Definitions

1 (1)  Unless otherwise indicated, words and expressions not defined in this regulation have the meaning given to them in section 1 [definitions] of the Forest Planning and Practices Regulation.

(2)  In this regulation:

"alternative performance requirement" means an alternative performance requirement described in section 13 (1) [alternative performance requirements] that is proposed in a woodlot licence plan;

"biogeoclimatic ecosystem classification" means a hierarchical classification system of ecosystems as described in the Ministry of Forests' publication, Biogeoclimatic Ecosystem Classification Codes and Names, as amended from time to time;

"commencement date", subject to section 34 (4) [free growing stands], means

(a) for an area harvested under a cutting permit where a woodlot licence holder is required to establish a free growing stand, the date timber harvesting, excluding road and landing construction, begins on the area,

(b) for an area where a woodlot licence holder harvests Crown timber in contravention of section 52 [unauthorized timber harvesting] of the Act, the date the contravention begins, or

(c) for private land subject to the woodlot licence where a woodlot licence holder harvests timber without authorization, the date the timber harvesting begins;

"cutblock" means an area within which a woodlot licence holder is authorized to harvest timber, as identified in a cutting permit;

"free growing date" means the date, measured from the commencement date, by which a free growing stand must be established on an area;

"harvesting of bark beetle infested timber" means harvesting timber that

(a) is infested with larvae or adult bark beetles,

(b) has been recently killed by bark beetles, or

(c) must be removed incidentally to facilitate the removal of timber described in paragraphs (a) and (b);

"intermediate cuttings" means

(a) the harvesting of timber if

(i)  the harvesting takes place before the final harvest or regeneration cut, and

(ii)  the majority of the pre-harvest stand volume is not removed, or

(b) the harvesting of bark beetle infested timber by harvesting scattered trees, small clumps of trees or for access trails required to harvest the timber;

"net area to be reforested" means, for the purpose of section 29 (3) [free growing stands] of the Act, the portion of a cutblock in which harvesting has occurred that is not occupied by permanent access structures;

"regeneration date" means the date, measured from the commencement date, by which a stand being established on the net area to be reforested must conform to the requirements of section 35 (1) [conforming to stocking standards];

"riparian class" means the riparian class of a stream, wetland or lake as determined under Division 3 [Riparian areas] of Part 3 [Practice requirements];

"riparian management zone" means an area described under Division 3 [Riparian areas] of Part 3 [Practice requirements] that is established to protect the riparian reserve zone;

"riparian reserve zone" means an area described under Division 3 [Riparian areas] of Part 3 [Practice requirements] that is established to conserve riparian values within the area;

"sensitive soil" means an area with one or both of the following:

(a) a slope of greater than 60%;

(b) indicators of potential slope instability;

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

"soil disturbance" means an area within a cutblock that is occupied by one or more of the following:

(a) an unrehabilitated temporary access structure;

(b) gouges, ruts or scalps that are outside of a temporary access structure;

(c) a compacted area;

"wildlife tree retention area" means an area for retention of wildlife trees specified in a woodlot licence plan;

"woodlot licence holder" means a person who holds a woodlot licence issued under the Forest Act.

Application and interpretation

2 (1)  Subject to section 82 [government assumption of obligations], this regulation applies only to a woodlot licence holder, and the holder's employee, agent, contractor or subcontractor, who is carrying out an activity on or in relation to

(a) the area for which the woodlot licence has been issued, or

(b) an area identified in a road permit that provides access to the area referred to in paragraph (a).

(2)  This regulation does not apply to a person who is authorized to carry out a forest practice that is

(a) funded under a vote as defined in section 1 [definitions] of the Financial Administration Act, and

(b) administered under the Forest Investment Account, under the Financial Administration Act.

(3)  Unless this regulation specifically provides otherwise, the Forest Planning and Practices Regulation does not apply to a person referred to in subsection (1).

(4)  Division 6 [General] of Part 3 [Practice requirements] and section 41 [lakeshore management zones] do not apply to any forest practice carried out on an area that is subject to a cutting permit or road permit that was in effect on the date the feature, objective, site, trail or measure under that Division or section was identified or established.

(5)  Subject to subsection (6), the following sections do not apply to private land in a woodlot licence area that is subject to a woodlot licence issued before June 15, 1995:

(a) the sections referred to in subsection (4);

(b) section 52 [wildlife tree retention];

(c) section 54 [coarse woody debris].

(6)  If the management plan for a woodlot licence issued before June 15, 1995 contains commitments respecting the subject matter described in subsection (5), the provision of this regulation that applies to that subject matter applies to the private land.

(7)  A reference to distance in respect to riparian management zones and riparian reserve zones, and in Division 4 [Watersheds] of Part 3 [Practice requirements], is a reference to the slope distance.

(8)  A power or duty of a minister under this regulation must be exercised in accordance with section 86 [process respecting orders and exemptions], including where reference is made to an order of a minister.

(9)  A person is exempt from

(a) a requirement of Parts 3 and 4 of this regulation, or

(b) an obligation under section 29, 47 or 48 of the Act

as necessary to allow the person to conform to the Workers Compensation Act and the regulations under that Act.

(10)  Until June 1, 2005, this regulation and the standards and objectives made under it apply immediately, despite section 16 (2) of the Act, to a woodlot licence plan.

[am. B.C. Regs. 355/2004, s. (a); 585/2004, s. 1; 106/2005, s. 1.]

Damage to the environment

3 (1)  For the purpose of section 46 (1) [protection of the environment] of the Act, "damage" means any of the following that fundamentally and adversely alters an ecosystem:

(a) a landslide;

(b) a gully process on the Coast;

(c) a fan destabilization on the Coast;

(d) soil disturbance;

(e) the deposit into a stream, wetland or lake of

(i)  a petroleum product,

(ii)  a fluid used to service industrial equipment, or

(iii)  any other similar harmful substance;

(f) a debris torrent that enters a fish stream.

