Definitions

1  (1)  In this regulation:

"Act" means the Private Managed Forest Land Act;

"Coast" means that geographic area of British Columbia that is contained in the Coast Forest Region as defined in the Forest Regions and Districts Regulation, B.C. Reg. 123/2003;

"cutblock" means an administrative area of managed forest land where timber is harvested from all or a portion of the area;

"Interior" means that geographic area of British Columbia that is not the Coast;

"licensed water supply intake" means a water intake that

(a) is within

(i)  a water supply area, or

(ii)  a community watershed contiguous to a water supply area,

(b) is to provide water for human consumption, and

(c) is licensed under the Water Act for

(i)  a waterworks purpose, or

(ii)  a domestic purpose, if the licence is held by or is subject to the control of a water users' community incorporated under the Water Act;

"operating season" means

(a) for the Coast, the 12 month period ending December 31, and

(b) for the Interior, the 12 month period ending March 31;

"stream channel" means the area between the outermost opposing stream banks measured at the point where rooted terrestrial vegetation begins;

"water supply area" means that portion of a community watershed that is on private managed forest land;

"wetland" means a swamp, marsh or other similar area that supports natural vegetation that is distinct from adjacent upland areas.

(2)  Words and expressions not defined in this regulation have the meaning given to them in section 1 of the Private Managed Forest Land Council Matters Regulation.

 Interpretation

2  (1)  Nothing in this regulation authorizes an owner of private managed forest land to make changes in and about a stream as that expression is defined in the Water Act.

(2)  Distances referred to in this regulation are horizontal distances except for the following references, which are slope distances:

(a) section 18 (1), (2) and (4);

(b) section 19 (1);

(c) section 20 (1).

(3)  Widths of streams are determined as the average distance across the stream channel measured at right angles to stream flow.

(4)  Diameters of trees are measured at a height of 1.3 m above the ground on the upslope side of the tree.

(5)  Divisions 2 to 4 of Part 3 do not apply to land that is within 30 m of the high water mark of a reservoir used for generating hydroelectric power.

 Council may make exemptions with or without conditions

3  (1)  The council, in a written notice given to an owner, may exempt the owner, in whole or in part, from a requirement of Part 3 and may make the exemption with or without conditions.

(2)  The council may exempt an owner under subsection (1) only if the council is satisfied that the exemption

(a) is necessary in the interests of public safety, or

(b) is not inconsistent with either of the following:

(i)  the public interest;

(ii)  the forest management objectives in Division 1 of Part 3 of the Act unless the exemption is necessary to address management of forest health factors.

 Powers of the council under section 32 of the Act

4  (1)  A request referred to in section 32 (1) of the Act must

(a) be in writing,

(b) identify the order, decision or determination of the council that is the subject of the request, and

(c) specify the grounds of the request.

(2)  A request referred to in subsection (1) must be submitted to council.

(3)  If the council receives a request under subsection (2), the council may require the person who made the request to provide written submissions in respect of the request.

(4)  If the council requires a person to provide written submissions under subsection (3), the council is not required to consider the request under subsection (1) until the person complies with the requirement.

 Annual administration fee and levy

5  (1)  For the purpose of section 9 (2) of the Act, the date by which an owner must pay an annual administration fee is March 15 of the calendar year to which the annual administration fee relates.

(2)  Despite subsection (1), in 2004, the date by which an owner must pay the annual administration fee is July 31.

(3)  The notice referred to in section 9 (7) (a) of the Act must

(a) be in writing, and

(b) be served a minimum of 30 days before the date referred to in subsection (1).

 Disposition of surplus

6  If the council determines that there is a surplus referred to in section 9 (6) of the Act, the council must, within 30 days of making the determination, give written notice of the surplus to the owners.

 Notification of local government required

7  If the assessor notifies the council that an area has been

(a) classified as managed forest land under section 24 of the Assessment Act, or

(b) declassified as managed forest land under section 24 (3) (b) of the Assessment Act,

the council must give written notice to the affected local government of the classification or declassification of the area.

