Transcript
Page 1: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook Table of Contents

Trails and Recreation Facilities Guidebook

September 1995

Authority

Forest Practices Code of British Columbia Act

Section 102

Table of Contents

Introduction

Activities that DO NOT require consent of the district manager

Activities that DO require consent of the district manager

Preparing a proposal

Forest Service processing of a proposal

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/trailtoc.htm (1 of 2) [2/7/2003 11:14:58 AM]

Page 2: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook Table of Contents

The district manager’s determination

Review and appeal of a district manager’s determination

Enforcement of unauthorized activities

References

Glossary

Appendices

Appendix 1. Map and directory of forest regions and districts Appendix 2. Trails and Recreation Facilities: standard proposal form

[Return to top of document]

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/trailtoc.htm (2 of 2) [2/7/2003 11:14:58 AM]

Page 3: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Introduction

[Trails and Recreation Facilities Guidebook Table of Contents]

Introduction

The purpose of this guidebook is to assist outdoor recreation groups and Forest Service staff in meeting the requirements set out in Section 102, Unauthorized trail or recreation facility construction, of the Forest Practices Code of BC Act (the Act) and Part 3 of the Forest Recreation Regulation. It sets out recommended direction for individuals or groups interested in constructing, rehabilitating or maintaining trails or recreation facilities.

This guidebook applies to all provincial Crown land outside of parks. That is, it applies to all forested and non-forested provincial forest lands (about 80% of the province) and other provincial Crown lands such as non-municipal and rural settlements. It does not apply to private lands, national parks and other federal Crown lands, provincial parks and other protected areas, regional parks and municipal lands. If you are in doubt as to the status of an area and whether or not this guidebook applies, please contact the nearest Forest Service office. This guidebook:

● outline and clarifies which activities DO NOT or DO require consent of the district manager ● provides direction on how an applicant should prepare a proposal (for activities that DO require

consent) ● explains what the Forest Service does when it receives a proposal ● identifies the criteria upon which a district manager must base a determination and how that

determination should be communicated to the applicant ● outlines an applicant’s opportunities for review and appeal of a district manager’s determination ● outlines Forest Service enforcement of unauthorized activities (i.e., non-compliance with Section

102).

This guidebook also provides a map and directory of the six forest regions and 43 forest districts (see Appendix 1), and a standard proposal form (see Appendix 2).

Section 102 was established on the grounds of fairness and consistency in regulating all forest practices and the need for this authority to ensure public safety, protect the environment and manage resource use conflicts. Section 102 was designed to encourage a more planned approach to trail and recreation facility construction, rehabilitation and maintenance on provincial Crown land. It assists Forest Service staff in carrying out this intent by providing them with enforcement authority.

[Return to top of document]

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/intro.htm (1 of 2) [2/7/2003 11:15:01 AM]

Page 4: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Introduction

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/intro.htm (2 of 2) [2/7/2003 11:15:01 AM]

Page 5: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 1

[Trails and Recreation Facilities Guidebook Table of Contents]

Activities that DO NOT require consent of the district manager

Section 102 DOES NOT apply to basic public access or basic recreational use of Crown land. The following activities ARE NOT considered to be trail or recreation facility construction, rehabilitation or maintenance and DO NOT require the consent of the district manager before the activity may begin:

● Basic access or travel through the forest or across the land, by individuals or groups, whether on a one-time basis or repetitive use of the same route. For example: hiking on Crown land and the normal ground disturbance associated with this activity.

● Route finding or route marking using ribbons, cairns or other directional indicators. For example: marking one’s way with cairns in an alpine area or with ribbons in a forest.

Note: the standard practice of nailing route markers to trees is an allowable practice and is not considered tree spiking under Section 103 of the Act (Tree Spiking Prohibited).

● Minor, piecemeal or incidental clearing of brush or downed trees either on or off established trails. For example: bushwhacking, or clearing branches or deadfall that have fallen across an established path or trail.

● Emergency repairs to a trail or recreation facility that are necessary to prevent imminent damage to the environment, the trail or the facility. For example: repairing a water bar on a section of trail where flooding is occurring and immediate repair is needed.

● Emergency construction or maintenance of a trail when this is the only reasonable way of minimizing risk to personal safety. For example: placing a log over a stream that is necessary to cross to get out of the woods by dark.

● Basic recreational use of a localized area, by individuals or groups. For example: camping on Crown land and the normal ground disturbance associated with this activity.

● Construction of small, rustic structures of a temporary nature. For example: construction of rock fire rings, latrines, etc.

