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"Point in Time" Regulation Content

Private Managed Forest Land Act

Private Managed Forest Land Council Regulation

B.C. Reg. 182/2007

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Title July 1, 2014
Section 1 July 1, 2014
July 1, 2019
Section 2 July 1, 2014
July 1, 2019
Section 3 July 1, 2014
Section 4 July 1, 2014
Part 3 July 1, 2014
Section 8 July 1, 2019
Section 9 July 1, 2019
Section 12 July 1, 2019
Section 13 July 1, 2014
Section 14 July 1, 2014
Section 14.1 July 1, 2019
Section 15 July 1, 2014
Section 16 July 1, 2014
Section 17 July 1, 2014
Section 18 July 1, 2014
Section 19 July 1, 2014
Section 20 July 1, 2014
Section 21 July 1, 2014
Section 22 July 1, 2014
Section 23 July 1, 2014
Section 24 July 1, 2014
Section 25 July 1, 2014
Section 26 July 1, 2014
Section 27 July 1, 2014
Section 28 July 1, 2014
Section 29 July 1, 2014
Section 30 July 1, 2014
Section 31 July 1, 2014
July 1, 2019

 Title BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

PRIVATE MANAGED FOREST LAND COUNCIL REGULATION, 2007

 Section 1 (1) BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

(1) In this regulation:

"Class A stream" means a stream with a riparian class A as determined under the Schedule;

"Class B stream" means a stream with a riparian class B as determined under the Schedule;

"Class C stream" means a stream with a riparian class C as determined under the Schedule;

"Class D stream" means a stream with a riparian class D as determined under the Schedule;

"Class E stream" means a stream with a riparian class E as determined under the Schedule;

"cutblock" means an area of private managed forest land in which timber is harvested, but does not include areas where timber is harvested for the purpose only of facilitating road construction;

"deactivated" means a road that has been treated in accordance with section 22;

"logging trail" means a structure, other than a road, that is used to transport timber or equipment, and includes excavated or bladed trails;

"primary forest activity" means timber harvesting, road construction, maintenance or deactivation or silviculture treatments;

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

"stream crossing" means a bridge, culvert or ford.

 Section 1 (1) the definitions "domestic purpose", "drinking water intake" and "industrial purpose" were added by BC Reg 55/2019, effective July 1, 2019.

 Section 2 (1) BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

(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.

 Section 2 (1) BEFORE amended by BC Reg 55/2019, effective July 1, 2019.

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

 Section 3 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Limited exemption from compliance

3   (1) An owner is exempt from a requirement of Part 3 to the extent that the requirement cannot be met due to the actions of a person who has been authorized to act by the government.

(2) An owner is exempt from a requirement of Part 3 to the extent necessary to conform to the requirements of the Workers Compensation Act or a regulation made under that Act.

(3) An owner is exempt from a requirement of Part 3 to the extent necessary to allow the owner to

(a) prevent damage to the environment from occurring or continuing, or

(b) protect the safety of the public.

 Section 4 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Council may make exemptions with or without conditions

4   (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.

(3) If an owner is the subject of an exemption or condition under this section, the owner must comply with the exemption or condition.

 Part 3 title BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Part 3 — Owner Requirements

 Section 8 BEFORE re-enacted by BC Reg 55/2019, effective July 1, 2019.

Notification of local government required

8   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.

 Section 9 (4) was added by BC Reg 55/2019, effective July 1, 2019.

 Section 12 (a) and (b) BEFORE amended by BC Reg 55/2019, effective July 1, 2019.

(a) the location of areas that were restocked under section 31 (2) (a) or (3) (a);

(b) the location of areas that were successfully regenerated under section 31 (2) (b) or (3) (b);

 Section 13 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Limits on areas that may be occupied by roads

13   An owner who carries out timber harvesting in a cutblock must restrict the amount of productive forest land within the cutblock that is converted to roads to the minimum necessary for the safe and efficient conduct of timber harvesting operations.

 Section 14 (1) and (2) BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

(1) An owner who carries out timber harvesting in a cutblock must restrict the amount of productive forest land within the cutblock that is converted to logging trails to the minimum necessary for the safe and efficient conduct of the timber harvesting operations.

