[CANUFNET] Heritage Trees

Elaine Ethier elaine.ethier at umontreal.ca
Sat Apr 27 20:00:08 EDT 2024


Hello, it’s more than political, dialogues aren’t connecting, no cross bordering, it’s about urban planners, architects, developers, landscape architects, tree man and women, private or public land.
There is an intolerance between professionals such as urban forestry engineer, trained arborist, certified arborist, plant biologist, horticulture professionals to mention a few. A Nice Héritage town north of Montreal along the thousand island river has last fall, obliged resident to have an urban forestry engineer to assess eight spruces along the limit property of two homes. One tree had fallen on a pool pavilion. thank God it was a rainy day, no one got hurt. The town imposed its own contractual urban forestry engineer who decided not to allow any cutting of any other spruces that were over 45 years old and at least three stories high planted by previous owners so tight together that they had weakened twisting trunks with heavy weight crowns atop. Three weeks ago, the 7 remaining spruces got severe torsion/contraction with winds and heavy snow. Six of these trees fell. Breakage, hydro power endangering several homes, no electricity fors four days, thank God nobody got hurt. The last spruce fell a week ago. The cost, obliged by the town last fall was an expense of 11 000$ to cut one spruce, install stays one one. The town sits on a high water table, trees do not establish root systems as deep or large in limited gas exchange. This point is about an urban forestry engineer biased. Calling other specialists as unregistered, who observed the trees and their senescence. And overviewed human safety. No one could contradict this engineer.
Situational decisions can be worst than this. This is a real time example.  Let’s say that mayors, town committees, urban planners, landscape architects and landscape professionals,  arborists, condo syndicates, administrative legions and population are not well informed by some municipalities’s professionals.

Elaine Ethier
Consultante
Milieu de vie - foresterie urbaine

Le 27 avr. 2024 à 08:54, Mark Carroll <environment1st at rogers.com> a écrit :

Thank you all for the great information on heritage trees and examples of how to designate them. Now if we can only get the politicians to accept designation.

There has to be a concerted effort to preserve those trees that benefit our communities. It seems that we are too accepting just to cut big trees down and plant new ones. We will never be able to replace those trees that have adapted to our ever changing urban habitats and managed to keep growing no matter what happens around them.

Mark

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On Thu, Apr 18, 2024 at 2:39 a.m., Jack Radecki
<jackandali at sympatico.ca> wrote:

The definition of a Heritage Tree has been in place for some time as prepared by Dr. Paul Aird. (recently deceased) Please visit www.oufc.org<http://www.oufc.org/> and follow the link for Heritage Trees. There is a Heritage Tree Toolkit authored by OUFC as  noted by Peter Wynnyczuk present day OUFC ED.

Jack Radecki



What is a heritage Tree? (Paul Aird)



A heritage tree is a notable specimen because of its size, form, shape, beauty, age, colour, rarity, genetic constitution, or other distinctive features;



A living relic that displays evidence of cultural modification by Aboriginal and non- Aboriginal people e.g. strips of bark or knot–free wood removed, test hole cut to determine soundness, furrows cut to collect pitch or sap, or blazes to mark a trail;



A prominent community landmark;



A specimen associated with a historic person, place, event or period;



A representative of a crop grown by ancestors and their successors that is at risk of disappearing from cultivation;



A tree associated with local folklore, myths, legends or traditions;



A specimen defined by members of a community as deserving heritage recognition.





From: CANUFNET <canufnet-bounces at list.web.net> On Behalf Of Mark Carroll via CANUFNET
Sent: April 17, 2024 4:04 PM
To: Canadian Urban Forest Network <canufnet at list.web.net>
Cc: Mark Carroll <environment1st at rogers.com>; UMass Extension (Dr. Rick Harper Urban Forestry Today) <uft at umass.edu>
Subject: Re: [CANUFNET] Heritage Trees



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<mailto: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<mailto: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<mailto:asatel at ufis.ca>
urbanforestinnovations.com





From: CANUFNET <canufnet-bounces at list.web.net<mailto: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<mailto:uft at umass.edu>>; Canadian Urban Forest Network <canufnet at list.web.net<mailto:canufnet at list.web.net>>
Cc: Mark Carroll <environment1st at rogers.com<mailto: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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