Municipal Tree By-Law Update

• Project Background Information

  In May 2017, Bill 68, entitled Modernizing Ontario’s Municipal Legislation Act, 2017, was enacted by the provincial government and requires all municipalities to adopt and maintain policies to protect and enhance the municipal tree canopy by March 1, 2019. On January 14, 2019 Staff Report PDS.19.06 was presented to the Committee of the Whole outlining the Town’s existing policies regarding tree protection including policies of the Official Plan and Municipal Tree By-law 2010-68. While the existing policies and by-laws currently in place meet the legislative requirements of Bill 68, Council is seeking to establish additional policies to further increase tree preservation and canopy enhancement in the Town.

  In July of 2019, the Town hosted a Public Meeting to obtain public feedback on proposed revisions to Municipal Tree Preservation By-law 2010-68, as is currently in force and effect, in order to extend interim protections on tree cutting on select private properties within the community. Comments received at the Public Meeting were generally supportive of the proposed revisions. Due to new comments received from the public prior to the consideration of the proposed revised By-law by the Committee of the Whole, and following a postponement of public engagement due to COVID-19 in March 2020, Council is now seeking further comments and feedback from the community regarding the direction and scope of tree protection policies in the Town.

  The project's community engagement will focus on whether or not the Town should take a more active role in the protection of a wider range of trees within the municipality, potentially including those located on privately owned properties. Input and comments received from the public will help to guide the scope and direction of any future policies and/or by-law updates regarding tree preservation in the Town.

• Tree By-law Scenarios

  Town Staff have created example scenarios for how the proposed Tree By-law could impact residents.

  The scenarios can be found online.

• Staff Reports

  • PDS.19.06 - Bill 68 Municipal Act Changes and Requirement for Municipal Tree Canopy Policies
  • PDS.19.44 Tree Protection Update
  • PDS.19.141 Tree Protection
  • PDS.19.149 Municipal Tree Preservation By-law Explanatory Report
  • PDS.21.080 Tree By-Law Update
  • PDS.22.064 Municipal Tree By-Law - Update and Directions Report
  • PDS.22.113 Information and Recommendation Report - Tree By-law Update
    • PDS.22.113 Attachment 1
    • PDS.22.113 Attachment 2
    • PDS.22.113 Attachment 3
  • PDS.23.016 2023 Municipal Tree By-Law Update and Public Meeting Request
  • PDS.23.048 Recommendation Report: Follow-Up to the Tree Preservation By-Law Public Meeting
• January 13, 2022 Joint Committee Meeting

  On January 13, 2022, Town staff met with the Sustainability Advisory Committee and the Agricultural Advisory Committee to make a presentation about the Municipal Tree By-law.

  A copy of the presentation is available here.

  A recording of the meeting is available here.

• July 11, 2022 Public Meeting

  • TBM Tree By-law - Update -Working Draft (June 2022) CLEAN
  • TBM Tree By-law - Update -Working Draft (June 2022) TRACKED CHANGES
  • Notice of Public Meeting - Proposed Changes to Municipal Tree Protection By-law (June 2022)

Frequently Asked Questions

• What was Council's original intent for asking staff to update the Tree By-Law?

  • The Province passed various updates to the Municipal Act, 2001, in 2016 (Bill 68, entitled Modernizing Ontario’s Municipal Legislation Act, 2016). One of these updates included a requirement for Municipalities to adopt and maintain policies regarding the protection and enhancement of tree canopy and natural vegetation in the Town.
  • Existing Tree Canopy policies under Section D8.2 of the Official Plan satisfy the requirements of Section 270(1)(7) of the Municipal Act, 2001.
  • Through the discussion on Bill 68, public concerns were raised highlighted regarding the effectiveness and adequacy of the existing policies and Tree Preservation By-law 2010-68 to prevent pre-mature tree clearing on treed properties that could someday be developed.  At that time, Council identified their desire to implement additional measures to reduce pre-mature tree cutting in such cases.
  • Council directed Staff to investigate potential revisions to the Town’s existing Tree By-law in order to extend regulations on tree cutting to privately owned properties, where the County of Grey Forest Management By-law does not apply. At that time, Council also provided direction to the Sustainability Advisory Committee to develop more robust, long-term, tree canopy policies/strategies.
  • Overall, the goal of the proposed Tree By-law Update Project is to prevent premature tree cutting/removal on larger privately owned properties in advance of a development application.
• Which tree cutting activities will be subject to the Town of The Blue Mountains proposed Tree By-Law?