(2) Subject to subsection (3), an owner who constructs logging trails when carrying out timber harvesting in a cutblock must rehabilitate the logging trails to the extent necessary to meet any reforestation requirements under section 31 for the cutblock.

 Section 14.1 was enacted by BC Reg 55/2019, effective July 1, 2019.

 Section 15 (part) BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Sediment transport or deposition

15   An owner carrying out a primary forest activity must not cause sediment or other material to be transported to, or deposited in, a stream if that sediment or material will have a material adverse effect on

 Section 16 (part) BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Roads adjacent to streams

16   An owner must not construct a road within

 Section 17 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Stream crossings

17   (1) An owner who builds a stream crossing as part of a road or logging trail 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

to the extent necessary to avoid causing a material adverse effect on fish habitat or water that is diverted by a licensed waterworks intake.

(2) An owner who builds a stream crossing as part of a logging trail must remove the crossing when it is no longer required by the owner.

 Section 18 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Natural surface drainage patterns

18   (1) An owner who constructs a road or logging trail must maintain natural surface drainage patterns in the surrounding area both during and after the construction to the extent necessary to avoid causing a material adverse effect on fish habitat or water that is diverted by a licensed waterworks intake.

(2) If it is not practicable for an owner to comply with subsection (1), the owner must make the altered surface drainage pattern compatible with the original natural surface drainage pattern, to the extent necessary to avoid causing a material adverse effect on fish habitat or water that is diverted by a licensed waterworks intake, by the earlier of

(a) the end of the construction, or

(b) the next freshet.

 Section 19 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Measures respecting exposed soils

19   If, during road construction or deactivation, an owner exposes soil on an area

(a) that is outside of the running surface of the road, and

(b) where it is reasonably foreseeable that the surface erosion of the soil would cause a material adverse effect on fish habitat or water that is diverted by a licensed waterworks intake,

the owner must, within two years of the completion of the road construction or deactivation activity, revegetate the area or carry out other measures that will materially reduce the likelihood of surface soil erosion from the area.

 Section 20 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Protecting licensed waterworks intake

20   (1) An owner carrying out a primary forest activity must ensure that the activity does not damage a licensed waterworks intake.

(2) An owner must not construct a road within a 100 m radius upslope of a licensed waterworks intake, unless

(a) the road construction will not increase sediment delivery to the licensed waterworks intake, or

(b) the owner obtains prior approval from the holder of the licence for that licensed waterworks intake.

 Section 21 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Road maintenance

21   (1) An owner who constructs or uses a road for a purpose related to timber harvesting must maintain the road in accordance with this section until the road is deactivated.

(2) Despite subsection (1), 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 this section 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.

(3) For the purposes of this section, an owner must maintain

(a) the structural integrity of the road prism and clearing width, and

(b) the proper functioning of the drainage systems of the road

to the extent necessary to avoid causing a material adverse effect on fish habitat or on water that is diverted by a licensed waterworks intake.

 Section 22 (part) BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Road deactivation

22   An owner who no longer requires a road and who intends to cease maintaining it must

 Section 23 BEFORE re-enacted by BC Reg 71/2014, effective July 1, 2014.

Notice — roads located upstream of licensed waterworks intake

23   At least 48 hours before commencing road construction or deactivation within 1 km upstream of a licensed waterworks intake, an owner must notify the holder of a licence for the licensed waterworks intake of the pending construction or deactivation.

 Section 24 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Management of fertilizer near streams

24   (1) An owner must not carry out a broadcast application of fertilizer within a 100 m upslope of a licensed waterworks intake.

(2) An owner must not carry out a broadcast application of fertilizer on an area that is within

(a) 1 000 m upslope of a licensed waterworks intake, and

(b) 10 m of a stream that

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

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

(iii) flows directly into the stream on which the licensed waterworks intake is located.

(3) An owner who carries out a broadcast application of fertilizer containing nitrogen on an area upslope of a licensed waterworks intake must not cause

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

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

(4) An owner must not apply fertilizers by aerial broadcast within 10 m of a fish stream.