(2)  A person who is carrying out fire control or suppression in accordance with an enactment is exempt from section 46 of the Act.

Authorization to cut

4 (1)  This regulation is a prescribed enactment for the purposes of section 52 (1) (e) (ii) of the Act.

(2)  A woodlot licence holder may cut, damage or destroy Crown timber as necessary for the purpose of carrying out silviculture treatments, stand tending treatments or forest health treatments.

[en. B.C. Reg. 585/2004, s. 2.]

Exemptions from woodlot licence plan

5 (1)  A woodlot licence holder is exempt from the requirement under section 12 [woodlot licence plan required] of the Act to prepare a woodlot licence plan if timber harvesting or road construction is

(a) limited to a purpose described in section 4 (1) [exemption from forest stewardship plans] of the Act, or

(b) authorized under another enactment, or is ancillary to the carrying out of an activity that is authorized under another enactment.

(2)  The minister may exempt a woodlot licence holder from the requirement under section 12 of the Act to prepare a woodlot licence plan if the minister is satisfied that timber harvesting or road construction is consistent with the objectives set by government.

(3)  For the purpose of section 12 (3) of the Act, the minister may authorize a woodlot licence holder to obtain a cutting permit, a road permit, or both, to enable the holder to harvest timber

(a) damaged by natural causes, or

(b) to address conditions created by persons other than the woodlot licence holder.

(4)  Section 17 [review and comment] does not apply to a woodlot licence holder who

(a) is exempt under subsection (1),

(b) has been exempted under subsection (2), or

(c) has been authorized under subsection (3).

(5)  The minister may, by written notice, require a woodlot licence holder to

(a) publish a notice in a newspaper, in a form acceptable to the minister,

(b) provide a copy of a map describing the nature and extent of the proposed harvesting or road construction to any persons specified by the minister, and

(c) after a period of at least 5 days from the date of publication under paragraph (a), submit to the minister

(i)  a copy of any written comments received in respect of the notice and map described in paragraphs (a) and (b), and

(ii)  any changes to the proposed timber harvesting or road construction the woodlot licence holder intends to make as a result of the written comments.

Term of woodlot licence plan

6 (1)  A woodlot licence holder who prepares a woodlot licence plan is exempt from the requirement of a 10 year term under section 14 (1) (a) [term of woodlot licence plan] of the Act, if

(a) the remaining term of the woodlot licence is less than 10 years, or

(b) the minister is satisfied that the woodlot licence holder cannot reasonably plan for a period of 10 years due to reasons beyond the control of the holder.

(2)  Despite the expiry of a woodlot licence plan, a woodlot licence holder must

(a) establish a free growing stand on a cutblock in accordance with the plan as if it had not expired, and

(b) otherwise act in accordance with the plan as if it had not expired, if the holder

(i)  is issued a cutting permit or a road permit before the expiry, and

(ii)  harvests timber from an area under the permit.

Woodlot licence plan area

7 A woodlot licence holder must ensure that the holder's woodlot licence plan addresses the entire woodlot licence area, unless the minister is satisfied that a smaller area is sufficient because no timber harvesting or road construction will take place on the area not being addressed.

Mapping and information

8 (1)  Unless exempted under subsection (2), a woodlot licence holder must include in the holder's woodlot licence plan, for the area required to be addressed in the plan under section 7 [woodlot licence plan area], information and maps that describe or identify the following:

(a) the forest cover;

(b) topography;

(c) the location and riparian class of streams, wetlands and lakes shown on government-endorsed

(i)  forest cover maps,

(ii)  terrain resource inventory maps, and

(iii)  fish and fish habitat inventory maps;

(d) any of the streams identified in paragraph (c) that are fish streams;

(e) the biogeoclimatic ecosystem classification of the area, to the subzone level;

(f) public utilities on Crown land including

(i)  transmission lines,

(ii)  gas and oil pipelines, and

(iii)  railways;

(g) resource management zones, landscape units and sensitive areas that are continued or established under the Land Act;

(h) wildlife habitat areas;

(i) scenic areas;

(j) ungulate winter ranges;

(k) community watersheds or fisheries sensitive watersheds;

(l) community and domestic water supply intakes that are licensed under the Water Act and any related water supply infrastructures;

(m) contiguous areas of sensitive soils;

(n) existing roads;

(o) temporary or permanent barricades to restrict vehicle access;

(p) private property within or adjacent to the woodlot licence area;

(q) resource features other than wildlife habitat features, archaeological sites, and domestic water supply intakes licensed under the Water Act.

(2)  The minister may exempt a woodlot licence holder from subsection (1) (b), (e) or (h).

(3)  A woodlot licence holder must describe in the holder's woodlot licence plan areas where timber harvesting will be avoided or modified during the term of the plan for the following reasons:

(a) to protect resource features;

(b) to address the interests of private property owners or aboriginal peoples;

(c) to manage resource values including specifying retention of trees in riparian management zones;

(d) to address areas described in subsection (1) (g) to (k).

(4)  If a stream, wetland or lake was not identified or was incorrectly classified in subsection (1) (c), the riparian reserve zone and riparian management area have widths as determined under Division 3 [Riparian areas] of Part 3 [Practice requirements].

(5)  If a biogeoclimatic ecosystem classification was not identified or was incorrectly classified in subsection (1) (e), the biological ecosystem classification is as described in the Ministry of Forests' publication, Biogeoclimatic Ecosystem Classification Codes and Names, as amended from time to time.

[am. B.C. Reg. 106/2005, s. 2.]

Established objectives

9 (1)  For the purpose of section 13 (1) (b) (i) [content of woodlot licence plan] of the Act, the objectives set by government are as follows:

(a) maintaining or enhancing an economically valuable supply of commercial timber from the woodlot licence area;

(b) conserving the productivity and the hydrologic function of soils;

(c) conserving within riparian areas, at the landscape level, water quality, fish habitat, wildlife habitat and biodiversity;

(d) conserving and protecting cultural heritage resources that are

(i)  the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and

(ii)  not regulated under the Heritage Conservation Act;

(e) subject to section 52 (1) [wildlife tree retention], any land use objective.