  • The cutting of trees located on properties within the Settlement Area boundary that have a minimum lot area of 0.5ha (1.2 acres), where:
    • Five (5) or more trees are proposed to be cut which have a diameter of 15cm-30cm.
    • A tree with a minimum diameter of 30cm is proposed to be cut.
  • The cutting of any tree(s) located on a property owned, controlled, or managed by the Town of The Blue Mountains or the County of Grey, regardless of the property location.
  • The cutting of any tree(s) which is identified as a tree for preservation on an approved plan which forms part of, or is referenced in, an agreement entered into with the Town (i.e. a Subdivision Agreement or other type of Development Agreement), regardless of the property location.
• Which tree cutting activities will not be subject to the Town of The Blue Mountains Tree-By-law?

  • The cutting of a tree located outside of the Settlement Area Boundary (See Schedule ‘A’ to the By-law)
  • Within the Settlement Area (See Schedule ‘A’ to the By-law):
    • The cutting of any tree(s) which is located on a property that is less than 0.5ha in area.
    • The cutting of any tree(s) which has a diameter of less than 15cm.
    • The cutting of any tree(s) which is to be cut as part of a normal farm practice conducted by a farm operation for its own agricultural activity.
    • The cutting of any tree(s) which is subject to the County of Grey Forest Management By-law No. 4341-06.
    • The cutting of any tree(s) which is subject to the Development Control policies of the Niagara Escarpment Commission.
    • The cutting of any tree(s) which is located within an area regulated by a Conservation Authority under Ontario Regulation 151/06.
    • The cutting of any tree(s) for firewood for personal use to a maximum of 25 stacked cubic meters a year (note: harvesting for commercial firewood is regulated by the County of Grey Forest Management By-law).
    • The maintenance of a tree in accordance with good arboricultural practice.
    • The removal of a dead, diseased, or hazardous tree.
    • The removal of a tree which is considered an invasive species.
    • The removal of dead, damaged or destroyed trees which poses risk to public safety.
    • A tree located on land covered by a woodlands management plan.
• How do I tell if my property is subject to the Grey County Forest Management By-law or the Development Control policies of the Niagara Escarpment Commission?

  If your property is located outside of the Settlement Area boundary of the Town of The Blue Mountains, then tree cutting may be subject to the County of Grey Forest Management By-law. It is recommended that the County be consulted prior to any tree cutting to confirm if the provisions of the By-law apply. More information about the County Forest Management By-law can be found online using the following link: https://www.grey.ca/forests-trails.

  If your property is identified as being within the area of Development Control, then the lands are subject to the policies of the Niagara Escarpment Commission. The Niagara Escarpment Commission should be contacted in order to determine any permit requirements prior to the cutting of any trees. More information about the Niagara Escarpment Plan can be found online using the following link: https://escarpment.org/.

• How do I tell if my property is regulated by a Conservation Authority?

  Use the links below to determine if your property is regulated by the Grey Sauble Conservation Authority or the Nottawasaga Valley Conservation Authority.

  Grey Sauble Conservation Authority

  Nottawasaga Valley Conservation Authority

• How will the Town of The Blue Mountains proposed Tree By-Law co-exist with the Grey County Forest Management By-Law and the Niagara Escarpment Commission Tree Preservation regulations?

  • The Town of The Blue Mountains Tree By-law is proposed to apply only in the following areas:
    • Within the Settlement Area boundary
    • Town-owned lands across the municipality
    • All lands that have a Subdivision Agreement or Development Agreement
  • The County of Grey Forest Management By-law applies to Woodlands, as defined in the Municipal Act and the Forestry Act, that are one hectare or more in size. Woodlands are independent of individual property lines and a defined woodland may apply to multiple properties regardless of the lot area. The Town’s proposed Tree By-law is intended to apply to individual trees located on properties with a minimum lot area of 0.5ha, which would generally not be subject to the County Forest Management By-law.
  • Section 135(4) of the Municipal Act, 2001, prohibits the Town’s By-law from regulating trees in any woodland designated in the County By-law, and further states that the Town By-law is inoperative to the extent that it applies to trees in the designated woodland. As such, the Town By-law would have no authority, force or effect, with regard to any woodland designated under the County of Grey By-law (Municipal Act: link: https://www.ontario.ca/laws/statute/01m25#BK337)).
  • Further to the direction of the Municipal Act, 20021, an exemption is included in the Town’s proposed By-law to clarify that the Town By-law does not apply to any tree that is subject to the County of Grey Forest Management By-law (Part 3.1(c) of the Draft Proposed By-law). Further consultations between County and Town Staff in the drafting of the Town’s By-law and future updates to the County By-law will provide further clarity to ensure that the two by-laws are appropriately integrated.
  • The Town of The Blue Mountains Tree By-law does not apply to the area of Development Control outlined by the Niagara Escarpment Plan (Part 3.1(d) of the Draft Proposed By-law).
• How does the Town Tree By-law apply to trees that are less than fifteen (15) cm in diameter?

