[CANUFNET] Heritage Trees

Wed Apr 17 11:44:14 EDT 2024

Further to the question posed.
There is a book used to hep define heritage trees published by the 
Ontario Urban Forest Council that was used for the Forest 
Ontario/Ontario Urban Forest Council  program to help provide guidelines 
for the information needed to designate a heritage tree.
 In the City of Toronto example, it would be Council that would have to 
authorize the removal in my understanding, not staff.
Respecting Municipal bylaws and Heritage trees you have to be prepared 
to justify the reason for the designation, rest of the property deemed 
heritage,  and what conditions are placed for maintenance, care and 
retention steps.
As we are dealing with a living entity, and the prevalence of unusual 
weather events, care and monitoring are key after designation. Can the 
homeowner afford it?
  If on public lands, does the municipality have the resources to 
maintain and care?
Also another layer could be with a willing private owner to register the 
tree protection on title, which may be considered "baggage" on any sale 
of the lands, and would be open  to de-registration requests to be 
reviewed by the municipality.
This would likely need a survey showing the tree and area of non 
disturbance to help protect the tree and rooting structure and maybe two 
page agreement.
 Typically the Heritage Act has been the primary tool to help assign 
trees through this multiple layers approach starting with the 
municipality designation.
If you want to discuss offline, please email.
Regards,
Peter Wynnyczuk

------ Original Message ------
From: canufnet at list.web.net
To: canufnet at list.web.net; uft at umass.edu Cc: asatel at ufis.ca
Sent: Tuesday, April 16th 2024, 13:12
Subject: Re: [CANUFNET] Heritage Trees

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.

Biological Solutions to Growing and Caring For Plants
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