 Management commitments

8  (1)  For the purpose of section 17 (1) (a) of the Act, a management commitment in respect of an area must contain the following information:

(a) the size and location of the area;

(b) a commitment to use the land for the production and harvesting of timber;

(c) the long term forest management objectives for the owner's land;

(d) the strategies that will be used to attain the long term forest management objectives described in paragraph (c);

(e) a soil quality assessment for the purpose of section 24 (6) of the Assessment Act;

(f) an inventory of existing roads;

(g) forest cover;

(h) the commercial species of trees that will be used during reforestation;

(i) the signature or, with the permission of the council, the digital code of the owner or a person authorized to sign on behalf of the owner.

(2)  For the purpose of section 17 (2) of the Act, an owner who submits an amendment to a management commitment to the council must ensure that the amendment contains

(a) all of the information referred to in subsection (1) to which the amendment relates, and

(b) the signature or, with the permission of the council, a digital code of the owner or a person authorized to sign on behalf of the owner.

(3)  The council may specify the form with which a management commitment or amendment to a management commitment must conform.

 Notification of withdrawal of management commitment

9  (1)  For the purpose of section 18 of the Act, a notice that an owner is withdrawing his or her management commitment in respect of an area must contain the following information:

(a) the legal description of the land that is the subject of the notice;

(b) the size and location of the area;

(c) the signature or, with the permission of the council, a digital code of the owner or a person authorized to sign on behalf of the owner.

(2)  The council may specify the form with which a notice referred to in subsection (1) must conform.

 Notification of sale of private managed forest land

10  (1)  If the holder of a management commitment under section 17 of the Act disposes of the land to which the management commitment applies, the holder must give notice to the council within 30 days of the disposal.

(2)  A notice referred to in subsection (1) must be in writing and include all of the following:

(a) the date of completion of the sale;

(b) the name and address of the purchaser;

(c) the legal description of the property.

 Annual declarations

11  For the purpose of section 20 (d) of the Act, a declaration must contain all of the following:

(a) the location of areas that were restocked under section 25 (2) (a) or (3) (a);

(b) the location of areas that were successfully regenerated under section 25 (2) (b) or (3) (b);

(c) sufficient maps and supporting documentation to enable the commission to evaluate the declaration;

(d) the signature or, with the permission of the commission, the digital code of the owner or a person authorized to sign on behalf of the owner.

 Limits on areas that may be occupied by roads and landings

12  An owner who carries out timber harvesting on an area must restrict the amount of productive forest land on the area that is converted to permanent roads, landings and excavated or bladed trails to the minimum necessary to safely and efficiently conduct the timber harvesting operations.

 Soil conservation requirements for timber harvesting access structures

13  (1)  An owner who carries out timber harvesting on an area and constructs or uses any roads, landings and excavated or bladed trails, must ensure that

(a) the access structures are constructed and maintained or deactivated in a manner that

(i)  minimizes soil erosion, and

(ii)  minimizes any increase in landslide hazards,

(b) cutslopes and fillslopes for the access structures remain stable and are not subject to significant slumping or raveling, and

(c) if the access structures result in soil erosion, landslides or significant slumping or raveling occurring, reasonable measures are taken to mitigate the impact on soil productivity on the affected area.

(2)  An owner who carries out timber harvesting in a cutblock must ensure that any excavated or bladed trails used to facilitate the harvesting are rehabilitated to the extent necessary to ensure compliance with any reforestation requirements for the cutblock.

 Practices concerning access structures near streams

14  (1)  An owner who constructs

(a) a borrow pit,

(b) a quarry,

(c) a waste area, or

(d) an end haul disposal site

must ensure that the amount of any soil that enters a stream as a result of the construction is minimized.

(2)  An owner who constructs, deactivates or rehabilitates a road, landing, excavated or bladed trail or other similar access structure must ensure that the construction, deactivation or rehabilitation is carried out so as to meet all the following requirements:

(a) streams are maintained in their natural or existing courses;

(b) the structure does not become unstable to the extent that its instability contributes to landslide debris entering fish streams or streams in water supply areas;

(c) excavated soil does not enter directly into streams.

(3)  Subject to subsection (4), an owner must maintain a road, landing, excavated or bladed trail or other similar access structure in accordance with subsection (2) until the access structure is deactivated or rehabilitated, if

(a) the access structure was used for timber harvesting, and

(b) at the date of the timber harvesting, the land was managed forest land.