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/chap1.htm (1 of 6) [2/7/2003 11:15:05 AM]

Page 6: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 1

If you are uncertain whether or not your intended activity requires consent, please contact the nearest Forest Service office (see Appendix 1), or use the toll-free Enquiry BC line: (1-800-663-7867).

If your intended activity does not require consent, please proceed and enjoy yourself. Feel free to contact the nearest Forest Service office for information on public recreation opportunities, outdoor recreation etiquette or other assistance.

Activities that DO require consent of the district manager

Section 102 DOES apply to “trails” and “recreation facilities” as these terms would reasonably be interpreted and understood. The following activities ARE considered trail or recreation facility construction, rehabilitation or maintenance and DO require the consent of the district manager before the activity may begin:

● ground disturbance - significant, continuous grubbing of the soil or rocks along a linear route to establish a visible, long-lasting treadway - significant ground excavation for the purpose of parking vehicles, launching boats, etc. - significant ground or root disturbance associated with corralling horses.

● clearing or cutting of vegetation - significant, continuous uprooting of shrubs or understorey plants along a linear route or over an extended area - cutting of standing trees.

● construction of structures - water bars, stairs, bridges, signs, corrals, poles for hanging game, etc. - other significant structures of a long-term or permanent nature.

Some other related activities that may be restricted or prohibited, but NOT under Section 102 are:

● uses within parks and other protected areas (see BC Parks) ● restricted or prohibited public recreation uses of Crown land, and recreation and non-recreation

activities that threaten a protected recreation resource (see Section 105 of the Act) ● recreation activities authorized under other enactments, for example commercial backcountry

recreation (see B.C. Lands’ interim commercial backcountry recreation policy) ● guiding, hunting, trapping or fishing, for example vehicle closures under the Wildlife Act (see BC

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/chap1.htm (2 of 6) [2/7/2003 11:15:05 AM]

Page 7: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 1

Environment) ● construction or occupation of a building, including lodges, cabins and huts (see Section 99 of the

Act and Section 56 of the Land Act) ● construction or modification of a road (see Section 58 of the Act) ● building of an excavated or bladed trail (see Section 68 of the Act) ● cutting of Crown timber (see Section 96 of the Act).

Preparing a proposal

Individuals or groups planning to construct, rehabilitate or maintain a trail or recreation facility must prepare a written proposal and submit it to the district manager of the appropriate forest district. If the proposed activity crosses forest district boundaries, the proposal should be submitted to the district manager of the forest district in which the largest portion of the proposed activity would take place, who will contact the adjacent districts on your behalf.

Before you begin a proposal please consider if the intended activity or facility is of a “commercial” or “exclusive” nature. As currently set out in a protocol agreement between the Forest Service and B.C. Lands:

● “commercial” means there is a “mandatory fee for use” ● “exclusive” means there is a membership requirement for use or a facility is locked with no key

available to the public”.

In these cases, please contact B.C. Lands about their requirements under various authorities, including their interim commercial backcountry recreation policy.

A standard proposal form (see Appendix 2) is included to assist an applicant in preparing a proposal. The proposal should include:

1. The name and address of the individual or group making the proposal.

For example: ABC Nordic Ski Club, Box 555, Snow Valley, B.C., V1A 1A2 Contact person: Sally Skier, phone: 365-5555

2. The overall purpose of the proposed trail or recreation facility.

For example: The overall purpose of the proposal is to open up a new area for public recreation opportunities. The trails and/or facilities established will be of a non-commercial, non-exclusive nature.

3. A brief description of the proposed work.

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/chap1.htm (3 of 6) [2/7/2003 11:15:05 AM]

Page 8: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 1

For example: Work will consist of constructing 15 km of cross-country ski trails. Existing, abandoned roads will be used for about 10 km, and new trails will be constructed for the remaining five km.

4. The location of the proposed work.

The most efficient way of establishing the location of the proposed work may depend upon whether the work is on an existing trail or facility, and on how well known the trail or facility is to the Forest Service. Proposals, therefore, can generally be broken into three categories as follows:

Established, status trail or recreation facility

If a trail or recreation facility is established and has undergone statusing (i.e., has been located, checked for interests, and entered in Forest Service records), then simply providing the name of the trail or facility may be sufficient to convey its location. The forest district office may be contacted to find out the extent to which the Forest Service knows about a trail or facility and has noted it in their records.

For example: The Alamo Recreation Trail as noted in Forest Service records.

Established, non-status trail or recreation facility

If a trail or recreation facility is established but has not undergone statusing and is not otherwise in Forest Service records, a map and brief description will likely be required to convey its location. The forest district office may be contacted for information and suggestions.

