[CANUFNET] Heritage Trees

[Tyler Searls]

Hi Mark,

I believe heritage registries are more common in Ontario than bylaws tailored specifically to heritage trees. I have some sense of why this might be the case.

You may be aware: 134(12) of the Municipal Act exempts planning approvals for plan of subdivision, site plan control, and consent from the requirements of a tree bylaw. This legislative context differs from BC, and likely from other provinces as well.
Allot of development would fall under one of those processes, even in a small town. The effectiveness of a heritage tree bylaw might then only be effective in some contexts.
This is of course only speaking to development-related removals.

I can’t think of a reason why a heritage tree bylaw couldn’t be adopted for the handling of circumstances outside those mentioned above.
I would also think there could be a heritage tree section added to a pre-existing tree bylaw to prescribe the treatment of heritage trees, specifically.

The Heritage Act gives municipalities the powers to gives municipalities powers to preserve heritage properties through a register. There are criteria for registration<https://www.canlii.org/en/on/laws/regu/o-reg-9-06/latest/o-reg-9-06.html>. I believe these are generally thought to protect properties rather than trees. I am aware of some cases where a registered property has resulted in the protection of trees on-site. However, I’m not aware of many cases where trees have been the principal driver for heritage designation under that Act. Registries like OUFCs Heritage Tree Program exist, but I wouldn’t be the one to speak to what registration there means in terms of practical protections.

Tyler Searls, RPP, RPF (he/him) | Urban Forest Planner
3559 Commercial Street | Vancouver | V5N 4E8
Diamond Head Consulting<http://www.diamondheadconsulting.com/> P 604.733.4886<tel:604.733.4886> C 705.795.9846<tel:604.733.4886>

From: CANUFNET <canufnet-bounces at list.web.net> On Behalf Of Mark Carroll via CANUFNET
Sent: Tuesday, April 16, 2024 7:56 AM
To: UMass Extension (Dr. Rick Harper Urban Forestry Today) <uft at umass.edu>; Canadian Urban Forest Network <canufnet at list.web.net>
Cc: Mark Carroll <environment1st at rogers.com>
Subject: [CANUFNET] Heritage Trees

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Good day to all

This is where we are with developing a heritage tree bylaw.



"Developing a heritage tree bylaw or policy is a great initiative for preserving the natural heritage of your town. While the Ontario Heritage Act provides a framework for heritage preservation, creating additional measures specific to trees can further enhance conservation efforts. Here are some suggestions and examples you might find helpful:

  1.  Research Existing Policies: Look into other municipalities in Ontario or even beyond that have implemented successful heritage tree bylaws or policies. Some examples include Toronto's Significant Tree Bylaw and Vancouver's Heritage Trees Program. Analyze their frameworks, criteria for designation, and enforcement mechanisms to glean insights for your own policy.

  1.  Define Criteria for Designation: Establish clear criteria for designating heritage trees, considering factors such as age, size, rarity, historical significance, cultural importance, and ecological value. This ensures that only trees meeting specific criteria receive protection."

I am looking for anyone or City or Town that might have a good heritage tree bylaw or policy. I am looking to develop one for a small Town in Ontario. We want it to go above and beyond the Ontario Heritage Act or designation. If anyone knows of some good wording or examples that will preserve some of the more recognized or larger trees within a municipality.

Thank you for your attention to this request,

Mark Carroll
ISA Certified Arborist
Municipal Consultant
Certified Soil Biologist

Dirt to Soil Inc.
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