(2)  For the purpose of section 13 (1) (b) (ii) of the Act, the following objectives apply:

(a) any fisheries sensitive watershed objective or water quality objective established for a watershed within which the woodlot licence area is located;

(b) subject to subsection (3), conserving sufficient wildlife habitat in terms of amount of area and distribution of areas, and attributes of those areas for

(i)  the winter survival of specified ungulate species,

(ii)  the survival of a species at risk, and

(iii)  the survival of a species of regionally important wildlife.

(3)  A woodlot licence holder required to prepare a woodlot licence plan must act in a manner consistent with the objective stated under subsection (2) (b) only if the minister responsible for the Wildlife Act notifies the holder of the applicable

(a) species referred to in subsection (2) (b), and

(b) indicators of the amount, distribution and attributes of necessary wildlife habitat described in subsection (2) (b).

(4)  On or after December 31, 2004, a notice described in subsection (3) must be given at least 4 months before the woodlot licence plan is submitted for approval.

[am. B.C. Regs. 585/2004, s. 3; 106/2005, s. 3.]

Results or strategies not required

10 For the purpose of section 13 (1) (b) [content of woodlot licence plan] of the Act, a woodlot licence holder is not required to specify a result or strategy in relation to the following:

(a) any objective listed in section 9 (1) or (2) [established objectives], except that described in section 9 (1) (d);

(b) an objective for an interpretive forest site, recreation site or recreation trail;

(c) a wildlife habitat area objective;

(d) an ungulate winter range objective;

(e) a lakeshore management zone objective;

(f) a visual quality objective.

Wildlife tree retention strategy required

11 For the purpose of section 52 (2) [wildlife tree retention], a woodlot licence holder must specify in the holder's woodlot licence plan a wildlife tree retention strategy that describes

(a) generally, the species and characteristics of individual wildlife trees,

(b) generally, the forest cover attributes of wildlife tree retention areas,

(c) the conditions under which individual wildlife trees may be removed,

(d) the conditions under which trees may be removed from within a wildlife tree retention area, and

(e) how trees removed under subparagraphs (c) and (d) will be replaced.

Stocking information for specified areas

12 A woodlot licence holder must specify in the holder's woodlot licence plan stocking standards for areas referred to in section 34 (3) [free growing stands].

Alternative performance requirements

13 (1)  A woodlot licence holder may propose in a woodlot licence plan an alternative performance requirement that specifies in relation to the plan

(a) an amount of soil disturbance for the purposes of section 24 (1) (a),

(b) an area for occupation by permanent access structures for the purposes of sections 25 (1) (a), (2) (a) or (3) (a),

(c) the stocking standards, regeneration date and free growing date for the purposes of section 35 (1) (a),

(d) the minimum riparian management area width, riparian reserve zone width and riparian management zone width for the purposes of one or more of section 36 (4) (a), 37 (3) (a) or 38 (2) (a),

(e) the circumstances in which cutting, modification or removal of trees may occur in a riparian reserve zone for the purposes of section 39 (1),

(f) the circumstances in which road construction may occur in a riparian management zone for the purposes of section 40 (1) (a),

(g) the proportion of the woodlot licence area that may consist of wildlife tree retention areas for the purposes of section 52 (1) (b),

(h) the quantity of logs to be retained for the purposes of section 54 (1) (a), and

(i) the measures that relate to resource features for the purposes of section 56 (1) (a).

(2)  In proposing an alternative performance requirement under subsection (1), a woodlot licence holder must

(a) specify in the holder's woodlot licence plan the provision to which the alternative performance requirement relates,

(b) specify in the holder's woodlot licence plan the location to which the alternative performance requirement is applicable, and

(c) submit to the minister a rationale for how the alternative performance requirement is consistent with the criteria described in section 9, if any, to which the alternative performance requirement relates.

[en. B.C. Reg. 106/2005, s. 4.]

Invasive plants

14 For the purpose of section 47 [invasive plants] of the Act, a woodlot licence holder must, subject to section 78 (1) [minister may grant exemption], specify measures in the holder's woodlot licence plan to prevent the introduction or spread of species of plants prescribed in the Invasive Plants Regulation, if the introduction or spread is likely to be the result of the holder's forest practices.

Natural range barriers

15 For the purpose of section 48 [natural range barriers] of the Act, a woodlot licence holder must, subject to section 78 (1) [minister may grant exemptions], specify measures in the holder's woodlot licence plan to mitigate the effect of removing or rendering ineffective natural range barriers.

Signature

16 Despite section 13 (4) [content of woodlot licence plan] of the Act, a woodlot licence plan may be signed by a person who is authorized by the woodlot licence holder to sign the plan on behalf of the holder.

Review and comment

17 (1)  For the purpose of section 18 [review and comment] of the Act, before submitting a woodlot licence plan for approval, a woodlot licence holder must

(a) publish a notice in a newspaper, in a form acceptable to the minister, and

(b) if required by the minister, refer a copy of the plan, or a portion of the plan, to

(i)  any agency of government,

(ii)  any agency of the Government of Canada, or

(iii)  a person specified by the minister.

(2)  In respect to an amendment for which an approval is required under section 15 [amendments to a woodlot licence plan] or 16 [approval of woodlot licence plan or amendment] of the Act, the minister may exempt a woodlot licence holder from the requirement to publish a notice under subsection (1) (a) if the minister is satisfied that the proposed amendment will not affect others in a material way.

