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WCEL
> Issues > Urban Growth and
Development > Smart Bylaws Guide > Part
6 > Use Site Resources Wisely > Tree
Protection Bylaws
Smart Bylaws Guide – Use Site Resources Wisely –
Tree Protection Bylaws
Municipalities have broad authority to regulate and prohibit the
cutting of trees and to promote the development of the urban forest.
This includes requiring that trees be replaced, and can apply to
different areas of the municipality and types of trees. The
municipality can designate significant trees, and require that an
owner obtain a permit before cutting trees. However, a tree
protection bylaw cannot prohibit all uses permitted under the zoning
bylaw and cannot prevent development to the density permitted under
a zoning bylaw, unless compensation is paid.
Tree cutting bylaws generally include:
- prohibitions against cutting down trees without a permit;
- prohibitions against tree damaging activities;
- the process for obtaining a permit to cut trees;
- the requirements for tree management plans for larger
developments;
- a fee schedule for permits;
- exemptions;
- conditions where trees must be replaced when cut down;
- enforcement and penalty provisions; and
- schedules outlining the location of significant trees in the
municipalities and the types of trees suitable for replanting.
See the Table of Tree
Protection Bylaws for details on the typical content of tree
protection bylaws and links to the bylaws.
For example, section 6(2) of the City
of Nanaimo’s Tree Protection bylaw states:
Where an application for a permit is made to facilitate the
subdivision of a parcel of land, the tree management plan shall
provide for:
(a) the protection or replacement of all significant trees on the
parcel of land; and
(b) the protection of a minimum of 20% of the trees on the parcel
of land exclusive of any area set aside for park dedication pursuant
to the provisions of the Municipal Act, when the parcel of land to
be subdivided is greater than 0.5 hectare (1.0 acre) in size.
The City of Nanaimo also requires development permits for any
cutting or removal of trees within watercourse DPAs.
The Resort Municipality of Whistler requires the environmental
quality of any development to exceed that of a typical community
because of the expectation that a resort town will have a pristine
natural environment and clean air and water. The municipality
addresses this through landscaping and replanting requirements, and
by securing tree preservation covenants for new developments. Native
species of plants and trees are used in all municipal projects
requiring revegetation. Finally, vegetation management plans, and
the monitoring of such plans, are required for developments
involving steep slopes, habitat and natural areas. The aim is to
preserve natural vegetation and the functioning of natural systems.
Some municipalities also enter into protected tree covenants
when land is developed to provide more long-term security for
significant trees. Covenants are registered against the title
of the land so the restrictions contained in them apply to all
parties who own the land, even if it is sold. See, for
example, the District of Saanich covenants (examples one
and two).
Finally,
in recognition that trees are the individual components of the urban
forest, several municipalities are creating tree protection and
enhancement plans. For example, the City of North Vancouver is
developing a strategy to improve the sustainability and quantity of
the City’s street trees. The City’s Street
Tree Master Plan is aimed at enhancing the community’s urban
forest resource through a program to research the benefits of street
trees, define landscape character areas, and develop an
implementation plan.
City staff
and officials recognize that in addition to aesthetic appeal and
cultural benefits, street trees play a key role in a community’s
environmental sustainability as they help to conserve energy through
shading and wind control. Additional environmental benefits
include reduced greenhouse gas emissions, improved air quality, and
reduced storm water runoff. A City-conducted study of more
than 5300 street trees in the community indicates that the City’s
street trees provide an average benefit/cost ratio of more than 5 to
1. At present, the City spends less than $100,000 per year
maintaining street trees, however, the existing street trees
represent more than $500,000 per year in benefits. Over the 50-year
lifespan of a typical tree, the City could realize total benefits of
over $25 million.
Recently,
the City in conjunction with the University of British Columbia
launched the Urban
Forest Research Project, a study of the influence of tree canopy
in an urban setting - in particular, trees' ability to intercept and
retain rainwater, and to slow its flow into urban waterways. A
Tree Canopy Module that is being developed out of this research will
enhance the Water
Balance Model tool used by local governments for rainwater
management planning.
For More Information
Thanks to Kirsty MacKenzie who prepared the table of tree protection
bylaws.
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