Protecting a watershed or a feature within a watershed will often
take a “land use designation” – a legal recognition that non-commercial interests
need to be protected. The following is a
table, adapted from West Coast Environmental Law’s Guide for Forest Land Use and
Planning, that provides a brief description of key land use designations, together
with the Act creates them.
Land Use Designation
DescriptionAuthority
Agricultural Land Reserve
Land under this designation is reserved for farming and
agricultural purposes. The agricultural land reserve includes primarily
private land. Agricultural LandReserve Act
Community Watershed
Applies to some community water supply areas. This
designation restricts forest practices and requires certain operational
planning standards not otherwise required under the Code.Forest Practices Code
Critical Wildlife Area
Protects the habitat of species that have been formally
designated as "threatened or endangered." In order for this
designation to be applied, the area must first be designated as part of a
wildlife management area. Wildlife Act
Designated Area
Allows the provincial government to cancel, vary, suspend
or refuse to issue cutting permits or road permits in areas which are being
considered for protected area status or some other use which is incompatible
with logging.Forest Act
Development Permit Area
Requires a permit before any development may take place that
might impact on identified values.
Areas of land reserved exclusively for ecological purposes
and protected from all other possible dispositions. Ecological Reserve Act
Environment and Land Use Act Designation
Allows the provincial government to specify a land use
regime that will enable particular objectives to be met. It is used to
designate areas where the land use objectives prevent it from fitting into
any other designation. Environment and Land Use Act
Forest Land Reserve
Limits land use activities to specific purposes consistent
with forestry, unless otherwise approved. The reserve includes both public
and private land, and was established in an effort to minimize the impact of
urban development and rural area settlement on the commercial forest land
base. Forest Land Reserve Act
Greenbelt Land
Used in the 1970s to designate land as "greenbelt
land," this designation does not specify permissible land use
activities. Much of the land originally designated under the Greenbelt Act
has since been reallocated for parks, wildlife conservation or other uses. Greenbelt Act
Heritage Trail
Trails of historic significance on which, once they are
legally designated, it becomes an offence to "damage, desecrate or
alter" the site, or remove "any material..." A detailed
management plan must be prepared for designated heritage trails, with the
intent that the objectives will be incorporated into a higher level plan. Heritage Conservation Act
Historic Site
Designates historic sites of national importance through
the placement of commemorative plaques or signs. Historic sites are a federal
designation.
Historic Sites And Monuments Act
Section 15 "OIC Reserves"
Once designated, land may not be subject to any other form
of disposition under the Land Act. This designation may be used for
any purpose that Cabinet considers is in the public interest. It has been
used in the past to prevent the disposition of land which the Cabinet wanted
reserved for possible future hydroelectric development or reservoir purposes.
Land Act
Section 16 "Map Reserves"
This designation has the same effect as an OIC Reserve,
the difference being that it is only a temporary designation. It may be used
as an interim measure to reserve land which is being considered for a
particular use. For example, the Wildlife Branch may request a "map
reserve" be placed on an area that they are considering for possible
wildlife management area designation. Land Act
Section 17 "Land Act Designations"
Allows Crown land to be designated for a priority use
related to the conservation of natural or heritage resources. This
designation does not preclude dispositions under other legislation, such as the
Forest Act or Mineral Tenure Act. It has been used to reserve
areas such as fishing camps, log storage areas or alpine skiing areas. Land Act
Section 66 "Prohibited Use"
This designation allows Cabinet to issue a regulation
prohibiting specific uses of Crown land within the area. It differs from the
previous three designations in that it is not limited to reserving land from
dispositions under the Land Act but may also prohibit disposition
under other legislation. Land Act
Migratory Bird Sanctuary
A federal designation that protects important habitat for
migratory birds, and prohibits hunting or "any activities that are
harmful to migratory birds, their nests or habitat." Migratory Bird Convention Act
Mineral Reserve
Allows the provincial government to place limitations on
the right to stake and explore for minerals in an area.Mineral Tenure Act
National Historic Park
A federal designation commemorating a historic event of
national importance or preserving historic landmarks.Canada National Parks Act
National Park
A federal designation for areas dedicated to the
"benefit, enjoyment and education" of Canadians and must be
"maintained and made use of so as to leave them unimpaired for the
enjoyment of future generations." Canada National Parks Act
National Park Reserve
These areas are subject to the same protection as national
parks, but are designated where outstanding matters (such as aboriginal land
claims) still need to be resolved. Canada National Parks Act
National Wildlife Area
Areas of federal land on which wildlife habitat values are
the management priority. Canada Wildlife Act
Nature Conservancy
Areas, within a provincial park or recreation area, where
natural resources are absolutely prohibited from being "granted, sold,
removed, destroyed, damaged, disturbed or exploited." Park Act
Old Growth Management Area
Areas which are managed to maintain the habitat
characteristics of old growth forests. Forest Practices Code
Provincial Heritage Site
Designated sites where it is an offence to "damage,
desecrate or alter" any part of the site, except under permit. Heritage Conservation Act
Provincial Park
Protected areas which are "dedicated to the
preservation of their natural environments for the inspiration, use and
enjoyment of the public."Park Act
Recreation Area
This designation is similar to provincial park
designation, only offers less legal protection. It prohibits natural
resources from being "removed or disturbed except as may be approved by
the minister." Park Act
Timber Supply Area
A land unit for which a specific AAC is determined. Timber
supply area designation does not specify land uses. Forest Act
Watershed Reserve
Applies to some community water supply areas. This is a
specific type of designation, under sections 15 or 16 of the Land Act,
that prohibits other dispositions under the Land Act, but does not
prevent activities (e.g. mining or logging) that are authorized under other
legislation. Land Act
Wilderness Area
Intended to allow for the conservation of wilderness by
restricting the usage and management of an area. Although it prevents timber
harvesting, designation does not prohibit mining development or associated
roads and is therefore seldom used. Forest Act
Wildlife Habitat Area
Intended to conserve wildlife habitat by requiring special
forest and range management considerations. Forest Practices Code
Wildlife Management Area
Established in an area "where conservation and
management measures are considered essential to the continued well being of
resident or migratory wildlife..." Any use of land or resources requires
the written permission of the regional fish and wildlife manager of the Ministry
of Environment, Lands and Parks. Wildlife Act
Wildlife Sanctuary
Areas within a wildlife management area where it is an
offence to "hunt, trap, take, wound or kill" wildlifeWildlife Act
