Tree Conservation and Regulations

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.

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.

• 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.

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.