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Covenants and Emergencies

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

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Covenants and Emergencies

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

  2. 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 • Land donated to a community organization and covenanted for sustainable forestry • Owner: Galiano Club • Covenantees: Galiano Conservancy & HAT

  3. Unique Covenant • Working covenant: Allows for forestry • Good area for community recreation • Allows for affordable housing use • Land not pristine • Heavily logged in several passes • Restoration / forest management required

  4. Before the Fire • Covenant • Registered Dec 2005 • (8 months before fire) • Baseline • Completed July 2006 • (weeks before fire)

  5. Baseline • Land is heavily logged • Existing forest is 3rd • growth • Small patches of mature • forest • 2 streams • Georgia Strait shoreline

  6. Fire! Fire! • July 23, 2006 fire started • High winds allowed fire to grow/spread • Local volunteer fire departments could not contain the blaze • BC Forest Service called in

  7. Emergency! STATE OF EMERGENCY DECLARED • 119 local residents evacuated • 46 firefighters from Coast Fire Centre • Volunteer firefighters from Galiano & other islands • 2 Mars Water Bombers, several helicopters brought in

  8. “State of Emergency” Emergency: “A present or imminent event or circumstance that • is caused by accident, fire, explosion, technical failure or by the forces of nature, and • requires prompt coordination of action or special regulation of persons or property to protect the health, safety or welfare of a person or to limit damage to property.”

  9. Authority over Emergencies Declared by: • Minister • Lieutenant Governor • Local authority (for local emergencies)

  10. Process of Emergency • Emergency must be identified • Details of emergency must be published or communicated • Emergency expires after 14 days

  11. Powers of Minister Under a state of emergency the Minister can: • Implement an emergency plan • Acquire or use private land and personal property • Control travel and evacuate people, animals & property • Demolish or remove trees, structure or crops • Construct works • Ration supplies Emergency Program Act [RSBC 1996]

  12. Forest Fires Minister can: • Declare an emergency • Enter onto land • Investigate cause of the fire • Evacuate people Wildfire Act [SBC 2004]

  13. Forest Health Forest & Range Practices Act • Forest Health Emergency

  14. After the Fire • 30 hectares of covenant area burned • Several logging roads opened by firefighters • New areas disturbed to create fireguards • Damage to streambeds

  15. Landowner Obligations Owners Obligations … Owner is not liable for: • injury or alteration to the Land or the Amenities resulting from natural causes or causes beyond the Owner’s reasonable control, including accidental fire, flood, storm, theft, vandalism, trespass and earth movement unless such injury or alteration results or is the consequence of the act of the Owner or any person acting with actual or constructive knowledge of the Owner; or • any prudent action taken by the Owner under emergency conditions to prevent, abate, or mitigate significant injury to the Land or the Amenities resulting from natural process, acts of God, or from natural events including fire, flood, storms and earth movement. (taken from Heritage Forest covenant)

  16. Rehabilitation • Forest Service required to rehabilitate damage they caused • Rehabilitation done in collaboration with landowner • Generally involves putting back soil & seeding with grass

  17. Collaboration Forest Service / Owner / Covenantees • What roads should be kept open? • What kind of grass seed? • What else could they do? • Stream work? • Broom removal? • Erosion Control • Communication?

  18. Reducing Erosion

  19. Stream work • Stabilization of stream banks • Adding structure • Removal of inappropriateculverts

  20. Broom Removal?

  21. Future • Management Plan • Restoration • Volunteer Workcrews • Potential Partnerships • Forestry!

  22. Conclusions? • Contact authority in control early on • Develop good working relationship • Offer to help • Baseline report mapping • Knowledge of land & mapping capabilities • Logistical help (lodging, food, etc) • Be sensitive to the job at hand • Work well with post-emergency contractors • Be prepared to pick up the pieces

  23. For More Information Ken Millard Coordinator Galiano Conservancy Association (250) 539-3481 galiano_conservancy@gulfislands.com Kate Emmings Land & Finance Officer Habitat Acquisition Trust (HAT) (250) 995-2428 kate@hat.bc.ca

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