[CANUFNET] Municipal Tree Risk Assessment Policies

[Jack Radecki]

Thank you Peter

 

I am understanding more that tree inspection policies at least are in place
for municipalities. There are property standards bylaws as well.  I will be
undertaking this research next. I always wonder how many municipalities
actually have Tree Risk Assessment Policies in place? Perhaps for the ones
that do they could share with us? This particular tree was an extreme risk
prior to casualty easily identified by my experience and skills.

 

Jack Radecki

 

From: CANUFNET <canufnet-bounces at list.web.net> On Behalf Of Peter Shields
via CANUFNET
Sent: October 19, 2022 10:59 AM
To: Canadian Urban Forest Network <canufnet at list.web.net>
Cc: Peter Shields <peter.shields1 at hotmail.com>
Subject: Re: [CANUFNET] Municipal Tree Risk Assessment Policies

 

Hello Jack,

 

It has been my experience these details are in the actual bylaw. Some have a
line stating they can enter adjacent lands to mitigate where a tree may
negatively impact infrastructure.  Some have the ability to issue an order
to a tree owner for the same. And if they do not, they can sometimes put the
costs on their tax bill. Generally, they only manage Municipal Trees, not
private trees.

 

It is impossible all risks are known to the municipality. Also, extreme
risks are very rare as they are usually dealt with immediately so I may
suggest to exercise caution in deeming a tree as such post casualty. Tree
owners have a duty of care, including their trees and what a reasonable
understanding of risks may be.

 

One last thing, municipalities generally do not assess private trees. If
there is an obvious inherent risk, sometimes they may notify if seen. These
would be for trees that are failing imminently or deemed an actual hazard.
This is critically important to distinguish.

 

It sounds like it should be provable the municipality knew about the extreme
risk and did not do anything to mitigate.

 

Cheers,

 

 

Peter Shields
RCA, ISA BCMA, TRAQ
 
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From: CANUFNET <canufnet-bounces at list.web.net
<mailto:canufnet-bounces at list.web.net> > on behalf of Naomi Zurcher via
CANUFNET <canufnet at list.web.net <mailto:canufnet at list.web.net> >
Sent: Wednesday, October 19, 2022 9:53:56 AM
To: Canadian Urban Forest Network <canufnet at list.web.net
<mailto:canufnet at list.web.net> >
Cc: Naomi Zurcher <treerap at sprintmail.com <mailto:treerap at sprintmail.com> >
Subject: Re: [CANUFNET] Municipal Tree Risk Assessment Policies 

 

Does the municipality have a Right-of-Way ordinance which would have changed
the status of the private tree to a public tree given its proximity to a
publicly accessible roadway? 

 

Naomi Zürcher





On Oct 19, 2022, at 9:02 AM, Jack Radecki via CANUFNET
<canufnet at list.web.net <mailto:canufnet at list.web.net> > wrote:

 

I posted this morning on the American Society of Consulting Arborists
Listserve the post as shown below. I know that many municipal tree managers
subscribe to CANUFNET with hopes of getting an opinion or even a
confirmation from within the Tree Risk Assessment Policy. Anyone is welcome
to provide their opinions here. See below.

 

“I am looking for precedents or opinions on private trees targeting
municipal rights of way. In this case a badly decayed willow had fallen
across a roadway injuring a pedestrian. There was no sidewalk and the tree
fell across the whole roadway. I have reviewed pictures showing extensive
decay in a large open wound on the main stem easily visible from the
roadway. This tree would easily have been labelled as an extreme risk for
failure by a competent tree inspector. I do note that the shoot growth and
foliage size and colour was still good despite the structural defect. As
target is one of the 3 main components of tree risk assessment, should the
municipality showed due diligence in inspecting this private tree targeting
the road allowance that pedestrians frequently use? Does the responsibility
fall to the municipality to note and take steps (action) to have the tree
removed in terms of notice to the owners? Now that the tragedy has occured
and litigation has begun what can be expected as a result? Remember that
this is a private tree. I wonder how many municipal tree risk assessment
policies include private trees? In 2005 I was retained within a coroners
inquest sadly for a child death on an educational trail at a botanical
garden. As a result of the decision from the inquest a mandate was initiated
to have all Conservation Authorities, Municipalities and Private
Institutions create and maintain a Tree Risk Assessment Policy.”

Jack Radecki RCA 342 Lindsay, Ontario, Canada

 

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