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Landscape Level Reforestation for Areas of Catastrophic Disturbance

Last updated on July 30, 2024

Amendments to the Forest and Range Practices Act (FRPA) and Forest Planning and Practices Regulation (FPPR), and Woodlot Planning and Practices Regulation (WLPPR) have modernized administration of FRPA s.108 and the provision of Relief or Funding for licensees that have had legal obligations burnt by wildfire.

The Minister may by Order declare an Area of Catastrophic Damage (ACD) and then create a landscape level reforestation plan to facilitate regeneration of the specified area.  This amendment to FPPR restricts funding to wildfire, landslide and flood events and also introduces a time clause requiring licensee to apply for relief or funding within 2 years from the end of the year that the fire initiated.

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Purpose of these amendments

The purpose of these amendments is to:

  • Allow for larger fires to be managed through a landscape approach while still providing for smaller fires (or natural disturbance events) to be managed under the existing legislation on a block by block basis
  • Enable the development of a landscape level plan that can direct investment in reforestation to the high priority sites
  • Enable government to collect unused silviculture appraisal allowance from areas where the licensee has been provided relief of silviculture obligation
  • Enable the minister to impose conditions on the funding provided to bring stands back to the condition they were in before the natural disturbance event

The minister may designate an Area of Catastrophic Damage

In order to develop a more efficient and effective landscape approach to reforestation across the whole fire, the minister may now, by Order, designate one or several fires as an Area of Catastrophic Damage (ACD). This may only be done for an area impacted by wildfire or a prescribed natural event which the Regulation now defines as a landslide or flood. As part of this order the minister may now grant relief from an obligation to licensees and may impose conditions in relation to that relief and they may exercise this discretion differently for different persons or locations. This new ability to provide relief up front can be used to simplify the development of a landscape level plan for reforestation.

Plans for Areas of Catastrophic Damage (ACD)

The purpose of creating an ACD is to enable a landscape approach to reforestation in specified areas and to enable the creation of a “reforestation plan”. The Plan will enable identification of priority areas and allow either a) relief of a silviculture obligation or b) the relocation of an obligation to a different site. The landscape level reforestation plan enables funding to be directed to the sites most in need of reforestation in collaboration with all licensees and the government funded programs.

Conditions related to funding

In delivering the Section 108 funding under the original site level option or the new landscape approach, the minister may impose a number of conditions.  These conditions will ensure a clear link to the planning of activities, improved agreement holder accountability and an increased level of focus on directing funds to the highest priority locations. The ability for the minister to reclaim funding for conditions not met is also a significant component of the new legislation.

FPPR enabling Regulations

The only repeal of note in the amendment has been the removal of Dothistroma needle blight from the “event causing damage” list and thus effectively restricting S.108 claims to wildfire, landslides or floods. The regulation then updates the criteria required to make an application for relief or funding with both the existing S.108 process and within the new area of catastrophic damage.

Amended sections of the Forest and Range Practices Act, Forest Planning and Practices Regulations and Woodlot Planning and Practices Regulation

Repealed:

  • FRPA 108 (7)
  • FPPR 96 (1.1) (b) (removing Dothistroma as an event causing damage)
  • WLPPR 83 (1.1) (b) (removing Dothistroma as an event causing damage)

Amended:

  • FPPR 96 (2) and (3) (b) & (c) (updates process for applying)
  • WLPPR 83 (2) and (3) (b) & (c) (updates process for applying)
  • FRPA 108 (1) & (2) (updates language confirming what relief or funding relates to)

Added:

  • FPPR 96.1 (application submission)
  • WLPPR 83.1 (application submission)
  • FRPA 108 (0.1) (application)
  • FRPA 108 (4.1), (4.2) & (4.3) (conditions on payment; changed circumstances)
  • FRPA 108 (8) (conditions on relief)
  • FRPA 108.1 (funding for road deactivation)  
  • FRPA 108.2 (creation of an area of catastrophic disturbance)
  • FRPA 108.3 (providing relief or funding for an area of catastrophic damage)
  • FRPA 108.4 (plans for areas of catastrophic damage)
  • FRPA 108.5 (conditions in relation to funding)
  • FRPA 108.6 (payment of monies into the Silviculture Payments Sub-account)

Resources for Forest Practitioners

Contact information

Email
EngageFRPA@gov.bc.ca