Private Unmanaged Forest Land

Year
2019
Number
B38
Sponsor(s)
Central Kootenay RD

Whereas the BC Government enacted the Private Land Forest Practices Regulation to set out forest management requirements for identified lands; And whereas not all private forest land owners subscribe to the Managed Private Forest Land Program and as a result are able to engage in large scale timber harvesting without regulation to the detriment of adjacent land owners, communities and the natural environment: Therefore be it resolved that UBCM request the Ministry of Forests, Lands, Natural Resource Operations enact legislation requiring private forest land owners to enroll in the Managed Private Forest Land Program prior to issuing a timber mark to private forest land owners; And be it further resolved that the Ministry of Municipal Affairs and Housing strengthen Development Permit Area legislation to allow Regional Districts the ability, similar to municipalities, to excel tree cutting bylaws to mitigate the impact of private land large scale timber harvesting on fish habitat, public safety and local government infrastructure.

Provincial Response

Ministry of Forests, Lands, Natural Resource Operations, and Rural Development All private landowners, regardless of property class, are subject to the Water Sustainability Act, Drinking Water Protection Act, Environmental Management Act, Wildlife Act, Wildfire Act, Assessment Act, Heritage Conservation Act, and federal acts such as the Fisheries Act, Migratory Birds Convention Act and Species at Risk Act. However, in exchange for their commitment to long-term, sustainable management practices and agreeing to be regulated for additional public environmental values, including soil conservation, critical wildlife habitat, fish habitat, drinking water quality and reforestation, property owners that commit to the voluntary Private Managed Forest Land program receive assessed values for land that are generally lower than residential, which can result in lower property taxes. They are exempt from local government bylaws and permits that would directly or indirectly restrict a forest management activity. That said, local governments have the power to adopt bylaws that place restrictions on forest management activities on private unmanaged land within regional or municipal boundaries, including aligning their bylaws with requirements equivalent to Crown forest land regulations. Public feedback from a review of the private managed forest land program is currently being analyzed and a summary report of the review will be ready in spring 2020. Early analysis has indicated that growing enrolment in the private managed forest land program and improving incentives to help retain landowners in the program are areas to be addressed. Ministry of Municipal Affairs and Housing Under the Local Government Act LGA, local governments have the power to adopt bylaws that place restrictions on forest management activities on private unmanaged land within regional boundaries, including aligning their bylaws with requirements equivalent to Crown forest land regulations. Regional districts can use development permit powers and tree cutting permits to limit the cutting of trees related to environmental protection and hazard protection issues. Municipalities have the same LGA development permit powers, but under the Community Charter, they have broader powers to regulate, prohibit and impose additional requirements related to trees. For example, some municipal tree protection bylaws require protection, removal, replanting and replacement of trees. The consideration of expanding regional districts powers to regulate tree cutting in rural areas designated for urban expansion, should be balanced with support for working forests on private and Crown land. The Ministry recognizes that regional districts can face unique challenges that may require customized solutions. Given the complexity of the issue and that the issue of tree protection is of particular interest to some regional districts, the Ministry will continue to monitor issues as they arise.

Convention Decision
Endorsed