[CANUFNET] Tree bylaws
Glenn Chernick
GChernick at regina.ca
Fri Oct 31 16:04:46 EDT 2008
The City of Moose Jaw instituted a tree removal policy, rather than a bylaw about 6 years ago. The underlying reasons for instituting this policy are very similar to what you are talking about. A large number of historic properties in certain neighbourhoods wanted front driveways, The policy was quite comprehensive, and along with the Moose Jaw Boulevard bylaw, create an effective way in dealing with tree removal and maintenance issues. You may wish to contact their website for a copy of this.
Glenn Chernick
Forestry Technician
City of Regina
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Today's Topics:
1. Tree Bylaws and infrastructure conflicts (Ward, Greg)
2. Tree Bylaws and infrastructure conflicts (Guy Martin)
CANUFNET Digest, Vol 47, Issue 14 (iolaprice)
----------------------------------------------------------------------
Message: 1
Date: Fri, 31 Oct 2008 07:22:54 -0700
From: "Ward, Greg" <GAWard at surrey.ca>
Subject: [CANUFNET] Tree Bylaws and infrastructure conflicts
To: "Canadian Urban Forest Network" <canufnet at list.web.net>
Message-ID:
<5F0605F77AE79D43AEDB5E01FE078DDA01E136D1 at EXCHBE1.surrey.ca>
Content-Type: text/plain; charset="windows-1252"
Guy,
For trees located on public property we have one over-arching very simple by-law that states 'thou shall not wilfully damage' etc any tree on city property. As well, we have a by law that requires all residents to maintain the boulevard section of the road allowance, including vegetation. So, the public are expected to maintain the boulevard on city road allowance, including the trees, but not damage the trees.
In practice, however, we actually have a two tiered approach to the maintenance of trees on city owned boulevard road allowance and we take great steps to make residents aware of this practice
Tier 1. any tree that is planted by the city or an agent of the city as part of a street tree comprehensive planting program is maintained entirely by the city.
Tier 2. all other trees are to be maintained by the resident. The only exception is if we get a call about a Tier 2 tree and it is evaluated by staff as in need of hazard abatement (whole or part tree failure) we will take steps to rectify.
In terms of your inquiry below we will mitigate all root related infrastructure conflicts for Tier 1 trees at city expense. We set a budget amount every year for that work and only conduct the work on demand from residents.
For tier 2 trees the resident is responsible to resolve the issue and we provide residents with references to the two by-laws mentioned above, provide them with general recommendations as to what steps they can take at their expense to rectify the conflict, recommend they hire a certified arborist to conduct any necessary work and that the arborist is skilled in root mitigation work. We also remind them that the work must be done in accordance with arboriculture best practices, making them aware that the health and structural stability of the tree is critical.
The above approach seems to work, not all residents are happy that they are responsible for Tier 2 trees and can't remove them when they wish, or that the city will not help with their maintenance. Very few of these issues get bumped to me to resolve so my guess is the unhappiness is not too great. As well, all things considered, we find very little non-compliance by the residents.
Lastly, with the above, there are always exceptions to the practices. Those are best described in a conversation.
hope this helps,
Greg Ward
Manager, Urban Forestry and Environmental Programs
City of Surrey, B.C.
604 501 5170
'Nature matters,
protect, enhance, enjoy'
-----Original Message-----
From: canufnet-bounces at list.web.net [mailto:canufnet-bounces at list.web.net]On Behalf Of Sadia Butt
Sent: October 30, 2008 8:18 AM
To: Canadian Urban Forest Network
Subject: Re: [CANUFNET] Tree Bylaws and infrastructure conflicts
Hello Guy,
Check city of Toronto and Mississauga....and to get some wisdom you must talk to John McNeil, Forest Manager in Oakville re: obstacle and draw-backs regarding tree-by-laws. He really is knowledgeable regarding the issues of tree by-laws.
Toronto has a great link here to there tree by-laws.
http://www.toronto.ca/trees/bylaws_policies.htm
Mississauga was working on a street tree by-law while I was on the Urban Forestry Technical Committee. It may not have yet gone to council. Contact Gavin Longmuir for that.
Here are others:
tree permit by-law
http://www.mississauga.ca/file/COM/TREE_PERMIT.PDF
http://www.mississauga.ca/portal/home?paf_gear_id=9700018 <http://www.mississauga.ca/portal/home?paf_gear_id=9700018&itemId=300012> &itemId=300012
parks by-law has some interesting tree related stuff
http://www.mississauga.ca/file/COM/parks.pdf
encroachment by-law is interesting:
http://www.mississauga.ca/file/COM/Encroachment_By_law.pdf
On Wed, Oct 29, 2008 at 11:54 AM, Guy Martin < gbmartin at langleycity.ca> wrote:
Hello all,
Well we are finally getting into the 21st century and have a new director that wants to start drafting some tree bylaws.