(3)  A woodlot licence holder who publishes a notice or refers a copy of the plan under subsection (1) must provide opportunity for review and comment to persons interested or affected by operations under the plan for a period of

(a) if the plan is to address an emergency, at least 5 days from the first date of publication,

(b) if the minister determines that a period of more than 30 days is required to provide adequate opportunity for review, the time specified by the minister, or

(c) in any other case, 30 days from the first date of publication.

(3.1)  A woodlot licence holder who publishes a notice or refers a copy of the plan under subsection (1) must, for the period referred to in subsection (3), make reasonable efforts to meet with first nation groups affected by the plan to discuss the plan or amendment.

(4)  A woodlot licence holder must review all written comments in respect of the holder's plan received during the period of review specified under subsection (3), and make any revisions to the plan that the holder considers appropriate.

(5)  A woodlot licence holder who submits a woodlot licence plan to the minister for approval must submit with the plan

(a) a copy of the notice published under subsection (1) (a),

(b) a copy of each written comment received during the period of review specified in subsection (3),

(c) a description of any changes made to the plan as a result of the comments received, and

(d) a description of the efforts made to comply with the requirements of subsection (3.1).

[am. B.C. Regs. 355/2004, ss. (b) and (c); 106/2005, s. 5.]

Minister's consideration of woodlot licence plan

18 (1)  If, in preparing an alternative performance requirement under section 13 [alternative performance requirements] or stocking standards under section 12 [stocking information for specified areas], a woodlot licence holder satisfies the minister that the holder took into consideration only those factors contained in Schedule 1, the minister must not require the holder to consider other factors.

(2)  The minister may request information under section 16 (2.1) [approval of woodlot licence plan or amendment] of the Act in respect of an alternative performance requirement or stocking standard if the information is

(a) relevant to the factors in Schedule 1 that were addressed, if any,

(b) relevant to any factor that the holder addressed that is not a factor listed in Schedule 1, and

(c) either available to the holder or in the control or possession of the holder.

(3)  The minister must approve an alternative performance requirement in respect of regeneration date, free growing date and stocking standards, and a stocking standard described under section 12 [stocking information for specified areas], if the minister is satisfied that the alternative performance requirement or stocking standard will result in the area being stocked with or retaining, as applicable, ecologically suitable species that address immediate and long-term forest health issues on the area, to a density or to a basal area that, in either case, is consistent with

(a) section 9 (1) (a) [established objectives], and

(b) the timber supply projections and forest management assumptions that apply to the area covered by the plan on the date that the plan is submitted for approval.

(4)  The minister must not refuse to approve an alternative performance requirement solely on the basis that performance of the alternative performance requirement

(a) would result in an outcome that is outside of the range of natural variation that is characteristic of a season, an area or a forest resource,

(b) would cause or contribute to an adverse impact on a forest resource, if that impact would be consistent with the objectives described in section 8 [mapping and information],

(c) proposes an innovative means of meeting the intent of the requirement to which the alternative performance requirement relates, or

(d) is based on a factor other than one specified in Schedule 1.

[am. B.C. Reg. 106/2005, s. 6.]

Emergency approval

19 For the purpose of section 17 of the Act, the prescribed circumstances in relation to a woodlot licence plan are those described in that section.

[en. B.C. Reg. 585/2004, s. 5.]

Minor amendments that require approval

20 For the purpose of section 20 (1) [minor amendments] of the Act, an amendment to a woodlot licence plan requires the approval of the minister if the amendment would add or vary an alternative performance requirement.

Minor amendments that do not require approval

21 (1)  For the purpose of section 20 (1) (b) [minor amendments] of the Act, a proposed amendment to a woodlot licence plan does not require approval of the minister if the proposed amendment is in respect to

(a) correcting a mapping or non-substantive data entry referred to in section 8 [mapping and information], that will not

(i)  decrease the area where harvesting will be avoided or constrained, or

(ii)  increase the adverse impact on forest resources,

(b) the reclassification of a stream, wetland or lake, or

(c) the wildlife tree retention strategy prepared under section 11 [wildlife tree retention strategy required], that will not decrease the nature or quality of wildlife trees or wildlife tree retention areas.

(2)  An amendment that does not require the approval of the minister takes effect when it is signed in accordance with section 13 (4) [content of woodlot licence plan] of the Act or section 16 [signature].

Minor amendments wrongly made

22 (1)  Under section 20 (3) [minor amendments] of the Act, if the minister determines that a decision made by a woodlot licence holder under section 20 (1) of the Act was wrongly made, the minister may

(a) declare the amendment to be without effect, and

(b) if the minister considers it appropriate, require the holder to suspend operations that are not authorized in the absence of the amendment.

(2)  A woodlot licence holder referred to in subsection (1) will not be found to have contravened the Act or this regulation by carrying out, before the minister makes a determination under subsection (1), operations that are not authorized in the absence of the amendment if

(a) the minister is satisfied, or

(b) the holder establishes that the holder had reason to believe

that the amendment would have been approved under section 16 (1.1) [approval of woodlot licence or amendment] of the Act, had the amendment been properly submitted for approval.

Mandatory amendments

23 (1)  A woodlot licence holder who knows or ought reasonably to know that performing the operations specified in a woodlot licence plan will not achieve the results specified in the plan or the requirements of this regulation

(a) must submit to the minister an amendment to the plan, and

(b) must not carry out any operation that would be materially affected by the amendment submitted under paragraph (a) until the amendment has been approved.

(2)  If the requirements of the woodlot licence plan cannot be met as a result of the woodlot licence holder carrying out, or failing to carry out, a forest practice on the area covered by the plan, or the occurrence of a natural event, the holder must

(a) notify the minister, and

(b) if an amendment to the plan is required, not carry out any operation that would be materially affected by the proposed amendment until the amendment has been approved.

Soil disturbance limits

24 (1)  A woodlot licence holder must not cause the amount of soil disturbance on the net area to be reforested to exceed

(a) the amount specified in the holder's woodlot licence plan, or

(b) 8%, if there is no amount specified in paragraph (a).

