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Tree Conservation and Regulations

Home...Bylaw EnforcementRegulatory BylawsTree Conservation and Regulations
 
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Graphic Image of a Tree Trees are an important part of our Natural Heritage for many     reasons.

   One of the County's strategic priorities is for sustainable and managed growth. 

   Tree conservation is an integral part of promoting sustainable and managed growth patterns.

New – On June 22, 2021 the County took a big step forward on its commitment to Sustainable and Managed Growth to protect the natural environment, by adopting a Good Forestry Practices By-Law. Circumference limit harvesting is no longer permitted and clear cutting is subject to an environmental review process in which replacement trees are required.  The By-Law generally applies to trees in forested areas that are 0.2 hectare or greater in size.

Trees provide many social, economic and environmental values. Forests are essential for our mental and physical well-being as they improve air and water quality, support pollinators for agricultural crops, create recreational opportunities, contribute to the character of the County, build resiliency to climate change, and create income through harvesting and related processes.

To conserve trees and protect the species dependent on them, there are many municipal, provincial, and federal regulations that apply to the removal of trees.

Hazardous Trees due to Decay, Disease or Being Damaged

To protect the life of any person on or near a property from trees that pose an unreasonable risk or hazard, the County requires properties to be free from trees that are unsafe due to decay, disease or being damaged.

The County’s Property Stands By-Law 205-02 regulates trees that are in an unsafe condition.

Trees on County Roads

To conserve trees in the County, planting, removal and maintenance of trees are regulated on County owned roads pursuant to Tree Maintenance By-Law 275-99.

Under this By-Law, only the Operations Department can administer/supervise:

  • Management and necessary removal of trees on county highways.
  • Planting trees on road allowances.
  • Trimming trees planted on a highway, or on private property where the branches extend over the highway.
  • Removing decayed or dangerous trees.

Except in an emergency, owners of land adjacent to a tree scheduled for removal will be given written notice 10 days before the removal.

You cannot plant, remove or injure trees located on County owned roads without approval from the County. You may be fined, charged and/or required to pay all expenses to repair or remove a tree, or to plant a replacement tree. 

Trees in Natural Heritage Features and Areas                                                                  

Regulated by the County's Good Forestry Practices By-Law 70-21

Background      

The County of Brant took a major step forward by adopting a new Good Forestry Practices By-Law 70-21 to provide protection for natural areas in the County.

The purpose of the Good Forestry Practices By-Law is to:

  • Conserve and improve the health of natural heritage areas by controlling and reducing clear cutting.
  • Improve resilience and adaptation to climate change.
  • Implement the County’s strategic priority for Sustainable and Managed Growth by protecting and enhancing the natural environment.
  • Promote good forestry practices that sustain and improve healthy natural heritage areas and their related long-term social, economic, and environmental values.
  • Protect, promote, and enhance the many benefits that trees contribute to the County in terms of aesthetics, human health, recreation, and overall enjoyment and quality of life.
  • Reduce airborne pollution, protecting and improving the quality and quantity of water, preventing soil and wind erosion, reducing water run-off, and providing cooler temperatures in the summer.
  • Promote and implement the objectives and policies in the County’s Official Plan, Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe on climate change and green infrastructure and regards to the protection, maintenance, and restoration of natural heritage features, areas, and systems.
What Trees are Regulated?  

Reference should be made to the By-Law for a detailed understanding of trees regulated, including reference to definitions.

Trees are regulated where located in the following Natural Heritage Features and Areas:

  • A woodland or woodlot that is 0.2 hectare in size or greater and meeting the density criteria in the By-Law.
  • A regionally or provincially Life Science Area of Natural and Scientific Interest.
  • Wetlands and valleylands.
  • Steep slopes including lands within 10 metres of the top of bank.
  • Vegetation protection zone, which includes the area maintained in a natural predeveloped state that is contiguous with and within 15 metres of the water’s edge of a wetland, lake, intermittent stream, or permanent stream.
The By-Law does not apply to the Injury or Destruction of a Tree:
  • On a County owned road, regulated by the County, pursuant to By-Law 275-99.
  • In an unsafe condition due to decay, disease or being damaged on a property regulated By the County pursuant to Yard Maintenance By-Law 97-19.
  • Listed as a noxious weed in accordance with the Weed Control Act.
  • A tree classified as prohibited or restricted as defined in the Invasive Species Act.
  • Where meeting the criteria for an Exemption under the By-Law.

Exemptions    

To provide a balance between protecting trees in the public interest and allowing for a reasonable enjoyment of a person’s property for their own use, the Good Forestry Practices By-Law has been designed to allow for limited tree removal without the need for a permit.

A summary of key exemptions is provided below. Reference should be made to the By-Law for a detailed understanding of the exemptions, including reference to definitions.

Owners are encouraged to consult with County staff prior to removing any trees in natural areas  to determine if any proposed tree removal is exempt or requires a permit.

