Covenants and Emergencies

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Covenants and Covenants and Emergencies Emergencies The Effect of the Galiano The Effect of the Galiano Fire on the Heritage Fire on the Heritage Forest Covenant Forest Covenant

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Covenants and Emergencies. The Effect of the Galiano Fire on the Heritage Forest Covenant. Background. Heritage Forest Established by bylaw in 2000 due to pressure to develop forest lands Landowners donate to heritage forest in exchange for increased density - PowerPoint PPT Presentation

Transcript of Covenants and Emergencies

Page 1: Covenants and Emergencies

Covenants and Covenants and EmergenciesEmergenciesThe Effect of the Galiano Fire The Effect of the Galiano Fire

on the Heritage Forest on the Heritage Forest CovenantCovenant

Page 2: Covenants and Emergencies

BackgroundBackground

Heritage ForestHeritage Forest

Established by bylaw in 2000 due to Established by bylaw in 2000 due to pressure to develop forest landspressure to develop forest lands

Landowners donate to heritage forest in Landowners donate to heritage forest in exchange for increased densityexchange for increased density

Land donated to a community Land donated to a community organization and covenanted for organization and covenanted for sustainable forestrysustainable forestry– Owner: Galiano ClubOwner: Galiano Club– Covenantees: Galiano Conservancy & HATCovenantees: Galiano Conservancy & HAT

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Unique CovenantUnique Covenant

Working covenant: Allows for forestryWorking covenant: Allows for forestry Good area for community recreationGood area for community recreation Allows for affordable housing useAllows for affordable housing use Land not pristineLand not pristine

– Heavily logged in several passesHeavily logged in several passes– Restoration / forest management Restoration / forest management

requiredrequired

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Before Before the Firethe Fire

CovenantCovenant• Registered Dec 2005 Registered Dec 2005 (8 months before fire)(8 months before fire)

BaselineBaseline• Completed July 2006 Completed July 2006

(weeks before fire)(weeks before fire)

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BaselineBaseline• Land is heavily logged

• Existing forest is 3rd

growth

• Small patches of mature forest

• 2 streams

• Georgia Strait shoreline

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July 23, 2006 fire July 23, 2006 fire startedstarted

High winds allowed High winds allowed fire to grow/spreadfire to grow/spread

Local volunteer fire Local volunteer fire departments could departments could not contain the not contain the blazeblaze

BC Forest Service BC Forest Service called incalled in

Fire! Fire!

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STATE OF EMERGENCY STATE OF EMERGENCY DECLAREDDECLARED

119 local residents 119 local residents evacuatedevacuated

46 firefighters from Coast 46 firefighters from Coast Fire CentreFire Centre

Volunteer firefighters from Volunteer firefighters from Galiano & other islandsGaliano & other islands

2 Mars Water Bombers, 2 Mars Water Bombers, several helicopters brought inseveral helicopters brought in

Emergency!

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““State of Emergency”State of Emergency”

Emergency:Emergency:

““A present or imminent event or circumstance A present or imminent event or circumstance thatthat

(a)(a) is caused by accident, fire, explosion, is caused by accident, fire, explosion, technical failure or by the forces of nature, technical failure or by the forces of nature, and and

(b)(b) requires prompt coordination of action or requires prompt coordination of action or special regulation of persons or property to special regulation of persons or property to protect the health, safety or welfare of a protect the health, safety or welfare of a person or to limit damage to property.”person or to limit damage to property.”

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Authority over EmergenciesAuthority over Emergencies

Declared by:Declared by:

Minister Minister

Lieutenant GovernorLieutenant Governor

Local authority (for local Local authority (for local emergencies)emergencies)

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Process of EmergencyProcess of Emergency

Emergency must Emergency must be identifiedbe identified

Details of Details of emergency must emergency must be published or be published or communicatedcommunicated

Emergency expires Emergency expires after 14 daysafter 14 days

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Powers of MinisterPowers of Minister

Under a state of emergency the Minister can:Under a state of emergency the Minister can: Implement an emergency planImplement an emergency plan Acquire or use private land and personal Acquire or use private land and personal

propertyproperty Control travel and evacuate people, Control travel and evacuate people,

animals & propertyanimals & property Demolish or remove trees, structure or Demolish or remove trees, structure or

cropscrops Construct works Construct works Ration suppliesRation supplies

Emergency Program Act [RSBC 1996]Emergency Program Act [RSBC 1996]