(2)  A woodlot licence holder must not cause soil disturbance on any portion of the net area to be reforested to be concentrated in a manner that would be inconsistent with the objective set out in section 9 (1) (b) [established objectives].

(3)  A woodlot licence holder may exceed the limit set out in subsection (1), if

(a) the holder is removing infected stumps or salvaging windthrow, and

(b) the additional disturbance is the minimum necessary.

Permanent access structure limits

25 (1)  A woodlot licence holder must ensure that the maximum amount of the total area within a cutblock that is 5 ha or greater in size that is occupied by permanent access structures is

(a) the amount specified in the holder's woodlot licence plan, or

(b) 7%, if there is no amount specified in paragraph (a).

(2)  A woodlot licence holder must ensure that the maximum amount of the total area within a cutblock that is less than 5 ha in size that is occupied by permanent access structures is

(a) the amount specified in the holder's woodlot licence plan, or

(b) 10%, if there is no amount specified in paragraph (a).

(3)  Without limiting subsections (1) and (2), a woodlot licence holder must ensure that the maximum amount of the woodlot licence area that is occupied by permanent access structures is

(a) the amount specified in the holder's woodlot licence plan, or

(b) 7%, if there is no amount specified in paragraph (a).

Landslides

26 A woodlot licence holder who carries out a primary forest activity must ensure that the primary forest activity does not cause a landslide that has a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act.

Gully processes

27 A woodlot licence holder who carries out a primary forest activity on the Coast must ensure that the primary forest activity does not cause a gully process that has a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act.

Natural surface drainage patterns

28 (1)  If a woodlot licence holder constructs a temporary access structure or a permanent access structure on an area, the holder must maintain natural surface drainage patterns on the area both during and after construction.

(2)  Despite subsection (1), if it is not practicable for a woodlot licence holder to maintain natural surface drainage patterns during the construction of a temporary access structure or permanent access structure, the holder must ensure the altered surface drainage pattern is compatible with the original natural surface drainage pattern by the earlier of

(a) the end of the construction, and

(b) the next freshet.

Revegetation

29 A woodlot licence holder who constructs or deactivates a road must ensure that soil exposed by the construction or deactivation is revegetated within two years after the construction or deactivation is completed if it is reasonably foreseeable that

(a) the erosion of the soil would cause

(i)  sediment to enter a stream, wetland or lake, or

(ii)  a material adverse effect on a matter referred to in section 149 (1) [objectives set by government] of the Act, and

(b) revegetation would materially reduce the likelihood of erosion.

Modification of insect behaviour

30 Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who uses trap trees or pheromones to concentrate insect populations must ensure that the insect brood is destroyed before the insects emerge.

Use of livestock

31 Unless exempted under section 78 (1) [minister may grant exemptions], if a woodlot licence holder who is required to establish a free growing stand uses livestock for site preparation or brush control, the woodlot licence holder must ensure that all necessary measures are taken to

(a) control the location and movement of the livestock to minimize conflict with wildlife that could prey on the livestock,

(b) prevent the transmission of disease from the livestock to wildlife, and

(c) maintain the health of the livestock.

Use of seed

32 (1)  In this section, "transfer" means the process by which seed is selected and used, based on the origin of the seed and its genetic suitability for the site on which trees grown from the seed are to be planted.

(2)  The chief forester may make standards for matters referred to in section 169 (1) (a) (i) to (v) [chief forester standards for forest practices] of the Act if the chief forester considers such standards to be necessary or appropriate for the purpose of regulating the use, registration, storage, selection or transfer of seed to be used in the establishment of free growing stands.

(3)  The chief forester may authorize a person to exercise a discretion of the chief forester described in subsection (5), (6) or (7).

(4)  Unless an alternative is approved under subsection (6), a woodlot licence holder who plants trees while establishing a free growing stand must use only seed registered, stored, selected and transferred in accordance with the standards, if any, established by the chief forester.

(5)  A woodlot licence holder referred to in subsection (4) may submit to the chief forester for approval an alternative to any standard established by the chief forester under subsection (2).

(6)  The chief forester may approve an alternative submitted under subsection (5) if the chief forester considers that the alternative is consistent with achieving the intent of the standard.

(7)  If the chief forester approves an alternative submitted under subsection (5), the woodlot licence holder who submitted the alternative

(a) is exempt from the requirement of subsection (4) for which the alternative has been approved, and

(b) must comply with the alternative.

(8)  A woodlot licence holder who is required to establish a free growing stand must keep a record of the registration numbers of the seed that is used, if any, and a map of the location where the trees grown from the seed are planted.

Pre-harvest mapping

33 (1)  The chief forester may establish standards for the purpose of this section.

(2)  Before a woodlot licence holder harvests timber from an area where the holder is required to establish a free growing stand, the holder must prepare a map for the area according to the standards set under subsection (1), showing

(a) the biogeoclimatic ecosystem classification, including the site series listed within that classification, for the area, and

(b) the stocking standards that apply to the area.

(3)  A woodlot licence holder must make the map referred to in subsection (2) available to the district manager, or a person authorized by the district manager, on request.

(4)  A woodlot licence holder must retain the map referred to in subsection (2) until the holder

(a) has produced a free growing stand on the area, or

(b) has been relieved under section 107 [limitation on liability of person to government] or 108 [government may fund extra expense or waive obligation] of the Act of the requirement to establish a free growing stand on the area.

Free growing stands

34 (1)  Unless exempted under subsection (2) or section 78 (2) [minister may grant exemptions], a woodlot licence holder must establish, in accordance with this Division, a free growing stand on

(a) the net area to be reforested,

(b) areas where timber was harvested by the holder in contravention of section 52 [unauthorized timber harvesting] of the Act,

(c) private land subject to the woodlot licence where timber was harvested by the holder without authorization, and

(d) areas where the minister requires the holder to establish a free growing stand when the holder is authorized to obtain a cutting permit under section 12 (3) [woodlot licence plan required] of the Act.

