[CANUFNET] CANUFNET Digest, Vol 229, Issue 4

Wed Apr 17 12:19:19 EDT 2024

Hi,
The City of Barrie has considered heritage trees in their Tree Protection Manual:

https://www.barrie.ca/Tree-Protection-Manual.pdf

See Section 5 (pdf p.23), and Appendix 4 (pdf p.36) has a comprehensive methodology and application package for nominating a heritage tree.

I don't have experience with this process, and as I understand, there are very few trees in Barrie that have been designated.

Hope this helps.

Geri Poisson, B.A. (Hons.), Dipl. Eco. Restoration (he/him)
Senior Ecologist, ISA Certified Arborist
BEACON ENVIRONMENTAL
6 Cumberland Street, Barrie, ON L4N 2P4
T) 705.302.7813   C) 705.828.1196
http://www.beaconenviro.com/

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Today's Topics:

   1. Re: Heritage Trees (Alex  Satel - UFI)
   2. Re: Heritage Trees (Tyler Searls)

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Message: 1
Date: Tue, 16 Apr 2024 17:12:24 +0000
From: "Alex  Satel - UFI" <asatel at ufis.ca>
To: Canadian Urban Forest Network <canufnet at list.web.net>, "UMass
        Extension (Dr. Rick Harper Urban Forestry Today)" <uft at umass.edu>
Subject: Re: [CANUFNET] Heritage Trees
Message-ID:
        <YT1PR01MB2890DB006E01C008A521849FD1082 at YT1PR01MB2890.CANPRD01.PROD.OUTLOOK.COM>

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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

Where the Symphony of Soil Health Resonates. Join us on a journey to revive the earth beneath your feet, embracing a regenerative dance with nature. Through our innovative biological solutions, we breathe life back into the soil naturally. Together, lets revive and nurture vibrant ecosystems where plants thrive naturally!

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Message: 2
Date: Tue, 16 Apr 2024 22:47:47 +0000
From: Tyler Searls <tyler at diamondheadconsulting.com>
To: "UMass Extension (Dr. Rick Harper Urban Forestry Today"
        <uft at umass.edu>, Canadian Urban Forest Network <canufnet at list.web.net>
Subject: Re: [CANUFNET] Heritage Trees
Message-ID:
        <YQBPR01MB1077197875B13448F88CE73F1B3082 at YQBPR01MB10771.CANPRD01.PROD.OUTLOOK.COM>

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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