(4)  If an owner uses for timber harvesting purposes a portion of a road that was constructed under another enactment, the owner must maintain that portion of the road in accordance with subsection (2) for the period that the owner

(a) uses the road for timber harvesting purposes, and

(b) is the primary user of that portion of the road.

 Constraints on activities near streams

15  An owner who, adjacent to a stream, carries out timber harvesting or related activities, silviculture activities or road construction or deactivation activities must ensure that those activities meet all the following requirements:

(a) stream channels, banks and gully side walls are not destabilized or damaged;

(b) soil erosion into streams is minimized;

(c) machine tracks within 5 m of the edge of the stream channel do not result in mineral soil exposure that leads to sedimentation, except at a stream crossing;

(d) understory vegetation and non-commercial trees within 5 m of the edge of the stream channel are retained to the fullest extent possible unless

(i)  they are at a stream crossing,

(ii)  the area is to be subject to planned fire,

(iii)  the retention of the understory vegetation and non-commercial trees would result in

(A)  damage to the stream bank,

(B)  damage to the stream channel, or

(C)  sediment entering the stream, or

(iv)  the disturbance of the understory vegetation and non-commercial trees would not result in

(A)  harm to fish or fish habitat, or

(B)  reduced water quality at water supply installations;

(e) accumulations of woody debris or slash in the stream channels do not result in

(i)  harm to fish or fish habitat, or

(ii)  damage to water supply installations.

 Application

16  Except as otherwise specified in this regulation, the requirements of sections 17 to 25 apply to a stream only if the stream is

(a) a fish stream, or

(b) in a water supply area.

 Constraints on activities in water supply areas and near fish habitat

17  (1)  An owner who, adjacent to a stream, carries out timber harvesting or related activities, silviculture activities or road construction or deactivation activities must ensure that those activities meet all the following requirements:

(a) understory vegetation and non-commercial trees within 5 m of the edge of the stream channel are retained to the fullest extent possible unless the disturbance of the understory vegetation and non-commercial trees would not result in

(i)  harm to fish or fish habitat, or

(ii)  reduced water quality at water supply installations;

(b) accumulations of woody debris or slash in the stream channels do not result in

(i)  harm to fish or fish habitat, or

(ii)  damage to water supply installations.

(2)  An owner who carries out timber harvesting or silviculture activities on an area must ensure that accumulations of woody debris on the site, or physical disturbance to the site, do not result in damage to

(a) a pond,

(b) a wetland, or

(c) a seasonally flooded depression

that is seasonally or permanently occupied by one or more of the species of fish referred to in the definition of "fish stream" in section 1 of the Private Managed Forest Land Council Matters Regulation.

 Retention of trees adjacent to large streams

18  (1)  If an owner carries out timber harvesting activities in a cutblock adjacent to a stream whose stream channel is at least 3.0 m wide, the owner must, on each side of every 100 m of that stream that is adjacent to the cutblock, retain at least 20 trees that are selected in accordance with subsections (2) and (4).

(2)  For the purposes of subsection (1), the owner must select trees sequentially in accordance with the criteria set out in paragraphs (a) to (f), until a total of at least 20 trees have been selected:

(a) all trees that are

(i)  within 10 m from the edge of the stream channel,

(ii)  30 cm or more in diameter,

(iii)  necessary to maintain the same proportion of coniferous to deciduous trees as in the pre-harvest stand, and

(iv)  necessary to maintain the same range of sizes, for both coniferous and deciduous trees, as in the pre-harvest stand;

(b) all trees that are

(i)  within 10 m from the edge of the stream channel,

(ii)  20 cm or more in diameter, and

(iii)  necessary to maintain the same proportion of coniferous to deciduous trees as in the pre-harvest stand;

(c) all trees that are

(i)  within 20 m from the edge of the stream channel,

(ii)  30 cm or more in diameter,

(iii)  necessary to maintain the same proportion of coniferous to deciduous trees as in the pre-harvest stand, and

(iv)  necessary to maintain the same range of sizes, for both coniferous and deciduous trees, as in the pre-harvest stand;

