WHEREAS local governments lack the authority to regulate nuisances such as noise on private managed forest lands; AND WHEREAS local governments are the first point of contact for residents impacted by nuisances on private managed forest land within the urban interface: THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities urge the provincial government and the Private Managed Forest Land Council to provide local government the authority to regulate nuisances such as noise on private managed forest lands within the urban interface.
MINISTRY OF AGRICULTURE LANDS Section 21 of the Private Managed Forest Land Act PMFLA constrains local governments from adopting a bylaw or issuing a permit that would have the effect of directly or indirectly restricting forest management activity. Private forest operators must adhere to local bylaws that came into force prior to land entering the managed forest program. Forestry activities may potentially involve noisy equipment and machinery. Land owners may need to run the machinery long hours over limited days of duration in order to keep operations financially viable. Requiring private managed forest land owners to adhere to noise bylaws could significantly affect the economics of forestry activities. Many of British Columbias private forest lands have been used for forestry for a very long time. It is important to recognize and respect this historic use of land, particularly as residential areas expand into proximity with lands used for industrial purposes. At the same time, it is important for owners of private managed forest land to be sensitive to community concerns about noise, and accommodate such concerns where feasible.
Private Managed Forest Land Council The Private Managed Forest Land Act the Act establishes forest management objectives for water quality, fish habitat, soil conservation, critical wildlife habitat, and reforestation on private managed forest land. Under the Act, the Council is empowered to make regulations respecting each of these forest management objectives except for critical wildlife habitat. The Council is not permitted to make regulations for matters not specifically set out in the Act. Accordingly the Council does not have any jurisdiction respecting the regulation of noise related issues on private managed forest land. The Council understands that noise issues related to timber harvesting periodically occur on private managed forest land. When the Council has become aware of specific complaints respecting noise or other matters not within our jurisdiction, we have encouraged the complainant to contact the owner directly. We also encourage owners to discuss these types of issues with the complainant and to make best efforts to find a solution that is workable for each of the parties.