[CANUFNET] Municipal tree ownership/responsibility

[pwynnyczuk at richmondhill.ca]

Hi Alex,
Yes, when we established the Private Tree Bylaw in 2007, we had to define 
where the trees would lie in relation to both the Street and Private Tree 
Bylaws and subsequent ownership issues to prevent confusion and potential 
overlap.
The logic used was that if the tree trunk was planted 5 cm on private 
lands it would then have "grown" onto Town property and the converse is 
applicable.
For decades we took the approach if it was close to streetline or a 
portion was on Town lands, the Town would maintain the tree. 

Since 2007 we have had to revisit, over time, the previously Town 
maintained "borderline" trees to have the Survey Crew determine ownership. 
 We try to schedule this in the off peak season for them where possible.
This does create some angst where we have had a long term relationship 
with a homeowner that knows the history of the tree maintenance.
Generally, this seems to be working.
Operationally, if the tree is in decline and needs to be removed with part 
ownership on town lands we have suggested to the Owner to contact  the 
hydro utility, if applicable, to clear the wires before the Owners' hired 
contractor carries out the work.   If there is no utility wires present we 
can reduce the canopy over town lands to help off set some of the costs. 
These actions  vary based on discussion with owner.

In the street tree bylaw, we have noted the town  can trim private trees 
that overhang the R.O.W..  As well we have a written work order that 
mirrors information for all involved consistently  for work to be done.

Hope this helps.
Regards,
Peter Wynnyczuk

Urban Forestry Supervisor
Town of Richmond Hill
Community Services Department
Telephone:  905 780-2930
Fax:  905 780-2928
Internet: pwynnyczuk at richmondhill.ca




From:   "Alex Satel" <a.satel at utoronto.ca>
To:     "'Canufnet'" <canufnet at list.web.net>
Date:   12/14/2011 03:41 PM
Subject:        [CANUFNET] Municipal tree ownership/responsibility
Sent by:        canufnet-bounces at list.web.net



Hello all,
 
I am interested to know how your community determines tree ownership and 
assigns responsibility for maintenance, particularly with regard to street 
trees. 
 
Many communities operate on the principle that if 50% or more of the stem 
is on public property, the tree is a City asset and a municipal 
responsibility. Does your community work differently? If so, do you 
maintain street trees if less than 50% of the stem is on municipal land, 
or if only if the tree is wholly on City property? Has your community at 
any point transitioned from one approach to another, and if so, did that 
significantly change the workload for your forestry crews?
 
Any insights into this issue would be greatly appreciated. Thanks for your 
consideration, and best wishes for the holidays.
 
--Alex
 
 
Alex Satel, MFC
ISA Certified Arborist ON-1353A
Urban Forest Innovations Inc.
1248 Minnewaska Trail
Mississauga, ON  L5G 3S5
T: (905) 274-1022
C: (416) 452-8054
asatel at ufis.ca
http://www.urbanforestinnovations.com

 
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