I know that this has been discussed on this network at length but pose this question yet again. I am looking for links to other municipalities for their tree bylaws?we do not want to reinvent the wheel by any means, so I am asking for your assistance.
The first thing that they would like me to look into is tree root and infrastructure conflicts on our property in regards to private dwellings (driveways mainly) and commercial frontages. According to the interpretation of the Municipal Insurance Authority on this issue, once a situation has been brought to our attention, we are obligated to ensure that no further damage occurs. Our measures may include tree removal (when necessary), root mitigation (when possible) and the like. We are not responsible for the repairs unless they worsen or continue, due to our lack of action.
The issue at play here is that when the repairs are being done, who is going to look after the tree and specifically the roots.
My director has suggested three options:
1. City repair with estimate, cost going to homeowner (repairs only to property line)
2. An approved list of contractors, ones that understand the dynamics involved
3. Work performed by anyone with a certified arborist on site that will submit a report to the City of Langley
We prefer either 1 or 3 as the standard to be used. So with all that said, I am curious as to how other municipalities handle these issues along with the relevant bylaws.
Thank you,
Guy Martin
--
Sadia Butt BSc., MFC.
Projects Consultant, A.C.E.R.
phone #1: 416-622-2494
phone #2: 905 275-7685
email: sadiabutt.ca@ gmail.com
Website: www.acer-acre.org
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Message: 2
Date: Fri, 31 Oct 2008 11:03:56 -0400
From: "iolaprice" <iolaprice at comnet.ca>
Subject: [CANUFNET] Tree Bylaws and infrastructure conflicts (Guy
Martin)CANUFNET Digest, Vol 47, Issue 14
To: <canufnet at list.web.net>
Message-ID: <342475405A5C4DBFB73CD0F77AC882AF at iolashr912ibls>
Content-Type: text/plain;charset="us-ascii"
http://ottawa.ca/residents/healthy_lawns/forestry/foundation_en.html
Ottawa has a policy on trees and foundation damage that may help. Iola
Price
-----Original Message-----
From: canufnet-bounces at list.web.net
[mailto:canufnet-bounces at list.web.net]On Behalf Of
canufnet-request at list.web.net
Sent: Wednesday, October 29, 2008 3:49 PM
To: canufnet at list.web.net
Subject: CANUFNET Digest, Vol 47, Issue 14
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canufnet-owner at list.web.net
When replying, please edit your Subject line so it is more specific
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Today's Topics:
1. Tree Bylaws and infrastructure conflicts (Guy Martin)
----------------------------------------------------------------------
Message: 1
Date: Wed, 29 Oct 2008 08:54:59 -0700
From: "Guy Martin" <gbmartin at langleycity.ca>
Subject: [CANUFNET] Tree Bylaws and infrastructure conflicts
To: <canufnet at list.web.net>
Message-ID: <10E2937B3C89D545A272B07D0406FD180975C9 at col000.col.local>
Content-Type: text/plain; charset="us-ascii"
Hello all,
Well we are finally getting into the 21st century and have a new
director that wants to start drafting some tree bylaws.
I know that this has been discussed on this network at length but pose
this question yet again. I am looking for links to other municipalities
for their tree bylaws...we do not want to reinvent the wheel by any
means, so I am asking for your assistance.
The first thing that they would like me to look into is tree root and
infrastructure conflicts on our property in regards to private dwellings
(driveways mainly) and commercial frontages. According to the
interpretation of the Municipal Insurance Authority on this issue, once
a situation has been brought to our attention, we are obligated to
ensure that no further damage occurs. Our measures may include tree
removal (when necessary), root mitigation (when possible) and the like.
We are not responsible for the repairs unless they worsen or continue,
due to our lack of action.
The issue at play here is that when the repairs are being done, who is
going to look after the tree and specifically the roots.
My director has suggested three options:
1. City repair with estimate, cost going to homeowner (repairs
only to property line)
2. An approved list of contractors, ones that understand the
dynamics involved
3. Work performed by anyone with a certified arborist on site that
will submit a report to the City of Langley
We prefer either 1 or 3 as the standard to be used. So with all that
said, I am curious as to how other municipalities handle these issues
along with the relevant bylaws.
Thank you,
Guy Martin
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