For example: The Ladybird Creek Trail is located on the west side of Ladybird Creek, commencing at the junction of Koch Creek and Ladybird Creek Forest Service roads to kilometre 16 on the Ladybird Creek Forest Service Road (map included).

New trail or recreation facility

If a trail or recreation facility is not established, a more detailed map and description will likely be required to convey an intended location. The forest district office may be contacted for information and suggestions.

5. Expected dates on which the proposed work will begin and finish.

For example: Work is expected to begin in September 1995 and be completed by November 1995.

6. Expected use, including:

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/chap1.htm (4 of 6) [2/7/2003 11:15:05 AM]

Page 9: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 1

❍ the kind of use (i.e., horse use, hiking, snowmobiling, cross-country skiing, motorized, non-motorized, beginner, advanced, general public, etc.)

❍ the season(s) of use (i.e. summer, winter, year round, etc.) ❍ the amount of use (i.e., estimated number of users per season or per year).

For example: The proposed ski trails will be developed at a level suitable for the beginner to intermediate cross-country skier. The trails will also be designed for hiking and horse use in the summer. It is estimated that the trails will receive about 3000 visitor days per year.

7. Standards or other provisions to ensure that the trail or recreation facility will be safe, environmentally sound, and durable, given the purpose and expected use.

Note: The Forest Service has drawings and specifications for a number of structures that are available upon request and may help an applicant in preparing a proposal. Please contact the nearest Forest Service office.

For example: The proposed ski trails will be double laned to handle the expected traffic. They will be routed around the base of the avalanche run-out zone at km 6, and a foot-bridge will be built across the narrow V-shaped gully at km 10.

8. Demonstration of capability and commitment to provide maintenance over the long term. This information is important because the Forest Service may have to close, or take over the management of, a trail or recreation facility in the event that an applicant is unable to follow through. Information about any previous projects or experience may be attached.

For Example: The ABC Nordic Ski Club has worked on many cooperative trail projects with the XYZ forest district and has actively maintained these trails over the five years since they were developed (see information attached).

9. An identification of the actions or assistance being requested of the district manager. For example, a request for one or more of the following:

❍ consent to proceed with the proposal ❍ inclusion of the trail or recreation facility in the Forest Service recreation inventory ❍ establishment of a map notation. This would “flag” and interest in the trail or facility for

consideration in the referral process re-establishment of the trail or recreation facility after timber harvesting or other development activities

❍ cooperative management with the Forest Service of the trail or recreation facility. In this case, the trail or recreation facility would have to meet Forest Service standards

❍ inclusion of the trail or recreation facility on the Forest Service district recreation map. In this case, the trail or recreation facility would have to meet Forest Service standards and be intended and suitable for use by the full range of outdoor recreation users

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/chap1.htm (5 of 6) [2/7/2003 11:15:05 AM]

Page 10: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 1

❍ establishment (“designation”) of the trail or recreation facility as a Forest Service trail or site by the chief forester under Section 6 of the Act. This would require objectives to be set and enable certain regulations to apply

❍ protection of the trail or recreation facility from timber harvesting or other resource development

❍ other Forest Service assistance (e.g., general information, technical advice, equipment, financial assistance, or staff time).

[Return to top of document]

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/chap1.htm (6 of 6) [2/7/2003 11:15:05 AM]

Page 11: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 2

[Trails and Recreation Facilities Guidebook Table of Contents]

Forest Service processing of a proposal

Upon receiving a proposal to construct, rehabilitate, or maintain a trail or recreation facility, the Forest Service has 60 days to respond to the proposal as follows:

1. Review The Forest Service will review the proposal with respect to the requirements in the Act and the Forest Recreation Regulation, and the recommendations in this guidebook. The district manager is required by regulation to notify the applicant “promptly” if the proposal is incomplete. This guidebook recommends that the district manager notify the applicant in all cases within two weeks to confirm whether:

❍ the proposal is complete and processing is underway, or ❍ the proposal is incomplete and processing cannot continue without additional information

or changes to the proposal.

2. Statusing The Forest Service will carry out a status check to look for any conflicts between the proposed work and resource tenure holders, private land owners, or other rights or interests. Given the 60 day maximum time frame, this will normally be limited to a preliminary status check carried out within the forest district office rather than a full status check carried out in consultation with the Forest Service’s resource tenures branch. A full status check would be required, for example, before a trail or recreation facility could be established (“designated”) as a Forest Service trail or site.

3. Referral The Forest Service will refer the proposal to all affected resource agencies and resource users, including other outdoor recreation groups.

