[CANUFNET] precedence regarding: 'nuisance-tree' removal request / resolution - Linden

Fri Oct 20 19:13:22 EDT 2023

Hi Dan,

Many good points have been raised here. However, I have not heard anyone raising the option of controlling the invasive lime aphid (Eucallipterus tiliae) population on lindens in general. Have you tried this path as a mechanism to deter removal? The municipality I work for does control/knock down lime aphids on a service request basis and have sprayed the same tree more than once per season. We use insecticidal soap to help alleviate the 'nuisance' issues as well as prune above our usual standards on certain cases - like what you've already done. In addition to the 'ruined' paint on the vehicles, the honeydew tends to attract wasps in droves - not sure if you've experienced that yet.

Five years ago Lindens in our municipality seldom had issues like lime aphids and were readily planted by municipalities across the country due to their generally compact crown and were seemingly pest free. These aphids are unfortunately here to stay as they are now cosmopolitan. The impacts that invasive pests have on our municipal assets are at times difficult to address, but we've inherited these trees and now it is our duty to care for them. We've additionally inherited trees like Norway Maple which we all know too well the issues associated with that species.

Allowing the removal of trees that are a 'nuisance' is a slippery slope. To look at it from an arborist's perspective, this isn't a big deal - it's just one tree! But the decision to remove an otherwise healthy tree can have a ripple effect on the municipality on a larger scale (all Lindens must go!?) and may even set a precedent where other municipalities are also affected. The issue here is with a tree within the ROW. What about those on private property? Is there a private tree by-law in place? How would this decision affect those trees in the future?

Take spotted lanternfly for example. Another invasive species knocking on our doorstep which will also secrete honeydew. It is only a matter of time until we see this pest across Ontario - possibly Canada. I would invite you to look at some of the online videos about this pest in the USA. It makes the lime aphid look like a joke of an issue. Tree of heaven is one of the preferred hosts (maybe a good reason to remove this invasive tree on our landscape?) but are we to remove the other 172 plant species that are associated with this insect as they become infested?

I agree with Michael Rosen's comments stating that trees are inherently messy (- good article by the way) which also raises many perceived issues the public have. As a professional Forester in the urban setting, our role is to manage the forest by serving the public's interest. A large portion of this is also the everlasting task of educating the public. In general, I would argue that the public's interest is to conserve our healthy urban trees and to remove and replace those that are dead/dying/high risk. The threshold of 'nuisance' varies from person to person. So much, that a blanket nuisance tree exemption for removal could likely be exploited.

All the best,

Dan Bechard, R.P.F.
ISA Certified Arborist, TRAQ

________________________________
From: CANUFNET <canufnet-bounces at list.web.net> on behalf of Stephen Smith via CANUFNET <canufnet at list.web.net>
Sent: Friday, October 20, 2023 9:57:58 AM
To: 'Canadian Urban Forest Network' <canufnet at list.web.net>
Cc: stephen at ufora.ca <stephen at ufora.ca>
Subject: Re: [CANUFNET] precedence regarding: 'nuisance-tree' removal request / resolution - Linden

Hi all.

It’s hard to have a completely black and white approach.  There are consequences both ways.

We all know of individual trees that are a real eyesore, wrong tree in the wrong place, butchered by hydro and now the poor homeowner in a $5 million dollar house has a junky tree in the front yard that they would pay any amount to replace with a large specimen of a better tree with a better future and they aren’t allowed to because of municipal laws that we are all worried will set bad precedents. The tree devalues their house just by being there and looks like crap. An embarrassment to the neighbours. This is how they see it and always will, no matter how many environmental reasons we give them.

I understand why we need to, but is there another way?  Making them pay a lot of money is one way, many won’t be willing to pay for it.

If you give municipal employees written guidelines to follow they may interpret them too loosely (mostly, they’re busy and overworked so it’s easy to rubber stamp everything and the floodgates open) or too tightly (fight hard over every instance to find a way to stop it at all costs).

And you’d need to define it very clearly – black walnut or falling acorns nuisance, no; fruit trees, yes/no depends; white pine dripping sap on cars, maybe; horribly butchered tree or completely one sided conifer standing by itself, yes.  I had a client who had the space to replace a butchered linden with a tree spaded huge maple further back on their lawn and city council said no.

As my own yard was covered in acorns in the last few weeks I understand it personally (and my wife, an avowed oak lover now thinks it was a mistake to plant the oak on a ‘small lot’ now that it’s at an age that it makes a lot of acorns. By regulating trees too tightly we make them a threat to peoples personal lives and financial security. We have created a whole generation of people who hate trees because they lose control of their property. They opt for a serviceberry or pay cash in lieu when a tree has to come out and have no tree at all to retain control over their land. This is real, not an academic discussion.