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Forest FiresForest Fires

Minister can:Minister can: Declare an Declare an

emergencyemergency Enter onto landEnter onto land Investigate cause Investigate cause

of the fireof the fire Evacuate peopleEvacuate people

Wildfire Act [SBC 2004] Wildfire Act [SBC 2004]

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Forest HealthForest Health

Forest & Range Forest & Range

Practices Act Practices Act

Forest Health Forest Health Emergency Emergency

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After the FireAfter the Fire

30 hectares of 30 hectares of covenant area covenant area burnedburned

Several logging Several logging roads opened by roads opened by firefightersfirefighters

New areas disturbed New areas disturbed to create fireguardsto create fireguards

Damage to Damage to streambedsstreambeds

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Landowner ObligationsLandowner ObligationsOwners ObligationsOwners Obligations

… … Owner is not liable for:Owner is not liable for:

injury or alteration to the Land or the Amenities resulting from injury or alteration to the Land or the Amenities resulting from natural causes or causes beyond the Owner’s reasonable natural causes or causes beyond the Owner’s reasonable control, control, including accidental fire, flood, storm, theft, vandalism, including accidental fire, flood, storm, theft, vandalism, trespass and earth movement unless such injury or alteration trespass and earth movement unless such injury or alteration results or is the consequence of the act of the Owner or any person results or is the consequence of the act of the Owner or any person acting with actual or constructive knowledge of the Owner; oracting with actual or constructive knowledge of the Owner; or

any prudent action taken by the Owner under emergency any prudent action taken by the Owner under emergency conditionsconditions to prevent, abate, or mitigate significant injury to the to prevent, abate, or mitigate significant injury to the Land or the Amenities resulting from natural process, acts of God, Land or the Amenities resulting from natural process, acts of God, or from natural events including fire, flood, storms and earth or from natural events including fire, flood, storms and earth movement.movement.

(taken from Heritage Forest (taken from Heritage Forest covenant)covenant)

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RehabilitationRehabilitation

Forest Service Forest Service required to required to rehabilitate damage rehabilitate damage they causedthey caused

Rehabilitation done Rehabilitation done in collaboration with in collaboration with landownerlandowner

Generally involves Generally involves putting back soil & putting back soil & seeding with grassseeding with grass

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CollaborationCollaboration

Forest Service / Owner / Forest Service / Owner / CovenanteesCovenantees

What roads should be What roads should be kept open?kept open?

What kind of grass What kind of grass seed?seed?

What else could they What else could they do?do?– Stream work?Stream work?– Broom removal?Broom removal?– Erosion ControlErosion Control– Communication?Communication?

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Reducing ErosionReducing Erosion

Typical Mix (from Typical Mix (from MoF)MoF)

Garry oak MixGarry oak Mix

18% Tall fescue18% Tall fescue

19% Sheep fescue19% Sheep fescue

18% Orchardgrass18% Orchardgrass

5% Annual ryegrass5% Annual ryegrass

15% Timothy15% Timothy

13% S.C. Red clover13% S.C. Red clover

9% White clover9% White clover

3% Alsike clover3% Alsike clover

40%40% Alaska bromeAlaska brome

10%10% Idaho fescueIdaho fescue

25%25% Blue wildryeBlue wildrye

10%10% Tufted hairgrassTufted hairgrass

10%10% Western fescueWestern fescue

5% 5% Sandburg Sandburg bluegrassbluegrass

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Stream workStream work

Stabilization of stream banksStabilization of stream banks Adding structureAdding structure Removal of inappropriateRemoval of inappropriate culvertsculverts

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Broom Removal?Broom Removal?

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FutureFuture

Management PlanManagement Plan RestorationRestoration Volunteer WorkcrewsVolunteer Workcrews Potential PartnershipsPotential Partnerships Forestry!Forestry!

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Conclusions?Conclusions?

Contact authority in control early onContact authority in control early on– Develop good working relationshipDevelop good working relationship

Offer to help Offer to help – Baseline report mappingBaseline report mapping– Knowledge of land & mapping capabilitiesKnowledge of land & mapping capabilities– Logistical help (lodging, food, etc)Logistical help (lodging, food, etc)

Be sensitive to the job at handBe sensitive to the job at hand Work well with post-emergency contractorsWork well with post-emergency contractors Be prepared to pick up the piecesBe prepared to pick up the pieces

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For More InformationFor More InformationKen MillardCoordinator Galiano Conservancy Association(250) 539-3481 [email protected]

Kate EmmingsLand & Finance OfficerHabitat Acquisition Trust (HAT)(250) [email protected]