FOREST LAND USE PLANNING

The past decade has been a time of significant change for forestry and land use in British Columbia. The provincial government’s land use strategy has brought hundreds of British Columbians to planning tables (participatory, multi-stakeholder land use planning teams) in an effort to reconcile diverse interests and try to find ways to manage natural resources in a manner that will ensure that a wide range of values and interests are met. These efforts are ongoing — some land use plans have been approved and are in various phases of implementation; numerous land and resource management plans are under discussion; and, some regions of the province are just beginning land use planning processes.

At the same time as these efforts are under way, the provincial government has passed and amended legislation, regulations and policies respecting forest practices. Many of these have a direct bearing on land use plans. The Forest Practices Code is one of the most recent examples of legislation and policy governing forest resource use.

This Guide to Forest Land Use Planning provides a comprehensive source of information on the laws and policies respecting the use of public forest land in BC. Most land use planning takes place within the framework of these laws and policies. By becoming familiar with them, those of you involved in forest land use planning will better understand the structure, hierarchy and intent of the planning process. An integral part of land use planning is the use of “designations” which explicitly define permissible land use activities within a specific area. The appropriate use of such designations can be a powerful tool with which to achieve certain land use objectives. This Guide explains the full range of land use designation options, and clarifies how these designations can be incorporated into the planning process.

Land use planning is governed by a plethora of laws, regulations, guidebooks, policies and directives, making it impossible to provide an exhaustive guide in a single, usable volume. This Guide will, however, provide you with all the basic information. Through the sources cited for further reference, you will be able to find your way to more detailed information where required.

The information in this Guide is only one piece of a much larger puzzle. The Guide is an explanation of British Columbia’s forest land use planning system as expressed in laws, regulations and guidebooks. It would be incorrect to assume that the land use designations discussed here could be applied to the provincial land base without consideration of the larger context in which land use debates take place in BC. Many factors must be taken into account: among them the forest tenure system, the legal system, First Nations treaty negotiations, provincial government policy and direction over implementation of the Forest Practices Code, international treaties and concern over the loss of ancient forests and endangered species, world markets for BC forest products and the dependence of communities throughout the province on resource extraction. All of these factors have direct consequences on how forest land use planning unfolds throughout our province.

One important context within which forest land use planning takes place is the provincial tenure system. Rights or “tenures” to most of the timber on public land in British Columbia were granted decades ago. Over 80% of the provincial allowable annual cut (AAC) is allocated to large, mainly publicly-traded corporations. There is little opportunity for new entrants into the tenure system because most public timber is considered fully allocated. These historic allocations clearly impact the forest land use debate, and in effect, are the land use decisions we have inherited from times past.

There has been much discussion over the years about reforming the tenure system. Existing tenure holders tend to want more secure and certain rights, while those without tenure want the opportunity to conduct forest management in ways which they feel would sustain community values. In an effort to facilitate smaller scale resource use and strengthen community involvement in forest land use decisions, the provincial Forest Act was amended in mid-1998 to allow for the granting of community forest agreements. To date, ten community forest pilots have been offered, and four finalized. Also, in April 2000, the provincial government’s comprehensive “Forest Policy Review” recommended that new forest agreements move towards area based tenures, rather than guaranteeing volume of timber, and that government aim to allow new players, such as communities, to obtain forest tenure.

Treaty and title negotiations with First Nations are another important context within which land use planning takes place. These negotiations are not discussed in this Guide; however, they will clearly impact resource use as First Nations determine their land use aspirations for any settlement lands in approved treaties. While land claims are under negotiation, government has a legal duty to consult with First Nations about land use activities that may infringe on aboriginal rights. Although this Guide does not focus on aboriginal rights, it may be useful to First Nations who are reviewing operational plans in the course of consultations on forest management. Depending on the terms negotiated in treaties, the land use designations and other aspects of this Guide may remain relevant to settlement lands where provincial laws of general application will continue to apply.

Yet another important context for the information in this Guide is the direction the provincial government has given its agencies for land use planning and implementation of the Forest Practices Code. For example, the government’s Protected Areas Strategy set a target of protecting twelve percent of the provincial land base. Protected areas have been set aside for a variety of uses including nature reserves, scientific research areas, cultural heritage areas, and areas for education, appreciation and recreational activities. No mining, logging, hydro development or oil and gas development is permitted. As the province neared the target twelve percent, many observers were concerned that the government would be reluctant or unwilling to allow more of the protected area designations discussed in the Guide. The government has recently announced that the twelve percent target may be exceeded in certain circumstances.

Likewise, there may be practical and political restrictions on the availability of some land use designations, stemming from the government’s direction to ensure that the rate of logging in the province, or AAC, must not be reduced by more than six percent as a result of implementing the Forest Practices Code. While the intent of this restriction is to limit the economic and job impacts of the Code, many conservationists feel that the rate of logging in the province is itself the overarching problem because it is not sustainable over the long term. Given the combination of historic and current cutting levels, restrictions on AAC impacts, and the discretionary aspects of much of the Code, some feel it cannot deliver a sustainable future for the forest resources of British Columbia. Whether this is correct depends in part on two related factors: first, whether or not planners are able to design land use regimes which assess and address the multiple values which the BC public places on its public land; and second, the willingness of government to approve those plans.

Finally, there is a legal context for the information provided in this Guide. Throughout, there are references to a hierarchy of statutes, regulations and policies, all of which influence forest land use planning to varying degrees. Each level of the hierarchy holds a different level of authority and offers a different opportunity for public consultation and comment. The chart on the following page illustrates the differences among the levels of legal authority.

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