4. Evaluation Based on comments received and other information, the Forest Service will evaluate the proposal with respect to the criteria set out in Section 4(5) of the Forest Recreation Regulation. That is, the district manager may refuse to consent to a proposal only if he or she determines that the proposal will result in one or more of the following:

❍ significant risk to public safety ❍ unacceptable damage to the environment ❍ unresolvable conflict with other resource values or uses.

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/CHAP2.HTM (1 of 8) [2/7/2003 11:15:17 AM]

Page 12: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 2

Time required to process

The time required for the Forest Service to process a proposal will normally depend on the nature of the proposal. For example, a straight forward proposal for maintenance of an existing trail could normally be processed within much less than 60 days. However, a complex proposal for construction of a new trail across district boundaries could take the full 60 days. There are three basic categories of proposals, listed here in order of increasing complexity as follows:

● rehabilitation or maintenance of an existing, established, status trail or recreation facility ● rehabilitation or maintenance of an existing, established, non-status trail or recreation facility ● construction of a new trail or recreation facility.

The district manager’s determination

The district manager has up to 60 days from the receipt of a proposal that meets the requirements of the regulation to make a determination. The district manager must notify the applicant “promptly” (recommended two weeks) after making a determination.

The district manager should inform the applicant in writing regarding:

● whether or not the proposal has received consent ● the rationale for the determination ● the name of the review official(s).

The district manager may also wish to inform the applicant that any trail or recreation facility that is constructed, rehabilitated, or maintained under Section 102:

● is a public facility (no exclusivity of use) ● can not be used for commercial purposes (no mandatory fee for use) ● may be signed as a Forest Service site or trail (in accordance with Forest Service signing

standards).

The district manager’s determination will generally fall into one of four basic categories:

1. Consent The proposal is given consent and there are no further conditions or requirements that need to be met.

2. Consent with conditions The proposal is given consent, but there are conditions, warnings or requirements associated with

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/CHAP2.HTM (2 of 8) [2/7/2003 11:15:17 AM]

Page 13: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 2

the consent. For example, the applicant is informed that a more thorough statusing or referral than was able to be carried out in 60 days, if carried out could uncover conflicts that may prevent the project from continuing at that time.

3. Refusal as proposed The proposal is refused at this time or as it stands, but the applicant is informed that the proposal might be given consent under different circumstances or if it were revised. For example, the proposal is for an area that is currently under a local planning study and should be dealt with by that study or postponed until that study is concluded. Or, for example, the proposal fails to address certain safety or environmental issues, but could be revised and resubmitted.

4. Refusal The proposal is refused because it is considered to pose, inherently, one or more of the following, as set out in Section 4(5) of the Forest Recreation Regulation:

❍ significant risk to public safety ❍ unacceptable damage to the environment ❍ unresolvable conflict with other resource values or users.

Response time

The total “response time,” or time between when an applicant mails a written proposal and receives a written response, will be determined by:

● the mailing time of the proposal to the Forest Services office (one or more days) plus ● the time for the district manager to make a determination (up to 60 days) plus ● the time for the district to prepare a written response (“promptly”; recommended within two

weeks) plus ● the mailing time of the response to the applicant (one or more days).

Review and appeal of a district manager’s determination

Note: This section only summarizes and sketches, for reference purposes, the review and appeal provisions regarding Section 102 that are provided for under the Act. This section is neither a complete nor official presentation of this broad and complex subject. For more information on review and appeal, please contact the nearest Forest Service office.

Upon receipt of a district manager’s determination, the applicant may accept the determination and any conditions that may apply. In this case, the applicant may still want to contact the district manager or district recreation staff to discuss the determination or the proposal in order to clarify the determination or

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/CHAP2.HTM (3 of 8) [2/7/2003 11:15:17 AM]

Page 14: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 2

gain information to prepare another proposal.

On the other hand, either the applicant or any other person may not accept the determination. In this case, the Act and regulations provide for a review and appeal process as follows:

Briefly, this process involves:

Administrative review

The applicant (i.e., the person subject to the determination) must prepare a written request for an administrative review and submit it to the review official(s) named in the district manager’s determination within three weeks of receiving the determination. The request should explain why the district manager’s determination is considered unacceptable.

Role of the review official(s)

The review official(s) coordinate an administrative review of the district manager’s determination. The review is conducted by one or more government employees. The review must be conducted in a manner that complies with the requirements set out in the Act and the regulations. It can be based on oral or written information.

The employees conducting the review can confirm, vary, rescind, or cancel the district manager’s determination, make a new determination, or order the district manager to re-assess the original determination.

The employees conducting the review must give the person subject to the determination a written decision within 60 days of receiving their request for a review. They must also provide the Forest Practices Board (FPB) with copies of the written decision.