(2)  A woodlot licence holder is exempt from the requirements of section 29 (3) [free growing stands] of the Act in respect of an area if timber harvesting is limited to one or more of the following:

(a) harvesting timber to eliminate a safety hazard;

(b) harvesting timber to facilitate the collection of seed, leaving an opening not greater than 1 ha;

(c) removing felled trees from landings and road rights of way;

(d) commercial thinning, removal of individual trees, or a similar type of intermediate cutting;

(e) harvesting special forest products.

(3)  A woodlot licence holder who harvests timber for the reasons referred to in subsection (2) (d) or (e) must ensure that, for a period of 12 months after completion of harvest, the area on which timber harvesting was carried out conforms to the stocking standards specified in section 12 [stocking information for specified areas] for the area.

(4)  For the purpose of the definition of "commencement date", the minister may give written authorization for a specified commencement date if

(a) harvesting of bark beetle infested timber or timber damaged by wind occurs before harvesting the majority of the cutblock volume, or

(b) all of the following apply:

(i)  harvesting in areas that are in close proximity has taken place over one or more seasons;

(ii)  the holder has proposed to amalgamate the areas into a single unit;

(iii)  the minister is satisfied that the amalgamation will simplify future management of the areas.

Conforming to stocking standards

35 (1)  In subsection (2), the applicable stocking standards, regeneration date and free growing date are those specified for the applicable silvicultural system in

(a) the woodlot licence holder's woodlot licence plan, or

(b) the Ministry of Forests' publication, Reference Guide for Forest Development Plan Stocking Standards, as amended from time to time, if the stocking standards, regeneration date or free growing date are not specified in the holder's woodlot licence plan.

(2)  A woodlot licence holder who is required to establish a free growing stand on an area must,

(a) by the applicable regeneration date, establish a stand that conforms to the stocking standards that relate to the biogeoclimatic ecosystem classification for the area, and

(b) by the applicable free growing date, establish a free growing stand that conforms to the stocking standards that relate to the biogeoclimatic ecosystem classification for the area.

Requirements if free growing stand cannot be established

35.1 (1)  Subject to section 108 of the Act, a woodlot licence holder who

(a) is required to establish a free growing stand under section 35 of this regulation, and

(b) knows that the requirements of sections 35 and 36 of this regulation cannot be met

must

(c) give notice to the minister that the requirements to establish a free growing stand cannot be met, giving the reasons, and

(d) submit to the minister a proposal for establishing a free growing stand on the area, including the stocking standards, the free growing height and the latest date by which the stocking standards and free growing height will be achieved.

(2)  The minister must approve a proposal submitted under subsection (1) if the minister considers that the proposal is consistent with section 18 (3).

(3)  The minister must give notice to the holder who submitted the proposal if the proposal has been approved or rejected and, if rejected, must provide written reasons.

(4)  A rejection under subsection (3) is reviewable as set out in sections 80 and 81 of the Act and those sections and sections 82 to 84 of the Act apply in respect of the review.

(5)  A holder who is notified under subsection (3) that the proposal has been approved must ensure that a free growing stand is established that conforms to the approved proposal.

[en. B.C. Reg. 106/2005, s. 7.]

Stream riparian classes

36 (1)  In this section, "active flood plain" means the level area with alluvial soils, adjacent to streams, that is flooded by stream water on a periodic basis and is at the same elevation as areas showing evidence of

(a) flood channels free of terrestrial vegetation,

(b) rafted debris or fluvial sediments, recently deposited on the surface of the forest floor or suspended on trees or vegetation, or

(c) recent scarring of trees by material moved by flood waters.

(2)  A stream that is a fish stream or is located in a community watershed has the following riparian class:

(a) S1A, if the stream averages, over a one km length, either a stream width or an active flood plain width of 100 m or greater;

(b) S1B, if the stream width is greater than 20 m but the stream does not have a riparian class of S1A;

(c) S2, if the stream width is not less than 5 m and not more than 20 m;

(d) S3, if the stream width is not less than 1.5 m but is less than 5 m;

(e) S4, if the stream width is less than 1.5 m.

(3)  A stream that is not a fish stream and is located outside of a community watershed has the following riparian class:

(a) S5, if the stream width is greater than 3 m;

(b) S6, if the stream width is 3 m or less.

(4)  Unless subsection (5) or (6) applies, for each riparian class of stream, the minimum riparian management area width, riparian reserve zone width and riparian management zone width, on each side of the stream, are

(a) as specified in the holder's woodlot licence plan, or

(b) if widths are not specified in a woodlot licence plan, as follows:

(5)  If the width of the active flood plain of a stream exceeds the specified width for the riparian management zone, the width of the riparian management zone extends to the outer edge of the active flood plain.

(6)  The minister may specify a riparian reserve zone for a stream with a riparian class of S1-A if the minister considers that a riparian reserve zone is required.

(7)  The riparian reserve zone for a stream begins at the edge of the stream channel bank and extends to the width specified in subsection (4) or (6).

(8)  The riparian management zone for a stream begins at

(a) the outer edge of the riparian reserve zone, or

(b) if there is no riparian reserve zone, the edge of the stream channel bank,

and extends out to the widths specified in subsection (4) or (5).

[am. B.C. Reg. 585/2004, s. 7.]

Repealed

36.1 Repealed. [B.C. Reg. 106/2005, s. 8.]

Wetland riparian classes

37 (1)  Wetlands have the following riparian classes:

(a) W1, if the wetland is greater than 5 ha in size;

(b) W2, if the wetland is not less than 1 ha and not more than 5 ha in size and is in one of the following biogeoclimatic zones or subzones:

(i)  Ponderosa Pine;

(ii)  Bunch Grass;

(iii)  Interior Douglas-fir, very dry hot, very dry warm or very dry mild;

(iv)  Coastal Douglas-fir;

(v)  Coastal Western Hemlock, very dry maritime, dry maritime or dry submaritime;

(c) W3, if the wetland is not less than 1 ha and not more than 5 ha in size and is in a biogeoclimatic zone or subzone other than one referred to in paragraph (b);

(d) W4, if the wetland is

(i)  not less than 0.25 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (b) (i), (ii) or (iii), or

(ii)  not less than 0.5 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (b) (iv) or (v).