  The by-law does not apply to trees that are less than fifteen (15) cm in diameter. 

  What does this mean? Trees less than fifteen (15) cm in diameter can be cut without a permit. In addition, there is no maximum limit applied to the number of trees that can be destroyed if the trees are less than fifteen (15) cm. This provision is a result of the review of “best-practices” and other Municipal Tree By-laws throughout the Province.

• How does the proposed Town By-law apply to properties that are less than 0.5ha (1.2 acres) within the Settlement Area?

  The proposed Town by-law would not apply to properties that are less than 0.5ha (1.2 acres). This is consistent with the intent and direction of Council to prevent tree cutting and removal on larger properties in advance of a proposal for development. This minimum property size is also proposed in order to manage demand for staff resources to administer and enforce the proposed By-law.

• How does the proposed Town By-law apply to properties that are located outside of the Settlement Area boundary?

  The proposed by-law would not apply to private properties that are located outside of the Settlement Area boundary, as defined on Schedule “A” of the proposed draft By-law.

• Are agriculturally designated properties exempt from the Town Tree By-Law?

  The Proposed Draft By-law does not apply to private property located outside of the Settlement Area boundary outlined on Schedule “A” of the Draft Proposed By-law. Land use designations outside of the Settlement Area boundary include the Rural, Agricultural, and Special Agricultural designations as outlined by the Official Plan. 

  An additional exemption has been included into the By-law which exempts tree removal as part of a normal farm operation, allowing for existing agricultural uses located within the Settlement Area boundary to proceed without a permit from the Town (Part 3.1(i) of the Draft Proposed By-law).

  What does this mean?

  If a property is located outside of the Settlement Area boundary, then the By-law would not apply. Further, if a property is currently used for agricultural purposes but happens to be within the Settlement Area boundary, such as an orchard or cash cropping, then a permit is not required from the Town to remove trees as part of a normal farm practice. A definition of "Agricultural Activity" is included in the Draft Proposed By-law. A “normal farm practice” is as defined by the Farming and Food Production Protection Act, 1998 (link: https://www.ontario.ca/laws/statute/98f01).

• Is the cutting of firewood for personal use exempt from the Town Tree By-Law?

  Yes, cutting firewood for personal use to a maximum volume of 25 Stacked Cubic Metres is permitted within the by-law. Any amount over 25 Stacked Cubic Metres within a calendar year would require a permit to be obtained from the Town. Converted into Cords, 25 Stacked Cubic Metres equals approximately 7 Cords of firewood (approx. 21 face cords).

• How do trees that have fallen fit into the Town Tree By-law?

  The removal of fallen trees does not require a permit; however, fallen trees that are considered to be hazardous may be removed upon receiving confirmation from the Town. The property owner shall notify the Town regarding a fallen tree and confirmation will be provided by the appropriate staff contact. 

• What process has been followed with drafting the updates to the Town Tree By-law and what opportunities have there been for public consultation?

  • The initial staff report regarding changes to Bill 68 and the requirement for Municipal Tree Canopy Policies was presented to the Committee of the Whole at the January 14^th, 2019 meeting.
  • Since that time, numerous additional staff reports have been presented to Committee of the Whole in 2019, 2020, and 2021.
  • Notice of a Public Meeting was circulated in June 2019 and a public meeting regarding the Tree Preservation By-law was held on July 3, 2019. The notice was circulated in accordance with the town's standard notice requirements.
  • A Public Open House was held on March 24, 2021.
  • A Public Survey was completed between March and May of 2021.
  • Town Staff have consulted with the Sustainability Advisory Committee and the Agricultural Advisory Committee
  • An additional Public Meeting will be held to receive public comment and feedback on the proposed Draft By-law update prior to a final draft being presented to Committee of the Whole and Council for consideration.