(d) all trees that are

(i)  within 20 m from the edge of the stream channel,

(ii)  20 cm or more in diameter, and

(iii)  necessary to maintain the same proportion of coniferous to deciduous trees as in the pre-harvest stand;

(e) all trees that are

(i)  within 30 m from the edge of the stream channel,

(ii)  30 cm or more in diameter,

(iii)  necessary to maintain the same proportion of coniferous to deciduous trees as in the pre-harvest stand, and

(iv)  necessary to maintain the same range of sizes, for both coniferous and deciduous trees, as in the pre-harvest stand;

(f) all trees that are

(i)  within 30 m from the edge of the stream channel,

(ii)  20 cm or more in diameter, and

(iii)  necessary to maintain the same proportion of coniferous to deciduous trees as in the pre-harvest stand.

(3)  Despite subsection (1), if fewer than 20 trees meet any of the criteria set out in subsection (2) (a) to (f), the owner is required to retain only those trees within that area that meet the criteria.

(4)  The trees selected under subsection (1) must be distributed as evenly as is practicable along all of the 100 m length of the stream

(a) unless

(i)  the area on the opposite side of that 100 m portion of the stream meets the tree retention requirements of subsection (1), and

(ii)  the tree species present on the area to be harvested are not suitable for partial cutting silvicultural systems, or

(b) unless the uneven distribution is necessary to facilitate yarding of timber under section 21.

(5)  An owner may remove a tree that is otherwise required to be retained under subsections (1) to (4), only if the tree falls by natural causes outside of the stream channel.

(6)  This section does not apply to any plantation of hybrid poplar or cottonwood located on the islands and banks of the Fraser River, downstream of the municipality of Hope.

 Retention of trees adjacent to small streams

19  (1)  If an owner carries out timber harvesting activities in a cutblock adjacent to a stream whose stream channel is more than 1.5 m but less than 3.0 m wide, the owner must, on each side of every 100 m of the stream that is adjacent to the cutblock, retain at least 10 trees that

(a) are within 10 m of the edge of the stream channel,

(b) are 20 cm or more in diameter, and

(c) maintain

(i)  the same proportion of coniferous to deciduous trees as in the pre-harvest stand, and

(ii)  the same range of sizes, for both coniferous and deciduous trees, as in the pre-harvest stand, if the gradient of the stream is 8% or less.

(2)  Despite subsection (1), if fewer than 10 trees meet the criteria set out in that subsection, the owner is required to retain only those trees within that area that meet the criteria in that subsection.

(3)  If the stream referred to in subsection (1) has a stream gradient of more than 8%, the owner must not harvest a tree selected to be retained under subsection (1) or (2) unless the owner selects and retains in its place another tree that is 20 cm or greater in diameter.

(4)  If the stream referred to in subsection (1) has a stream gradient of 8% or less, the owner must not harvest a tree selected to be retained under subsection (1) or (2) unless the tree falls by natural causes outside of the stream channel.

 Location of roads and access structures

20  (1)  An owner must not construct, except at a stream crossing, any portion of a road bed of a road with a running surface wider than 5.5 m within 30 m from the edge of a stream channel, if the stream is

(a) a fish stream, or

(b) a stream that is in a water supply area and has a stream channel width of at least 1.5 m.

(2)  The owner must not construct roads, other than those required to provide access to a licensed water supply intake, within a 100 m radius upslope of the intake, without the agreement of the holder of the licence for that licensed water supply intake.

 Yarding activities near streams

21  (1)  Subject to subsection (2), an owner who yards timber across a stream must ensure that the timber is suspended over the stream and the yarding does not result in any of the following:

(a) damage to the streambank or streambed;

(b) damage to trees required to be retained under section 18 or 19;

(c) accumulation of woody debris or slash that causes damage to

(i)  fish or fish habitat, or

(ii)  a licensed water supply intake.

(2)  The requirements of subsection (1) do not apply to a stream within a water supply area unless the stream has a stream channel width of at least 1.5 m.

