[CANUFNET] Defining Municipal Tree Ownership

[Peter Shields via CANUFNET]

Hey Andrew,
When I was with Markham, we did everything in-house: 200,000 trees.  Given your appetite, it is the best way to go; I’ve been on both ends...  Reach out to Mary G. in Markham who still works there and she will be a invaluable source for you.  I’ll answer for you below in red based on my experiences…
Cheers,
Peter Shields
Shields Tree & and Urban Forestry
ISA Board Certified Master Arborist ON-0570B, TRAQ
ASCA Registered Consulting Arborist #536
peter.shields570 at gmail.com<mailto:peter.shields570 at gmail.com>
www.linkedin.com/in/peter-shields570<http://www.linkedin.com/in/peter-shields570>
(705) 500-4860


[cid:EC0EB0E2-595D-45E3-82C0-923D4F038325]

On Aug 23, 2018, at 9:22 PM, Andrew Puchalski via CANUFNET <canufnet at list.web.net<mailto:canufnet at list.web.net>> wrote:

Greetings all,

In advance of the City of Mississauga’s upcoming Street Tree Inventory, we are trying to better define ownership rules for assets within our inventory. Consequently, we are hoping to reach out to a few municipalities to better understand what is happening across the Country and how other Municipalities respond to various scenarios. I would be very grateful if anyone within the group would be willing to share directly with me atandrew.puchalski at mississauga.ca<mailto:andrew.puchalski at mississauga.ca> their experiences or if applicable to share comments with the group.

My questions are as follows :

1.      Do you keep an up to date tree inventory? If so, in what form (database, maps etc.)?
Comment:  To keep it up, you will need to update regularly.  Third party, web-based hosting is a good option, alternately, if you have a very adept GIS department, and they have the time, ArcGis live is great too.

2.      Are you able to determine tree ownership on site?
a.      Yes
b.      No
Comment: Most of the time, but have a drop down option to include an “unknown” option for you to send your survey team to give you the final word

3.      How is the property line determined in the field?
a.      Mapping software
b.      Road cross-section
c.      Water shut-off, mostly (90%)
d.      Other _Survey team to verify ones that are not absolute_______________________________________

4.      How are you able to determine ownership of trees (e.g. City of Mississauga trees are considered to be City assets if 50% or more of the tree trunk is present on the city road allowance)?
a.      If any portion of tree trunk is on the road allowance
b.      If 50% of tree trunk is on the road allowance
c.      If 100% of tree trunk is on the road allowance
d.      If any portion of the tree crown hangs over the road allowance
e.      Other __if any part of the flare or trunk straddles the line, it is shared____________________

5.      How do you classify your trees e.g. City owned, Private, Shared?
Comment: City, shared.  If private, you can keep the note, but would advise against keeping the data on the tree.  There will be some contentious ones though that will take up a lot of your time.

6.      How do you deal with trees that were/are in your inventory but were later determined private?
a.      Expire assets
b.      Expire assets and notify property owners
c.      Retain tree in inventory however switch ownership to status, be aware not to maintain the information though
d.      Retain tree as maintained by City
e.      Other __________________________________________________

7.      If work was previously performed on a tree later deemed private, how do you notify the resident about the changes in ownership? What are the legal obligations?
a.      No notification to property owner
b.      Notice from forestry staff left
c.      Other ____personal visit and discussion to the property owner, you may want to deal with the issue though knowing you only now are aware of the ownership and they have to understand why you cannot continue to maintain..._________________________________
Comment:

8.      How often does your inventory get updated?
a.      Tree inventory contractor
b.      In house staff
c.      Other ____updated overtime you do work, possible have students update batches each summer_____________________________

9.      Do you have a private tree bylaw?
a.      Yes
b.      No
Comment:

10.   Is there a legal responsibility for changing the ownership of a tree?
a.      Yes
b.      No
Comment:likely, but you are doing everything based on the information you now know.

Thank you for your help!


<image001.png>

Andrew Puchalski Hon. BSc., MMI, MFC
Forestry Inspector
T 905-615-3200 ext.8331
City of Mississauga<http://www.mississauga.ca/> | Community Services Department,
Parks and Forestry Division

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