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/CHAP2.HTM (4 of 8) [2/7/2003 11:15:17 AM]

Page 15: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 2

Review by the Forest Appeals Commission (FAC)

The affected party or the FPB may appeal an administrative review decision to the FAC. The request for an appeal should be sent to the FAC within three weeks of the administrative review decision being made.

Role of the FAC:

On receipt of a request for an appeal, the FAC must give a copy of the request to the ministers, and to the party subject to the determination and to the FPB.

The FAC can request information from all parties including witnesses and Forest Service staff, and can add other parties to the appeal.

The FAC can confirm, vary, rescind, or cancel the determination; make a new determination; or order that the original determination be sent back to the district manager for re-assessment.

The FAC must make a decision regarding the appeal promptly (i.e., there is no specified time period) and give copies of the decision to the ministers and all other parties to the appeal.

Appeal to the courts

The ministers or any party to the appeal can appeal the FAC’s decision to the B.C. Supreme Court of B.C. within three weeks of receiving the decision.

Court appeals are restricted to questions of law and jurisdiction. The court generally does not review findings of fact by the FAC. The Supreme Court does not normally look at the merits of the decision or substitute its own view. It can, however, substitute new decisions where errors of law or jurisdiction have been made.

The Supreme Court’s decision can be appealed to the BC Court of Appeal. However, the Court of Appeal of B.C. has the right to refuse to consider the request for further review.

Investigation by the Forest Practices Board (FPB)

In addition, any person (i.e., the public) who does not accept a district manager’s determination may make a complaint to the FPB.

The FPB will investigate any public complaint in accordance with the regulations. The circumstances in which the board may refuse to investigate or stop investigating include:

● the complainant ought to have known about the matter more that a year before the complaint was

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/CHAP2.HTM (5 of 8) [2/7/2003 11:15:17 AM]

Page 16: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 2

received by the FPB ● there are other existing law or administrative remedies to the matter that are adequate and the

complainant has not used ● the complaint is frivolous, vexatious or trivial ● further investigation is not necessary to consider the complaint ● investigation would not benefit the complainant.

There is no appeal from a refusal to investigate, but a person could apply to the courts for an order requiring the board to investigate.

Role of the FPB:

The independent Forest Practices Board investigates third-party complaints on aspects of the code following a regulated process, and will carry out independent audits and special investigations of both licence holders and government agencies.

Enforcement of unauthorized activities

Note: This section only summarizes and sketches, for reference purposes, the enforcement provisions regarding Section 102 that are provided for under the Act. This section is neither a complete nor official presentation of this broad and complex subject. For more information on enforcement, please contact the nearest Forest Service office.

Experience has shown that information, education, and voluntary compliance are the most effective means of managing recreation activities and enforcing recreation management rules and objectives. This can be expected to be the case with Section 102 and its intent to bring about a more planned approach to trail and recreation facility management in British Columbia.

This section deals with regulatory, as opposed to voluntary, enforcement of Section 102 as set out in the Act and regulations. It outlines the actions an official may take if he or she believes that a person is illegally constructing, rehabilitating, or maintaining a trail or recreation facility on Crown land.

In summary, the actions that may be carried out, either individually or in various combinations, are as follows:

Written warning

If an official believes that a person(s) is contravening Section 102 he or she may inform them through a written notice of the apparent contravention. The notice should contain information pertaining to the alleged contravention, including the name and phone number of the official. Failure to heed the warning may lead to penalties.

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/CHAP2.HTM (6 of 8) [2/7/2003 11:15:17 AM]

Page 17: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 2

Stop work order

If an official believes that a person(s) is contravening Section 102 he or she may order the contravention to stop, or to stop to the extent required for the person(s) to get the required consent. Such a stop work order may or may not name, or apply to, specified persons.

The minister may apply to the courts for an order for compliance if the minister considers that a person(s) is not complying with a stop work order.

Violation ticket (specified penalty ticket)

If an official believes that a person(s) is contravening Section 102, he or she may issue a $100 ticket. The person(s) may appeal the ticket.

Administrative penalty

Administrative penalties have not yet been developed for Section 102.

Remediation order

A senior official may order a person(s) to remedy a contravention of Section 102 by requiring them to repair any damage caused by the contravention.

Such a remediation order must set out all information required by the Act and regulations, including:

● the nature of the contravention ● the nature of the work to be done to remedy the contravention ● the date by which the work must be completed ● the person’s right to a review and appeal, including the title and address of the review official to

whom a request for a review may be made ● the right of the government to carry out the work and levy a penalty if the person fails to comply

with the order.

