subsurface seepage water, intercepted by the trails, from
being diverted into areas that would not naturally have
received the water, and that are |
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(i) |
sensitive
slopes, or |
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(ii) |
stream
channels or gullies. |
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(2) |
If a
holder of a woodlot licence has been granted an exemption
under section 22.01 (2), the holder is exempt from the
requirement to obtain the consent of the district manager,
under section 68 of the Act, to construct an excavated or
bladed trail to facilitate the harvesting of bark beetle
infested timber or timber damaged by wind. |
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63 |
(1) |
A holder
of a woodlot licence must construct landings at least 30 m
from a fish stream or a stream in a community watershed
unless |
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(a) |
there is
no other practicable location for the landing, |
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(a.1) |
the
landing construction incorporates drainage systems to minimize
runoff flowing onto the landing fill and material, |
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(b) |
constructing the landing closer to the
stream will not create a higher risk of sediment delivery to
the stream, and |
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(c) |
the
landing is identified in an operational plan as being closer
than 30 m to the stream. |
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(2) |
If the
requirement to rehabilitate a landing is specified in an
operational plan, the holder of a woodlot licence must |
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(a) |
carry out
the rehabilitation measures specified in the operational plan,
or |
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(b) |
if
rehabilitation measures are not specified in the operational
plan or otherwise authorized in writing by the district
manager, do all of the following: |
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(i) |
incorporate drainage systems to minimize
runoff flowing onto the landing and erosion of the landing
fill and material; |
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(ii) |
carry out
measures to ensure that the landing is stable; |
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(iii) |
decompact
the landing area; |
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(iv) |
spread
retrievable soil material, that was displaced to construct the
landing, over the surface of the landing; |
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(v) |
re-establish natural surface
drainage; |
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(vi) |
scatter
woody debris on exposed mineral soil surfaces; |
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(vii) |
revegetate exposed mineral soil. |
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Restrictions on harvesting
in gullies on the
Coast |
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64 |
(1) |
In this
section “gully” means an area
containing a stream where |
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(a) |
the
overall stream gradient is at least 25%, and |
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(b) |
a reach
of that stream, greater than 100 m long, has |
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(i) |
a side
wall greater than 3 m, |
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(ii) |
a side
slope greater than 50%, and |
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(iii) |
a stream
channel gradient greater than 20%; |
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(2) |
Before a
holder of a woodlot licence carries out harvesting in a gully
that is on the Coast, |
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(a) |
the
holder must submit the results of a gully assessment, carried
out in accordance with the Gully Assessment Procedure
Guidebook, that provides measures to ensure that the
harvesting activity will |
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(i) |
protect
gully banks from erosion, |
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(ii) |
minimize
damage to the understory, and |
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(iii) |
not
increase sediment and debris transport potential, and |
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(b) |
the
district manager must determine that the harvesting will
adequately manage and conserve the forest resources of the
area. |
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Harvesting adjacent to streams,
wetlands and
lakes not identified or
incorrectly classified |
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66 |
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Despite
section 30, if a stream, wetland or lake was not identified or
was incorrectly classified in an operational plan, |
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(a) |
the
riparian reserve zone and riparian management zone have the
widths established in Part 7, and |
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(b) |
a holder
of a woodlot licence must not carry out harvesting
within |
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(i) |
the
riparian reserve zone except in accordance with an approval
under section 35, based on the correct classification,
or |
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(ii) |
the
riparian management zone, except in accordance with the
district manager’s written authorization, and the district
manager may give the authorization only if satisfied, based on
the correct classification, that the harvesting will
adequately manage and conserve the forest
resources. |
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67 |
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Repealed. [B.C.Reg.
350/2002, Sch. K] |
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Temporary stream
crossings |
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68 |
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A holder
of a woodlot licence carrying out harvesting must comply with
all of the following: |
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(a) |
Repealed. [B.C.Reg.
350/2002, Sch. K] |
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(b) |
locate,
design, construct, use, repair and remove temporary stream
crossings in a manner that |
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(i) |
protects
the stream channel and stream bank immediately above and below
the stream crossing, and |
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(ii) |
mitigates
disturbance to the stream channel or stream bank at the
crossing; |
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(c) |
locate,
design, construct, use, repair and remove temporary stream
crossings in a manner that is consistent with timing windows
and measures made available by the designated environment
official, if the crossing is for a fish stream; |
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(d) |
remove
all temporary stream crossings at the completion of
harvesting, unless otherwise directed by the district
manager. |
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Maintaining stream bank
stability |
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69 |
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A holder
of a woodlot licence 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. |
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Restrictions on the location of
helicopter
or balloon log drop
areas |
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70 |
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A holder
of a woodlot licence must not locate an aerial harvesting log
drop area in |
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(a) |
the
littoral zone of a marine or fresh water system, |
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(b) |
water
that is less than 10 m deep, or |
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(c) |
a
marine-sensitive zone. |
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Felling,
yarding and skidding |
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71 |
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A holder
of a woodlot licence must ensure that timber is |
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(a) |
felled
onto a stream, lake, wetland, marine-sensitive zone or
fisheries-sensitive zone, only if |
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(i) |
approved
in an operational plan or otherwise authorized in writing by
the district manager, or |
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(ii) |
it is the
only practicable way that the timber can be felled for worker
safety, or |
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(b) |
yarded or
skidded through or over any stream or fisheries-sensitive
zone, only if approved in an operational plan or otherwise
authorized in writing by the district
manager. |
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Landing
and roadside slash accumulations |
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72 |
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Unless
otherwise authorized by the district manager, a holder of a
woodlot licence must burn the combustible slash that
accumulates at landings and roadside work areas within the
following time periods: |
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(a) |
if the
slash is insect-infested, before the insects emerge; |
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(b) |
if the
slash is not insect-infested, before the end of the first
burning season after harvesting is
completed. |
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Rehabilitation of compacted
areas and corduroyed
trails |
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73 |
(1) |
Unless
subsection (3) applies, the holder of a woodlot licence must
complete the rehabilitation of compacted areas and areas
occupied by corduroyed trails to the satisfaction of the
district manager |
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(a) |
within
the time frame specified by the district manager, or |
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(b) |
if no
time frame is specified under paragraph (a), before or
immediately following the conclusion of harvesting. |
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(2) |
A holder
of a woodlot licence who is required to rehabilitate a
corduroyed trail or compacted area must rehabilitate the trail
or area to the extent necessary to |
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(a) |
establish
a free growing stand on the area, |
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(b) |
re-establish natural surface drainage,
and |
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(c) |
minimize
sediment delivery to streams. |
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(3) |
The
district manager may exempt the holder of a woodlot licence
from the requirement in subsection (1) on the grounds
that |
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(a) |
the area
is too small to warrant rehabilitation, |
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(b) |
rehabilitating the area is unlikely to
restore productivity to an acceptable level, or |
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(c) |
rehabilitating the area will create an
unacceptable risk of further damage or harm to, or impairment
of, forest resources. |
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Protecting the
environment |
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73.1 |
(1) |
For the
purposes of section 45 (3) (b) of the Act, “inordinate soil disturbance” means
soil disturbance that results in the district manager
requiring rehabilitation of soil under |
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(a) |
section 48 (1) of the Act, or |
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(b) |
section 38 (4) of this
regulation. |
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(2) |
For the
purposes of section 45 (3) (c) of the Act, “significant damage” means any damage
to a lake, stream or other watercourse that results from the
deposit of a petroleum product or a fluid used to service
logging equipment. |
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