BACKGROUNDER FOR CHANGES TO THE PROCESS FOR ISSUANCE OF ROAD USE PERMITS

June 13, 2003

The road use permit (FS 102) process has been revised to reflect legislation changes for industrial use of Forest Service roads. The revisions also introduce some expected changes to business practices to facilitate how clients will make submissions in the near future, and also how districts will track road use permits.

Forest Practices Code transition requirements and moving towards the Forest and Range Practices Act.

  • Industrial users of Forest Service roads continue to require a road use permit, or an exemption, issued by the district manager.
  • Once a road is constructed, road maintenance includes any activities (routine, upgrading, structural repair or replacement, etc.) carried out until a forest service road is deactivated (permanent). The road use permit holder selected by the district manager as being required to maintain the road is authorised to carry out all maintenance works. In the case of stream structure replacement; building a bridge, or installing a major culvert or fish stream culvert, the district manager must be notified and may specify conditions.
  • Amendments to the Forest Road Regulation (expected by August 1, 2003) will no longer require road use permits for secondary users on a road permit road. If such a situation arises in the meantime, use the previous version of the road use permit application form and document.
  • All industrial users are required by legislation to notify the user responsible for maintenance (as determined by the district manager) and contribute to the cost of maintenance. Entering into an agreement is not a condition of receiving a road use permit. Any disputes between road users for maintenance can be resolved by a third party or through a more formal process, such as the Commercial Arbitration Act. The district manager is no longer named in legislation as being responsible for resolving road maintenance disputes, though the district manager may still provide that service in individual cases, if all parties agree.

Client Submissions and District Processing of road use permits

  • A map continues to be acceptable for identifying the roads applied for, but to facilitate electronic submissions, which will be common soon, it is suggested that the licencee prepare the Schedule A as part of their application (FS 109).
  • The electronically submitted Schedule A would then be reviewed by the district for completeness and to determine either; a) if the applicant is required to carry out maintenance, or b) enter the name and telephone number of the road use permit holder that is responsible for maintenance.
  • If the roads needed by a licencee change from time to time, the permittee should be responsible for submitting a revised Schedule A, which the district would then review, and determine again who is responsible for maintenance in the case of multiple or changing users.
  • In an attempt to streamline the RUP administration process, it is becoming common for districts to issue one road use permit per licence, covering the entire district, rather than using individual permits for each road or drainage.
  • When issuing one road use permit per licensee, it is suggested the permit could be filed in a central location. A standard file number for road use permits is currently being considered. More information will be forwarded when it becomes available.
  • BCTS clients utilising FSRs for their industrial operations will require road use permits issued and administered by the districts. To ensure accuracy of permit information and minimise delays to clients, BC Timber Sales and district staff will have to work co-operatively. BC Timber Sales’ staff may consider preparing the Schedule A on behalf of the Timber Sales Licence holder.

District tracking of Road Use Permits

  • The Forest Road Management Application (FRMA) is now operational in many districts and continues to be refined to address the various business needs for managing roads.
  • Improvements to FRMA will make it the appropriate tool for a district to assist in tracking road use permits issued over FSRs, including who is required to carry out maintenance

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FS102p.doc, HEG 2003/06/13