[CANUFNET] Heritage Trees

Tue Apr 16 19:43:02 EDT 2024

Hello,
 I have evaluated a red oak in the western part of Laval on the North shore of Montreal,  the tree is still standing on a small private property on or about 2 m from the drip line and limit, this oak is about 75 years old, has no breakage, there is a high water table as it sits in between two rivers nevertheless a neighbour thought it was disturbing with all the falling leaves and small broken branches eaten away by squirrels for the last seasonal acorns. It became litigious, a legal case…  the neighbour sent lawyer legal Quebec law summoning owners to cut, trim, or take down deciduous trees nearing fences, even if away from the housing or dependencies. to my client the city of Laval could not provide a status quo for that red oak. I surveyed 4 km radius and found one juvenile oak planted by a residential owner. Took @ lawer, wrote to the offended neighbor, went to the the urban planning, met with arborist in charge to issue a heritage protection plan for remarkable trees for that tree and guess what? Three years later, there is no register of privately owned remarkable trees for the sector. Neither in Hudson Qc, a heritage town along the lake of Two Mountains, part of the Ottawa River.

Elaine Ethier
Consultante
Milieu de vie - foresterie urbaine

Le 16 avr. 2024 à 13:14, Alex Satel - UFI via CANUFNET <canufnet at list.web.net> a écrit :

Hi Mark,

Interesting question.

Just off the top of my head, I can’t recall any Ontario municipalities with a standalone “heritage tree by-law” except for the Town of Gananoque (By-law 2006-03), but it’s fairly weak and gives private landowners “the final say” when it comes to removal even of committee-designated Heritage Trees in the context of development.

A number of other municipalities have provisions in their tree by-laws that list heritage designation (either under the Heritage Act, the Forests Ontario Heritage Trees Program, or the municipality’s own designation criteria/process) as potential grounds for permit refusal if the tree would otherwise be subject to a tree removal/injury permit (by virtue of DBH or whatever other regulating factors).

For example, Toronto’s private tree by-law allows for the refusal of a permit for a designated heritage tree or a tree that the general manager thinks should be designated:

“813-8. Review of applications; criteria.

The General Manager shall consider the following criteria prior to issuing or refusing to issue a
Permit:
…
K. Whether or not a tree is a heritage tree or should be protected as a heritage tree.”

I’m not sure how often that particular discretion is exercised, but as written it’s fairly wide open to provide grounds for protection (by way of refusal to issue a permit). I’d say that’s pretty good.

A quick search suggests related provisions in by-laws in Barrie, Guelph, Mississauga, Niagara Region, and Oakville, among others.

Given that the provisions are generally fairly similar across these by-laws in relation to heritage trees, it’s not clear what would make one by-law objectively better than another in this regard, other than enforcement/implementation and educating residents about the importance of heritage trees and the existence of said by-law.

Hope this helps.

--Alex

Alexander Satel, MFC
Urban forestry and arboricultural consultant
ISA Certified Arborist ON-1353A
ISA Tree Risk Assessment Qualified (TRAQ)

Urban Forest Innovations, Inc.
1331 Northaven Drive
Mississauga, ON L5G 4E8
T: (905) 274-1022
asatel at ufis.ca
urbanforestinnovations.com

From: CANUFNET <canufnet-bounces at list.web.net> On Behalf Of Mark Carroll via CANUFNET
Sent: Tuesday, April 16, 2024 10:56 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

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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