If the minister considers that a person(s) is not complying with a remediation order made under Section 102, the minister may apply to the Supreme Court for an order directing the person to comply with the order. The court can use discretion to issue a court order that it considers appropriate. Refusal to comply with a court order could result in penalties for contempt of court.

Prosecution

If an official believes that a person(s) is contravening Section 102, he or she may prosecute. A person(s)

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/CHAP2.HTM (7 of 8) [2/7/2003 11:15:17 AM]

Page 18: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Chapter 2

prosecuted by the Crown for contravening Section 102 would (at the discretion of a judge, not an official) be subject to a penalty of up to $5,000 in fines and six months in jail.

[Return to top of document]

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/CHAP2.HTM (8 of 8) [2/7/2003 11:15:17 AM]

Page 19: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - References

[Trails and Recreation Facilities Guidebook Table of Contents]

References

Ministry of Forests, Recreation Manual, Recreation Branch, 1991.

Ministry of Forests, Outdoor Recreation and the Forest Practices Code of B.C. Recreation Section, March 1995.

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/REF.HTM [2/7/2003 11:15:27 AM]

Page 20: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Glossary

[Trails and Recreation Facilities Guidebook Table of Contents]

Glossary

“determination” means any act, omission, decision, procedure, levy, order, or other determination made under the Act, or the regulations by an official or a senior official.

“establishment (designation)” means the legal definition of an area over which a map notation applies, and the public notification (via a notice in the British Columbia Gazette) of the approval of the map notation.

“facility” means any area or portion of a recreation site, recreation trail ,or interpretive forest site that serves as or provides for a day use area, boat launch area, trail head, or other similar functions.

“Forest Service map notation” means a Forest Service administrative label or “flag” that is placed on Forest Service maps and records to indicate an interest in an area (in this case, interest in managing an area primarily for its recreation values).

“minister” means the Minister of Forests, the Minister of Environment, Lands and Parks or Minister of Energy, Mines and Petroleum Resources (effective March 1996 - now Ministry of Employment and Investment - Energy and Minerals Division).

“official” means a designated forest official; a designated environment official; or a designated energy, mines, and petroleum resources official.

“Forest Service recreation site” means a recreation site established under Section 6 of the Act or designated under the Forest Act before the coming into force of the Act.

“Forest Service recreation trail” means a recreation trail established under Section 6 of the Act or designated under the Forest Act before the coming into force of the Act.

“senior official” means:

● a district manager or regional manager ● a person employed in a senior position in the Ministry of Forests, who is designated by name or

title to be a senior official for the purposes of the Act by the minister of that ministry ● a person employed in a senior position in the Ministry of Environment, Lands and Parks, who is

designated by name or title to be a senior official for the purposes of the Act by the minister of that ministry

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/GLOSS.HTM (1 of 2) [2/7/2003 11:15:31 AM]

Page 21: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Glossary

● a person employed in a senior position in the Ministry of Energy, Mines and Petroleum Resources (effective March 1996 - now Ministry of Employment and Investment - Energy and Minerals Division) , who is designated by name or title to be a senior official for the purposes of the Act by the minister of that ministry.

“standards” means “Code standards” (in the preface of this document) and “structure standards” (elsewhere throughout this document). “Code standards” are standards that may be established by the chief forester under Section 8 of the Act. “Structure standards” are the engineering drawings set out in the ministry’s Recreation Manual and elsewhere as the recommended design and construction specifications for recreation structures.

“statusing” means the process of determining rights, titles, or interests in a particular area or parcel of land by searching records, maps, and other documents for jurisdictions, tenures, or expressed interests by other agencies or parties in the area in question. Statusing, therefore, means “checking the status of” an area with respect to existing reports, titles, or interests. See also “status trail or recreation facility”.

“status trail or recreation facility” means a trail or facility that has undergone statusing and is recorded as such in Forest Service records. See also “statusing”.

“structure” means any improvement of a long-term or permanent nature that is fixed to the ground or permanently secured in a fixed location and includes cabins, bridges, litter barrels, shelters, signs, corrals, etc.

