[CANUFNET] Municipal tree ownership/responsibility

[Schwan, Terry (MNR)]

Alex

 

In Ontario you should consider Section 10 of the Forestry Act. 

 

Boundary trees

10.
<http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f26_f
.htm#s10s1>   (1)
<http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f26_f
.htm#s10s1>   An owner of land may, with the consent of the owner of
adjoining land, plant trees on the boundary between the two lands. 1998,
c. 18, Sched. I, s. 21.

Trees common property

(2)
<http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f26_f
.htm#s10s2>   Every tree whose trunk is growing on the boundary between
adjoining lands is the common property of the owners of the adjoining
lands. 1998, c. 18, Sched. I, s. 21.

Offence

(3)
<http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f26_f
.htm#s10s3>   Every person who injures or destroys a tree growing on the
boundary between adjoining lands without the consent of the land owners
is guilty of an offence under this Act. 1998, c. 18, Sched. I, s. 21.

Terry

 

Terry Schwan, R.P.F., M. Sc.

District Forester

Guelph District

Ministry of Natural Resources

One Stone Road West

Guelph, Ontario

N1G 4Y2

 

Phone: 519-826-4933

Fax:   519-826-4929

Email:  terry.schwan at ontario.ca

 

 

________________________________

From: canufnet-bounces at list.web.net
[mailto:canufnet-bounces at list.web.net] On Behalf Of Alex Satel
Sent: December 14, 2011 2:16 PM
To: 'Canufnet'
Subject: [CANUFNET] Municipal tree ownership/responsibility

 

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 <mailto:asatel at ufis.ca> 

http://www.urbanforestinnovations.com
<http://www.urbanforestinnovations.com/> 

 

 

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