(2)  Despite subsection (1), an area is to be treated as a single wetland with a riparian class of W5 if

(a) the area contains

(i)  two or more W1 wetlands located within 100 m of each other,

(ii)  a W1 wetland and one or more W2, W3 or W4 wetlands, all of which are within 80 m of each other, or

(iii)  two or more W2, W3 or W4 wetlands located within 60 m of each other, and

(b) the combined size of the wetlands, excluding the upland areas, is 5 ha or larger.

(3)  Unless subsection (4) or (5) applies, for each riparian class of wetland, the minimum riparian management area width, riparian reserve zone width and riparian management zone width for the wetland are

(a) as specified in the holder's woodlot licence plan, or

(b) if no widths are specified in a woodlot licence plan, as follows:

(4)  No riparian reserve zone or riparian management zone extends onto any enclosed upland areas of a W1 wetland if the wetland is

(a) located in a boreal, subboreal or hyper-maritime climate, and

(b) greater than 1 000 ha in size.

(5)  If the minister considers it necessary for a riparian reserve zone or riparian management zone to extend onto an enclosed upland area, the minister may require either or both of the following:

(a) a riparian reserve zone of a width of 10 m or less;

(b) a riparian management zone with a width of 40 m or less.

(6)  The riparian reserve zone for a wetland begins at the edge of the wetland and extends to the width described in subsection (3) or (5).

(7)  The riparian management zone for a wetland begins at

(a) the outer edge of the riparian reserve zone, or

(b) if there is no riparian reserve zone, the edge of the wetland,

and extends to the width specified in subsection (3) or (5).

Lake riparian classes

38 (1)  Lakes have the following riparian classes:

(a) L1-A, if the lake is 1 000 ha or greater in size;

(b) L1-B, if

(i)  the lake is greater than 5 ha but less than 1 000 ha in size, or

(ii)  the minister designates the lake as L1-B;

(c) L2, if the lake is not less than 1 ha and not greater than 5 ha in size and is in a biogeoclimatic zone or subzone that is

(i)  Ponderosa Pine,

(ii)  Bunch Grass,

(iii)  Interior Douglas-fir, very dry hot, very dry warm or very dry mild,

(iv)  Coastal Douglas-fir, or

(v)  Coastal Western Hemlock, very dry maritime, dry maritime or dry submaritime;

(d) L3, if the lake is not less than 1 ha and not more than 5 ha in size and is in a biogeoclimatic zone or subzone other than one referred to in paragraph (c);

(e) L4, if the lake is

(i)  not less than 0.25 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (c) (i), (ii) or (iii), or

(ii)  not less than 0.5 ha and not more than 1 ha in size and is in a biogeoclimatic zone or subzone referred to in paragraph (c) (iv) or (v).

(2)  Unless subsection (3) applies, for each riparian class of lake, the minimum riparian management area width, riparian reserve zone width and riparian management zone width are

(a) as specified in the holder's woodlot licence plan, or

(b) if no widths are specified in a woodlot licence plan, as follows:

(3)  If the minister considers it necessary, the minister may specify a riparian management area and a riparian reserve zone for a lake with a riparian class of L1-A.

(4)  The riparian reserve zone for a lake begins at the edge of the lake and extends to the width specified in subsection (2) or (3).

(5)  The riparian management zone for a lake begins at

(a) the outer edge of the riparian reserve zone, or

(b) if there is no riparian reserve zone, the edge of the lake,

and extends to the width specified in subsection (2) or (3).

Restrictions in a riparian reserve zone

39 (1)  A woodlot licence holder must not cut, modify or remove trees in a riparian reserve zone, unless it has been specified in a woodlot licence plan or it is limited to one of the following purposes:

(a) felling or modifying a tree that is a safety hazard, if there is no other practicable option for addressing the safety hazard;

(b) topping or pruning a tree that is not wind firm;

(c) constructing a stream crossing;

(d) creating a corridor for full suspension yarding;

(e) creating guyline tiebacks;

(f) carrying out a sanitation treatment;

(g) felling or modifying a tree that has been windthrown or has been damaged by fire, insects, disease or other causes, if the felling or modifying will not have a material adverse impact on the riparian reserve zone;

(h) felling or modifying a tree for the purpose of establishing or maintaining an interpretive forest site, recreation site, recreation facility or recreation trail.

(2)  A woodlot licence holder who fells, tops, prunes or modifies a tree under subsection (1) may remove the tree only if the removal will not have a material adverse affect on the riparian reserve zone.

(2.1)  A woodlot licence holder must not construct a road in a riparian reserve zone in a cutblock unless the construction has been specified in a woodlot licence plan.

(3)  Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder must not carry out the following silviculture treatments in a riparian reserve zone:

(a) grazing or broadcast herbicide applications for the purpose of brushing;

(b) mechanized site preparation or broadcast burning for the purpose of site preparation;

(c) spacing or thinning.

[am. B.C. Reg. 585/2004, s. 8.]

Restrictions in a riparian management zone

40 (1)  A woodlot licence holder must not construct a road in a riparian management zone in a cutblock, unless one of the following applies:

(a) the construction of the road is provided for in the woodlot licence plan;

(b) locating the road outside the riparian management zone would create a higher risk of sediment delivery to the stream, wetland or lake to which the riparian management zone applies;

(c) there is no other practicable option for locating the road;

(d) the road is required as part of a stream crossing.