 Section 25 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Water quality problems identified by a holder of a licence for a licensed waterworks intake

25   (1) If a holder of a licence for a licensed waterworks 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 private managed forest land,

the holder may notify the owner of the private 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 waterworks intake has reasonable cause to believe that an owner has not complied with subsection (2), the holder may notify the council.

 Section 26 BEFORE re-enacted by BC Reg 71/2014, effective July 1, 2014.

Notification of landslides and debris flows

26   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 has deposited debris or sediment into a class A, B, C, D or E stream.

 Section 27 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Retention of trees adjacent to class A streams

27   (1) An owner carrying out timber harvesting in a cutblock adjacent to a class A stream must, on each side of every 100 m of that stream that is adjacent to the cutblock, retain at least 30 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 30 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 30 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 unless

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

(b) the tree species present on the area to be harvested are not suitable for partial cutting silvicultural systems.

(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 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.

 Section 28 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Retention of trees adjacent to class B streams

28   (1) An owner carrying out timber harvesting activities in a cutblock adjacent to a class B stream must, on each side of every 100 m of that stream that is adjacent to the cutblock, retain at least 25 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 25 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 25 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 unless

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

(b) the tree species present on the area to be harvested are not suitable for partial cutting silvicultural systems.

(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 the stream channel.

 Section 29 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Retention of trees adjacent to class C streams

29   (1) An owner carrying out timber harvesting activities in a cutblock adjacent to a class C stream must, on each side of every 100 m of the stream that is adjacent to the cutblock, retain at least 15 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 15 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 the stream channel.

 Section 30 BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

Retaining non-commercial trees and understory vegetation

30   (1) An owner carrying out a primary forest activity must retain all non-commercial trees and understory vegetation within

(a) 30 m of a class A stream,

(b) 30 m of a class B stream,

(c) 10 m of a class C stream,

(d) 10 m of a class D stream, and

(e) 10 m of a class E stream.

(2) Despite subsection (1), an owner may

(a) fall and remove non-commercial trees, or

(b) disturb understory vegetation

if the falling and removal of the trees or the disturbance of the vegetation

(c) is necessary to enable the owner to comply with section 31,

(d) is associated with a road constructed under section 16 or 17,

(e) is associated with a logging trail constructed under section 17, or

(f) will not cause a material adverse effect on fish habitat or water that is diverted by a licensed waterworks intake.

 Section 31 (3) and (4) BEFORE amended by BC Reg 71/2014, effective July 1, 2014.

(3) If all or part of private managed forest land becomes a disturbed area after the area becomes an owner's land, the owner must reforest the disturbed area by

(a) restocking the disturbed area within 5 years of the completion of timber harvesting activity on the cutblock, or the date the timber was destroyed, as applicable, and

(b) establishing a successfully regenerated stand on the disturbed area within 15 years of the completion of timber harvesting activity on the cutblock, or the date the timber was destroyed, as applicable.

(4) Subject to subsection (5), if all or part of private managed forest land became a disturbed area before the area became an owner's land, the owner must reforest the disturbed 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.

 Section 31 (3) (part) BEFORE amended by BC Reg 55/2019, effective July 1, 2019.

(3) If all or part of private managed forest land becomes a disturbed area after the area becomes an owner's land, the owner or a contractor, employee or agent of the owner must reforest the disturbed area by

 Section 31 (4) and (5) BEFORE repealed by BC Reg 55/2019, effective July 1, 2019.

(4) Subject to subsection (5), if all or part of private managed forest land became a disturbed area before the area became an owner's land, the owner or a contractor, employee or agent of the owner must reforest the disturbed 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.

(5) If, in relation to a disturbed area, the council determines that

(a) the present owner is a corporation,

(b) the previous owner is a corporation and was the owner of the area when the area became a disturbed area, and

(c) the present owner is

(i) a subsidiary of the previous owner, or

(ii) has control of the previous owner,

the council may order that the present owner reforest the disturbed area in accordance with subsection (3).