[Return to top of document]

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/GLOSS.HTM (2 of 2) [2/7/2003 11:15:31 AM]

Page 22: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

[Trails and Recreation Facilities Guidebook Table of Contents]

Appendix 1

Map of forest regions and districts

Directory of forest regions and districts

Cariboo Forest Region (Williams Lake)

540 Borland Street, Williams Lake, B.C., V2G 1R8 Ph: 398-4345 Fax: 398-4380

100 Mile House Forest District P.O. Box 129, 300 South Cariboo Highway, 100 Mile House, B.C., V0K 2E0 Ph: 395-7800 Fax: 395-5586

Chilcotin Forest District (Alexis Creek) P.O. Box 65, Stum Lake Road, Alexis Creek, B.C., V0L 1A0 Ph: 394-4700 Fax: 394-4515

Horsefly Forest District Box 69, Horsefly Lake Road, Horsefly, B.C., V0L 1L0 Ph: 620-3200 Fax: 620-3540

Quesnel Forest District 322 Johnston Avenue, Quesnel, B.C., V2J 3M5 Ph: 992-4400 Fax: 992-4403

Williams Lake Forest District 925 North 2nd Avenue,

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1.htm (1 of 7) [2/7/2003 11:15:36 AM]

Page 23: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

Williams Lake, B.C., V2G 4P7 Ph: 398-4341 Fax: 398-4342

Kamloops Forest Region

515 Columbia Street, Kamloops, B.C., V2C 2T7 Ph: 828-4131 Fax: 828-4154

Clearwater Forest District P.O. Box 4501, R.R.#2, Yellowhead Highway #5, Clearwater, B.C., V0E 1N0 Ph: 587-6700 Fax: 587-6790

Kamloops Forest District 1265 Dalhousie Drive, Kamloops, B.C., V2C 5Z5 Ph: 371-6500 Fax: 828-4627

Lillooet Forest District Bag 700, 650 Industrial Place, Lillooet, B.C., V0K 1V0 Ph: 256-1200 Fax: 256-1290

Merritt Forest District Bag 4400, Highway 5 A and Airport Rd. Merritt, B.C., V0K 2B0 Ph: 378-8400 Fax: 378-8481

Penticton Forest District 102 Industrial Place, Penticton, B.C., V2A 7C8 Ph: 490-2200 Fax: 492-1283

Salmon Arm Forest District Bag 100, 2780-10th Avenue NE Salmon Arm, B.C., V1E 4S4 Ph: 832-1401 Fax: 832-1696

Vernon Forest District 2501-14th Avenue,

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1.htm (2 of 7) [2/7/2003 11:15:36 AM]

Page 24: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

Vernon, B.C., V1T 8Z1 Ph: 558-1700 Fax: 549-5485

Nelson Forest Region

518 Lake Street, Nelson, B.C., V1L 4C6 Ph: 354-6200 Fax: 354-6250

Arrow Forest District (Castlegar) 845 Columbia Avenue, Castlegar, B.C., V1N 1H3 Ph: 365-8600 Fax: 365-8568

Boundary Forest District (Grand Forks) P.O. Box 2650, 136 Sagamore Avenue Grand Forks, B.C., V0H 1H0 Ph: 442-5411 Fax: 442-5468

Cranbrook Forest District 1902 Theatre Road, Cranbrook, B.C., V1C 4H4 Ph: 426-1700 Fax: 426-1449

Golden Forest District P.O. Box 1380, 600 9th Street North, Golden, B.C., V0A 1H0 Ph: 344-7500 Fax: 344-7501

Invermere Forest District Box 189, 625 4th Street Invermere, B.C., V0A 1K0 Ph: 342-4200 Fax: 342-4247

Kootenay Lake Forest District (Nelson) R.R.#1, 1907 Ridgewood Road, Nelson, B.C.,V1L 5P4 Ph: 825-1100 Fax: 354-6290

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1.htm (3 of 7) [2/7/2003 11:15:36 AM]

Page 25: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

Revelstoke Forest District Box 9158, RPO #3, 1761 Big Eddy Road Revelstoke, B.C., V0E 3K0 Ph: 837-7611 Fax: 837-7626

Prince Rupert Forest Region

Bag 5000, 3726 Alfred Avenue, Smithers, B.C., V0J 2N0 Ph: 847-7500 Fax: 847-7217

Bulkley Forest District (Smithers) Bag Service 6000, 3333 Tatlow Road, Smithers, B.C., V0J 2N0 Ph: 847-6300 Fax: 847-6353

Cassiar Forest District (Dease Lake) Stikine and Commercial, General Delivery Dease Lake, B.C., V0C 1L0 Ph: 771-4211 Fax: 771-5700

Kalum Forest District (Terrace) Room 200, 5220 Keith Avenue, Terrace, B.C., V8G 1L1 Ph: 638-5100 Fax: 638-3437

Kispiox Forest District (Hazelton) Box 215, West Highway 62, Hazelton, B.C., V0J 1Y0 Ph: 842-7600 Fax: 842-7676

Lakes Forest District (Burns Lake) Box 269, 185 Yellowhead Highway, Burns Lake, B.C., V0J 1E0 Ph: 692-2200 Fax: 692-7461

Morice Forest District

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1.htm (4 of 7) [2/7/2003 11:15:36 AM]