Stephen Smith

Urban Forest Associates

Urban Forestry & Ecological Restoration

www.ufora.ca

Office/fax 416-423-3387

Cell 416-707-2164

From: CANUFNET <canufnet-bounces at list.web.net> On Behalf Of Naomi Zurcher via CANUFNET
Sent: Friday, October 20, 2023 3:22 AM
To: Canadian Urban Forest Network <canufnet at list.web.net>
Cc: Naomi Zurcher <treerap at sprintmail.com>
Subject: Re: [CANUFNET] precedence regarding: 'nuisance-tree' removal request / resolution - Linden

Hi Jennifer and Daniel.

I would suggest that this IS an ill-informed homeowner and anything you put in the tree’s place will instigate a pushback.

Is a smaller tree more suitable for the site??? Or is it “the tree” and whatever its attributes turned negative might be? There are people who just don’t like trees and will find any excuse to demand removal.

I also agree with Linda from the SOS tree Coalition that bending existing laws for a dodgy reason will surely open the floodgates to removal demands.

In addition, the tree is benefiting many more people than the unknowing homeowner and one needs to calculate the larger loss to the community, especially if the tree is healthy. Those Ecosystem Services along with the accompanying biodiversity are irreplaceable for generations.

A well written, well documented subtle but emphatic pushback that doesn’t mention names, published on the Municipality’s website, is the order of the day.

Naomi Zurcher

[cid:image001.png at 01DA033A.CB2161C0]

Arbor Aegis

Urban Forester / Consulting Arborist / I-Tree team affiliate member

6006 Luzern

Switzerland

On Oct 19, 2023, at 10:59 AM, Jennifer Koskinen via CANUFNET <canufnet at list.web.net<mailto:canufnet at list.web.net>> wrote:

Hi Daniel,

Perhaps this is not a  'nuisance-tree' issue - but can be looked at as  - wrong tree wrong location case. Remove the tree and plant a smaller species with the tree moved closer to the adjacent neighbour property line.  This large tree is growing between two driveways, and the homeowner has put cobblestones around the tree.  The City can look at it as rectifying a situation, a smaller tree suitable for the site (and using a species with no potential nuisance - so no fruit trees).  The homeowner may miss the shade this tree provided in the summer though.

Just an idea. Sometimes homeowners will not give up, and they may even find new projects to complete on their own property that may 'accidentlaly' kill the tree over time.

-jk

Jennifer Koskinen, HBESfcon,
ISA Certified Arborist ON-1234A

Senior Arborist
mobile: 519-778-5502
jennifer at jkconsultingarb.com<mailto:jennifer at jkconsultingarb.com>

JK Consulting Arborists

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

The content of this email is confidential property of JK Consulting Arborists and should not be copied, modified, retransmitted, or used for any purpose except with JK Consulting Arborists written authorization. If you are not the intended recipient, please delete all copies and notify us immediately.

On Wed, Oct 18, 2023 at 12:04 PM Daniel Corbett via CANUFNET <canufnet at list.web.net<mailto:canufnet at list.web.net>> wrote:

Good morning,

                On Monday October 16th (2023), our City Council heard a deputation from a Citizen requesting removal of this Linden tree due to the hardship it causes them (car and driveway washing – ‘ruined’ paint on the car).  There was, of course, significant correspondence with the Citizen (in advance of council) explaining other options and that we had followed process.  The Citizen was not interested in any option other than removal, which (removal) is contradictory to our bylaws and associated policies.

We have now completed a crown thinning (approximately 30%) to increase air flow and make the tree less habitable to aphids.  Council is deliberating to decide if they should make an exception to our tree bylaw, and allow the removal.  In my view, this could be like opening the flood-gates for any (every) other removal request having to due with ‘undue hardship’ to the home owner.

                Our ‘nuisance-tree issue’ policies are clear on our website and in our Urban-Tree bylaw.  Council may be looking to ‘make an exception’.  At council I was able to identify this decision could impact 150-250 ‘nuisance-tree’ removal requests per year.  If any of you could provide some guidance or support, provide documentation of a similar situation and how it was resolved…etc, I would greatly appreciate it.

The Citizen that made the deputation highlighted examples from Vancouver (which I have not fact-checked) in their deputation, so I can imagine our results could also affect your municipalities in the future.

Thank you in advance for your assistance.

Dan Corbett

[Daniel Corbett]

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