[CANUFNET] FW: Looking for Feedback on Newmarket's New Draft Private Tree Bylaw

[Julian Dunster]

I had a quick look through. Be very careful what you wish for. After 
around 30 years of working with these in BC I see more problems than 
solutions these days.

ARBORIST this should be Registered Consulting Arborist with ASCA. Almost 
anyone can be a member of ASCA but that proves nothing.

HAZARDOUS - definition has problems both legal and practical. The 
approach should be based on the ISA Tree Risk Assessment Qualification 
and the ISA BMP for Tree Risk Assessment. You should require a risk 
assessment using the TRAQ methodology as a prerequisite for defining 
hazard. Some may feel a moderate risk tree is a hazard. How do you deal 
with that? Who makes the decision and can it be defended in court at a 
prosecution?

INJURE/INJURY - you have conflated destruction with injury. An injury 
may be minor or major but the tree may (often does) survive it. Not all 
injuries automatically lead to death of the tree. Be careful with this 
definition.

NUISANCE tree - be very careful with this. As written it has large legal 
implications, some of which I doubt you really want. I suggest leaving 
it out. Read chapter 4 of Trees and the Law in Canada. As written this 
is a huge can of worms to include.

jd

On Behalf of Dunster and Associates Environmental Consultants Ltd.


Dr. Julian A Dunster R.P.F., R.P.P.., M.C.I.P., ISA Certified Arborist,
ASCA Registered Consulting Arborist # 378,
ISA Tree Risk Assessment Qualified
Honourary Life Member ISA + PNWISA

North American distributor for Rinntech
www.dunster.ca
www.treelaw.info
www.rinntech.info

On Mon/8/30/2021 9:13 AM, Hettmann, Joerg via CANUFNET wrote:
>
> As per our earlier discussion.
>
> *From:*Hettmann, Joerg
> *Sent:* August 30, 2021 11:29 AM
> *To:* 'canufnet at list.web.net' <canufnet at list.web.net>
> *Subject:* Looking for Feedback on Newmarket's New Draft Private Tree 
> Bylaw
>
> The Town of Newmarket is looking to create its first Private Tree 
> Bylaw.  We are looking for your feedback to help us build the 
> framework to  manage our urban private tree canopy.The link to the 
> webpage is here <https://www.heynewmarket.ca/privatetreeprotection>. 
>  I have also attached a PDF version for convenience.
>
> Thank you in advance for any thoughts, comments and suggestions.
>
> cid:image001.jpg at 01D09210.12CEF730
>
> 	
>
> *Joerg Hettmann, R.P.F.
> *Forestry Supervisor
> Public Works Services
>
> 905-953-5300, ext. 2573
> 905-953-5319 (fax)
> jhettmann at newmarket.ca <mailto:dprendergast at newmarket.ca>
> www.newmarket.ca <http://www.newmarket.ca/>
> Follow us onTwitter <http://www.twitter.com/>@townofnewmarket
> Newmarket: A Community /Well/ Beyond the Ordinary
>
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