[CANUFNET] Heritage Trees

[Julian Dunster]

Out in BC it is not unusual to see tree bylaws with a Significant Tree 
definition and a list of said trees by address as an Appendix. 
Prohibitions against removal of Protected trees includes Significant 
tree. Saanich is a good example of that approach. I suspect that being 
on the list may be a voluntary approach rather than a requirement.

https://www.saanich.ca/assets/Local~Government/Documents/Bylaws~and~Policies/tree-protection-bylaw-2014-no-9272.pdf

Yours sincerely,

On Behalf of Dunster and Associates Environmental Consultants Ltd.

  

  

Dr. Julian A Dunster R.P.F., R.P.P.., M.C.I.P., ISA Certified Arborist,
ASCA Registered Consulting Arborist # 378,
ISA Tree Risk Assessment Qualified
Honourary Life Member ISA + PNWISA

www.dunster.ca		www.treelaw.info		North American distributor for Rinntechwww.rinntech.info

On Wed/4/17/2024 1:03 PM, Mark Carroll via CANUFNET wrote:
> Hi Elaine
>
> You gave me a great idea!!!!
> A designation of "Remarkable Trees".
>
> Would this not be a great designation for municipalities to have to 
> set presidents. A "Remarkable Tree Designation" for those trees that 
> do not have a Heritage Designation on them. A tree special to the 
> community.
>
> We now just need the wording to go along with this designation.
>
> I am putting this out there right now. I need wording or suggestions 
> for a "Remarkable Tree Designation".
>
> I am going to start this,
>
> /Remarkable Tree Designation/
>
> /This certificate proudly designates [Tree Name/Location] as a 
> Remarkable Tree within our community. While not bound by age, these 
> trees hold profound significance, embodying the essence of our natural 
> heritage and serving as steadfast witnesses to the passage of time./
>
> /With their towering presence or graceful canopy, these remarkable 
> specimens enrich our landscape, offering shade, shelter, and solace to 
> all who encounter them. Their branches reach out like embracing arms, 
> fostering a sense of belonging and interconnectedness among residents 
> and visitors alike./
>
> /Beyond their botanical beauty, these trees harbor stories of 
> resilience, perseverance, and adaptation. They have weathered storms, 
> witnessed celebrations, and silently stood witness to the unfolding 
> narrative of our community./
>
> /As stewards of our environment, we recognize the invaluable role 
> these trees play in purifying our air, mitigating climate change, and 
> providing habitat for countless species of flora and fauna./
>
> /May this designation serve as a testament to the enduring legacy of 
> [Tree Name/Location], inspiring future generations to cherish, 
> protect, and celebrate our natural heritage./
>
>
> This may be the start of a whole new designation for trees in our 
> neighbourhoods.
> Thanks Elaine
>
> We also need to lay out the process of this designation...There needs 
> to be a good reason to have the designation attached to the tree.
> , such as paragraph 2 in my suggestion.
>
> Thanks all
>
> /Mark Carroll/
> /ISA Certified Arborist/
> /Certified Soil Biologist/
> /Municipal Consultant/
> /
> /
> /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!/
>
>
>
>
> On Wednesday, April 17, 2024 at 11:27:33 a.m. EDT, Elaine Ethier via 
> CANUFNET <canufnet at list.web.net> wrote:
>
>
> 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.
>
>  2. *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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