 Management of fertilizer near streams

22  (1)  An owner who broadcasts fertilizer in a water supply area must ensure that

(a) the fertilizer is not applied

(i)  within a 100 m radius upslope of any licensed water supply intake, and

(ii)  within 10 m of a stream that

(A)  is observable from the air, at the height from which the fertilizer will be applied, and

(B)  contains flowing water at the time of the application, and

(b) if nitrogen fertilizer is applied, the application does not cause

(i)  nitrate levels in a stream to exceed 10 ppm measured immediately downstream of the area where the fertilizer is applied, or

(ii)  water quality to fail to meet any water quality objectives established under the Private Managed Forest Land Council Matters Regulation.

(2)  Without limiting subsection (1), the owner must not apply fertilizers by aerial broadcast within 10 m of a fish stream.

 Water quality problems identified by a holder of a licence for a water intake

23  (1)  If a holder of a licence for a licensed water supply intake

(a) can demonstrate that a reduction in water quality has occurred, and

(b) has reasonable cause to believe that the source of the reduction in water quality is on managed forest land,

the holder may notify the owner of the managed forest land of the reduction in water quality.

(2)  If the source of the reduction in water quality is on the owner's land, the owner must

(a) provide to the holder of the licence a description of the source of the problem,

(b) if the problem is the result of the owner's actions under the Act or this regulation, provide to the holder of the licence

(i)  a description of the measures that will be carried out to address the problem, and

(ii)  an implementation schedule for carrying out those measures, and

(c) carry out the measures in accordance with the implementation schedule referred to in paragraph (b).

(3)  If a holder of a licence for a licensed water supply intake has reasonable cause to believe that an owner has not complied with subsection (2), the holder may notify the council.

 Notification of landslides and debris flows

24  An owner must notify the council, within 24 hours of becoming aware that a landslide or debris flow has occurred on the owner's land, if the owner knows that the landslide or debris flow

(a) occurred after August 1, 2004, and

(b) has deposited debris into a stream on the owner's land.

 Reforestation of areas where timber harvested or destroyed

25  (1)  In this section:

"completion of timber harvesting" means the date that timber harvesting within a cutblock is concluded and is determined by

(a) the date the area is declared as a cutblock in an annual declaration, or

(b) if an area is not included in a declaration, a date that does not exceed two consecutive operating seasons from the commencement of harvesting in the cutblock;

"crop tree" means a tree that

(a) is of a commercial species that is consistent with the species of trees specified in the management commitment for use in reforestation, and

(b) is unencumbered by pathogens;

"disturbed area" means

(a) an area within a cutblock, other than an area harvested to facilitate the construction of a road, where timber harvesting has been completed, and

(b) an area where timber was destroyed;

"restock" means to establish a stand of trees that contains at least

(a) 400 crop trees per hectare reasonably well distributed across the denuded area if the stand is on the Coast, and

(b) 600 crop trees per hectare reasonably well distributed across the disturbed area if the stand is in the Interior;

"successfully regenerated stand" means a stand of trees

(a) that contains at least

(i)  400 crop trees per hectare reasonably well distributed across the denuded area if the stand is on the Coast, and

(ii)  600 crop trees per hectare reasonably well distributed across the disturbed area if the stand is in the Interior, and

(b) where the crop trees exceed the height of competing vegetation within 1 m of the crop tree by

(i)  50% if the area is on the Coast, and

(ii)  25% if the area is in the Interior.

(2)  An owner of an area of managed forest land where the timber on the area was either harvested or destroyed after the area became the owner's managed forest land must reforest the area by

(a) restocking the area within 5 years of

(i)  the completion of timber harvesting activity on the cutblock, or

(ii)  the date the timber on the area was destroyed, and

(b) establishing a successfully regenerated stand on the area within 15 years of

(i)  the completion of timber harvesting activity on the cutblock, or

(ii)  the date the timber on the area was destroyed.

(3)  An owner of an area of managed forest land where the timber on the area was either harvested or destroyed before the area became the owner's managed forest land must reforest the area by

(a) restocking the area within 10 years of the area becoming the owner's managed forest land, and

(b) establishing a successfully regenerated stand on the area within 20 years of the area becoming the owner's managed forest land.

(4)  Nothing in this section requires an owner to reforest an area unless

(a) the area where the timber was harvested or destroyed is a contiguous area that is at least 1 hectare in size, and

(b) the trees remaining on the area are insufficient to meet the requirements of a successfully regenerated stand.