 Summary of Exemptions 

A tree in a:

  • Cultivated fruit or nut orchard, Christmas tree plantation, or plant nursery; or
  • Building, solarium, rooftop garden or interior courtyard.
  • A tree within 2 metres of a building, domestic well, sewage system or tree certified by a building inspector or engineer as causing structural damage to a drain, utility, domestic well, sewage disposal system, load-bearing structure or roof structure.
    • For any of the following provided that the tree was not planted as a replacement tree as a condition of a permit or as a condition of a Planning Act application, and the removal is in accordance with good forestry practices:
      • Removal of a tree in an amenity area that is in the rear yard and within 10 metres of a residential dwelling, provided it does not constitute clear cutting.
      • Removal of a tree to construct a building, structure, or thing including any associated driveway, access, servicing and utilities for which a building permit has been issued provided that it does not constitute clear cutting.
      • The injury or destruction of a tree for the owner’s own use, subject to the following provisions:
        • For a property less than 5 hectares, no more than 20 trees (6 bush cords) in a calendar year; or
        • For a property 5 hectares or greater, no more than 40 trees (12 bush cords) in a calendar year; and
        • The removal does not constitute clear cutting, or reduce the density of trees below the number of trees required to be considered a woodland or woodlot.
        • Removal of trees where land has been previously cleared as part of an agricultural operation which has become overgrown with young early-successional tree species (e.g. sumac, hawthorn, apple, scots pine, poplar, white birch, ash) that are less than 10 years old and have a dbh of less than 10 cm, provided that the land is to be used as part of an agricultural operation.
        • The injury or destruction of a tree impeding passage of agricultural equipment along an existing laneway where the lands are used as part of an agricultural operation, provided that it does not constitute clear cutting.
  • A tree growing in contaminated soil and, by its presence, preventing remediation of the contaminated soil, provided proof of remediation efforts in the form of a remediation plan  by a qualified person defined in Ontario Regulation 153/04.
  • Activities required for the construction and maintenance of municipal drainage works under the Drainage Act.
  • Activities undertaken by a Conservation Authority on land owned or managed by the  Authority provided that it does not result in clear cutting; reduce the density of trees below the number required to be considered a woodland or woodlot, and the removal is consistent with good forestry practices.
  • Removal of a tree as part of an activity by a federally or provincially regulated pipeline as detailed in the By-Law.          

In addition to the exemptions above, the following is a summary of mandatory exemptions listed in the Municipal Act:

  • Activities undertaken by a municipality or local board of a municipality.
  • Tree cutting by a person licensed under the Surveyors Act as part of surveying.
  • Trees removed that are approved as a condition of approval of a site plan, a plan of subdivision or a consent or as part of a site plan agreement or subdivision agreement.
  • Clearing of trees by a transmitter/distributor, as per the Electricity Act to construct and maintain a transmission or distribution system.
  • Removal of trees undertaken as part of a pit, quarry, wayside pit or wayside quarry approved under the Aggregate Resources Act.

Notwithstanding any exemption in the By-Law, it is an owner’s responsibility to ensure they comply with the Endangered Species Act, Species at Risk Act, Fisheries Act, Migratory Birds Convention Act and/or any other applicable provincial or federal legislation.

 

Good Forestry Practices Permit                                        

The County encourages land owners to manage forests in a manner that is consistent with good forestry practices to sustain and improve healthy natural areas and their related long-term social, economic, and environmental values

A Good Forestry Practices Permit is required to harvest trees in accordance with a silviculture prescription. The prescription must be prepared by a Qualified Ontario Professional Foresters Association Member.

Submit online the County of Brant Good Forestry Practices Permit Application here. 

OR

Download the County of Brant Good Forestry Practices Permit Application here, review the requirements, complete, and submit to Bylaw Enforcement. 

Clear Cutting Permit

While tree conservation is important, it is recognized that there may be limited situations in which clear cutting forested areas is warranted. In such situations, an assessment of environmental impacts and replacement trees is required.

Where an applicant would like to clear trees that are not exempt in the By-Law and/or cannot be authorized in accordance with a Good Forestry Practices Permit, an application may be made for a Clear Cutting Permit.

Owners are encouraged to consult with County staff prior to submitting a Permit to obtain preliminary feedback including alternative options to clear cutting, environmental constraints, replacement trees, and approvals that may be required by other agencies.

Submit online the County of Brant Clear Cutting Permit Application here. 

OR

Download the County of Brant Good Clear Cutting Permit Application here. review the requirements, complete, and submit to Bylaw Enforcement. 

Weed Control Act

Regulated by Ontario Ministry of  Agriculture, Food, and Rural Affairs

Removal of noxious weeds are necessary to reduce infestation of noxious weeds that could negatively impact agriculture and horticulture lands, reduce plant diseases such as that caused by European buckthorn, and prevent health hazards to livestock and people caused by poisonous plants.

A list of all weeds designated as noxious under the Weed Control Act can be found in Regulation 1096, below and on the Ministry's website. 

Migratory Birds Convention Act

Regulated by Environment and Climate Change Canada

Tree removal must comply with the Migratory Birds Convention Act, 1994, which protects migratory birds, their eggs and their nests. Most birds are protected in this Act and in order to protect eggs and nests trees should not be removed during the migratory bird season which can start as early as mid-March and extend until late August.

More information is available from Environment and Climate Change Canada on the Migratory Birds Convention Act and on Nesting Periods of Migratory Birds.

Endangered Species Act

Regulated by Ministry of Conservation, Environment and Parks

Trees may contain or be part of the habitat of endangered and threatened species, which are regulated under the Ontario Endangered Species Act. In addition to a tree itself being threatened or endangered, it could contain habitat for birds, bats and other wildlife that may be at risk.

Threatened and Endangered Species are listed on the Species at Risk in Ontario List.

More information is available from the Ministry on how Species at Risk are protected, please visit here. 

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