(2)  Unless exempted under section 78 (1) [minister may grant exemptions], if a road is constructed within a riparian management zone, a woodlot licence holder must not carry out road maintenance activities beyond the clearing width of the road, except as necessary to maintain a stream crossing.

(3)  Unless exempted under section 78 (1), a woodlot licence holder who constructs, maintains or deactivates a road must not remove gravel or other fill from within a riparian management zone, unless

(a) the gravel or fill is within a road prism,

(b) the gravel or fill is at a stream crossing, or

(c) there is no other practicable option.

(4)  Unless exempted under section 78 (1), a woodlot licence holder who cuts, modifies or removes trees within a riparian management zone for an S4, S5 or S6 stream that has trees that contribute significantly to the maintenance of stream bank or channel stability, must retain enough trees adjacent to the stream to maintain the stream bank or channel stability, if the stream

(a) is a direct tributary to an S1, S2 or S3 stream,

(b) flows directly into the ocean, at a point near to or where one or more of the following is located:

(i)  a herring spawning area;

(ii)  a shellfish bed;

(iii)  a saltwater marsh area;

(iv)  an aquaculture site;

(v)  a juvenile salmonid rearing area or an adult salmon holding area, or

(c) flows directly into the ocean at a point near to the location of an area referred to in paragraph (b) and failure to maintain stream bank or channel stability will have a material adverse impact on that area.

(5)  Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder must cut, modify or remove trees within a riparian management zone only as described in section 8 (3) [mapping and information].

[am. B.C. Reg. 585/2004, s. 9.]

Lakeshore management zones

41 Unless exempted under section 78 (1) [minister may grant exemptions], if a lakeshore management zone objective applies to Crown land in a woodlot licence area, a woodlot licence holder must carry out forest practices in the area only in a manner that is consistent with the lakeshore management zone objective.

Temperature sensitive streams

42 Unless exempted under section 79 (1), a woodlot licence holder who fells, modifies or removes trees within a riparian reserve zone or riparian management zone adjacent to a temperature sensitive stream, or a stream that is a direct tributary to a temperature sensitive stream, must retain either or both of the following in an amount sufficient to prevent the temperature of the temperature sensitive stream from increasing to an extent that would have a material adverse impact on fish:

(a) streamside trees whose crowns provide shade to the stream;

(b) understory vegetation that provides shade to the stream.

[en. B.C. Reg. 585/2004, s. 10; am. B.C. Reg. 106/2005, s. 9.]

Stream crossings

43 (1)  Unless exempted under section 78 (1), a woodlot licence holder who builds a stream crossing as part of a temporary access structure or permanent access structure must locate, build and use the 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.

(2)  Unless exempted under section 78 (1), a woodlot licence holder who builds a stream crossing as part of a temporary access structure must remove the crossing when it is no longer required by the holder.

[en. B.C. Reg. 585/2004, s. 10.]

Fish passage

44 (1)  Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who carries out a primary forest activity must ensure that the primary forest activity does not have a material adverse effect on fish passage in a fish stream.

(2)  Unless exempted under section 78 (1), a woodlot licence holder who maintains a fish stream crossing built after June 15, 1995, must ensure that the crossing does not have a material adverse effect on fish passage.

(3)  Despite subsections (1) and (2), a woodlot licence holder may temporarily have a material adverse effect on fish passage to construct, maintain or deactivate a road, including a stream crossing, if

(a) fish are not migrating or spawning, and

(b) the source of the material adverse effect is removed immediately on completion of the construction, maintenance or deactivation.

Protection of fish and fish habitat

45 Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who carries out a primary forest activity must conduct the primary forest activity at a time and in a manner that is unlikely to harm fish or destroy, damage or harmfully alter fish habitat.

Use of livestock in riparian areas

46 Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who uses livestock for site preparation or brush control for the purpose of carrying out a silviculture treatment must not do either of the following:

(a) construct a livestock corral

(i)  within a riparian management zone or riparian reserve zone,

(ii)  on an area that drains directly into a fish stream or a fish-bearing wetland or lake, or

(iii)  on an area within a community watershed that drains directly into a potable water source;

(b) use the livestock within a riparian management zone or riparian reserve zone that is located within a community watershed.

Protecting water quality

47 Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who carries out a primary forest activity must ensure that the primary forest activity does not cause material that is harmful to human health to be deposited in, or transported to, water that is diverted for human consumption by a licensed waterworks.

Licensed waterworks

48 (1)  Unless exempted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who carries out a primary forest activity must ensure that the primary forest activity does not damage a licensed waterworks.

(2)  A woodlot licence holder must not harvest timber or construct a road within a community watershed if the timber harvesting or road construction is within a 100 m radius upslope of a licensed waterworks where the water is diverted for human consumption, unless the timber harvesting or road construction will not increase sediment delivery to the intake.

Excavated or bladed trails

49 Unless exempted under section 78 (1), a woodlot licence holder who

(a) carries out timber harvesting, and

(b) constructs an excavated or bladed trail in a community watershed,

must ensure that doing so does not cause sediment delivery that would be harmful to human health to enter a stream, wetland or lake from which water is being diverted for human consumption by a licensed waterworks.

[en. B.C. Reg. 585/2004, s. 10.]

Roads in a community watershed

50 (1)  To prevent interference with the subsurface flow path of a drainage area that contributes to a spring that is a source of water for a licensed waterworks, the minister may

(a) identify a spring in a community watershed,

(b) specify a distance from the spring within which a person who constructs a road must not locate the road, and

(c) permit a person who constructs a road to locate the road closer to the spring than the distance specified under paragraph (b).

(2)  If the minister does not specify a distance under subsection (1) (b), subject to an exemption granted under section 78 (1) [minister may grant exemptions], a woodlot licence holder who constructs a road must not locate the road closer than a 100 m radius upslope of the spring identified under subsection (1) (a), unless the construction does not interfere with the subsurface flow path of a drainage area that contributes to the spring.

Use of fertilizers <