Page 26: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

(Houston) Bag 2000, 2430 Butler Avenue, Houston, B.C., V0J 1Z0 Ph: 845-6200 Fax: 845-6276

North Coast Forest District (Prince Rupert) 125 Market Place, Prince Rupert, B.C., V8J 1B9 Ph: 627-0460 Fax: 627-0479

Prince George Forest Region

1011 - 4th Avenue, Prince George, B.C., V2L 3H9 Ph: 565-6100 Fax: 565-6671

Dawson Creek Forest District 9000 - 17th Street, Dawson Creek, B.C., V1G 4A4 Ph: 784-1200 Fax: 784-2356

Fort Nelson Forest District R.R.#1, Mile 301, Alaska Highway, Fort Nelson, B.C., V0C 1R0 Ph: 774-3936 Fax: 774-3704

Fort St. James Forest District P.O. Box 100, Stones Bay Road, Fort St. James, B.C., V0J 1P0 Ph: 996-5200 Fax: 996-5290

Fort St. John Forest District 8808 72nd Street, Fort St. John, B.C., V1J 6M2 Ph: 787-5600 Fax: 787-5610

Mackenzie Forest District Bag 5000, 1 Cicada Road, Mackenzie, B.C., V0J 2C0 Ph: 997-2200 Fax: 997-2236

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1.htm (5 of 7) [2/7/2003 11:15:36 AM]

Page 27: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

Prince George Forest District 2000 South Ospika Blvd., Prince George, B.C., V2N 4W5 Ph: 565-7100 Fax: 565-6771

Robson Valley Forest District (McBride) P.O. Box 40, 380 Highway 16 West, McBride, B.C., V0J 2E0 Ph: 569-3700 Fax: 569-3738

Vanderhoof Forest District P.O. Box 190, 1522 Highway 16, Vanderhoof, B.C., V0J 3A0 Ph: 567-6363 Fax: 565-6370

Vancouver Forest Region (Nanaimo)

2100 Labieux Road, Nanaimo, B.C., V9T 6E9 Ph: 751-7001 Fax: 751-7190

Campbell River Forest District 370 S. Dogwood Street, Campbell River, B.C., V9W 6Y7 Ph: 286-9300 Fax: 286-9490

Chilliwack Forest District (Rosedale) P.O. Box 159, 9850 South McGrath Road Rosedale, B.C., V0X 1X0 Ph: 794-2100 Fax: 794-2111

Duncan Forest District 7233 Trans-Canada Highway mailing address: 5785 Duncan Street, V9L 5G2 Ph: 746-2700 Fax: 746-2790

Mid-Coast Forest District (Hagensborg) P.O. Box 190 Sawmill Road,

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1.htm (6 of 7) [2/7/2003 11:15:36 AM]

Page 28: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

Hagensborg, B.C., V0T 1H0 Ph: 982-2000 Fax: 982-2090

Port Alberni Forest District 4227 6th Avenue, Port Alberni, B.C., V9Y 4N1 Ph: 724-9205 Fax: 724-9261

Port McNeill Forest District P.O. Box 7000, 2291 Mine Road Place, Port McNeill, B.C., V0N 2R0 Ph: 956-5000 Fax: 956-5005

Queen Charlotte Islands Forest District P.O. Box 39, 1229 Cemetary Road, Queen Charlotte City, B.C., V0T 1S0 Ph: 559-8447 Fax: 559-8342

Squamish Forest District 42000 Loggers Lane, Squamish, B.C., V0N 3G0 Ph: 898-2100 Fax: 898-2191

Sunshine Coast Forest District (Powell River) 7077 Duncan Street, Powell River, B.C., V8A 1W1 Ph: 485-0700 Fax: 485-0799

[Return to top of document]

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1.htm (7 of 7) [2/7/2003 11:15:36 AM]

Page 29: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

[Trails and Recreation Facilities Guidebook Table of Contents]

Appendix 1

Map of forest regions and districts

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1a.htm (1 of 2) [2/7/2003 11:15:39 AM]

Page 30: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook - Appendix 1

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app1a.htm (2 of 2) [2/7/2003 11:15:39 AM]

Page 31: Trails and Recreation Facilities Guidebook · Trails and Recreation Facilities Guidebook Table of Contents Trails and Recreation Facilities Guidebook September 1995 Authority Forest

Trails and Recreation Facilities Guidebook

[Trails and Recreation Facilities Guidebook Table of Contents]

Appendix 2

[Return to top of document][Continue]

http://www.for.gov.bc.ca/tasb/legsregs/fpc/fpcguide/trail/app2.htm [2/7/2003 11:16:00 AM]


Recommended