By-law No. 15, 2003
A BY-LAW OF THE CORPORATON OF THE COUNTY OF HURON TO PROHIBIT OR REGULATE THE DESTRUCTION OR INJURING OF TREES IN WOODLANDS IN THE COUNTY OF HURON.
WHEREAS s.135(2) of the Municipal Act, R.S.O. 2001, c.25, as amended, permits the enactment of a By-law by the Council of the County of Huron to prohibit or regulate the destruction or injuring of trees in woodlands;
AND WHEREAS Council may require that a Permit be obtained to injure or destroy trees in woodlands specified in the By-law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees [s.135 (7)];
AND WHEREAS Council has determined that it is desirable to enact such a By-law for the purpose(s) of improving the forest, soil, wildlife, fish and water resources of the County by conserving and improving the woodlands of the County;
Now therefore, the Council of the Corporation of the County of Huron enacts the Forest Conservation By-law as follows:
1. DEFINITIONS
In this By-law:
a) “AGS” (Acceptable Growing Stock) means trees suitable for retention in the stand for at least 1 cutting cycle. They are trees of commercial species and of such form and quality as to be saleable as sawlog products at some future date.
b) “Basal area” means the area of the cross section of the stem of a tree taken at a point of measurement 1.37 meters (4.5 ft.) above the point on the tree where the ground meets the stump.
c) “Building Permit” means a building permit issued under the Building Code Act, 1992, S.O. 1992, c23, as amended.
d) “Business Day” means any day falling on or between Monday and Friday of each week.
e) “Circumference” means the measurement of the perimeter or outer boundary of a stem or trunk of a tree with such measurement including the bark of the stem.
f) “Committee” means that Committee of Council where all matters dealing with forests shall be referred to as designated by the Procedure By-law of the County of Huron for consideration and report to Council.
g) “Coppice growth” means where more than one tree stem grows from a single tree stump.
h) “Council” means the Council of the Corporation of the County of Huron.
i) “County Clerk” means the County Clerk of the Corporation of the County of Huron.
j) “Diameter” means the diameter of the stem of a tree measured outside the bark at a specified point of measurement.
k) “DBH” (Diameter at Breast Height) means the diameter of the stem of a tree taken at a point of measurement 1.37 meters (4.5 ft.) above the ground.
l) “Good Forestry Practices” means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape; and
“Good Forestry Practices” permits the destruction or injury of trees that:
i. have been damaged by disease, insects, wind, ice, fire, lightning or other natural causes to an extent that the health of such trees is likely to deteriorate; or
ii. should be removed to prevent disease or insects from spreading to other trees.
m) “Officer” means an individual appointed by Council for the administration and enforcement of this By-law.
n) “Owner” means a person having any right, title, interest or equity in land.
o) “Own Use” means use that does not include a sale, exchange or other disposition of trees destroyed or injured.
p) “Permit” means the written authorization from the Officer as provided in Schedule G.
q) “Point of Measurement” means that point on the tree trunk measured above the highest point of the ground in an undisturbed state at the base of the tree. For coppice growth the point of measurement shall be at the point on the tree trunk where the tree stems separate provided such point of separation is less than 1.37 meters (4.5 ft.) from where the ground meets the stump. For purposes of this by-law, circumference measurements will always be taken at the highest possible point of measurement.
r) “Registered Professional Forester” as defined in the Professional Foresters Act, 2000, S.O. 2000, c.18.
s) “Tree” means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters (15 ft.) at physiological maturity.
t) “Tree Marker” means an individual who has demonstrated to the County of Huron the ability to mark trees according to the specifications set out in the by-law.
u) “Woodlands” means land at least 0.2 hectares (½ acre) and more in area with at least:
i. 1000 trees, of any size, at DBH, per hectare (400/ac.);
ii. 750 trees, measuring over five (5) centimeters (2 in.) in diameter at DBH, per hectare (300/ac);
iii. 500 trees, measuring over twelve (12) centimeters (5 in.) in diameter at DBH, per hectare (200/ac.);
iv. 250 trees, measuring over (20) centimeters (8 in.) in diameter at DBH, per hectare (100/ac); but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees.
2. GENERAL PROHIBITION
a) Except as provided in section 3, no person through their own actions or through any other person, shall conduct his operations so as to injure or destroy any living trees unless;
i. the person who is destroying or injuring trees does so in accordance with Good Forestry Practice as prescribed by:
1. Registered Professional Forester or;
2. a member in good standing of the Ontario Professional Foresters Association; and
ii. the person who is destroying or injuring trees, has only destroyed or injured those trees which have attained, at the specified point of measurement, the Circumference measurement which equals or is greater than the minimum Circumference prescribed for the species in Schedule “A” and the person who is destroying or injuring trees has abided by the requirements of Section 5 and has marked with paint, the trees to be injured or destroyed, clearly on at least two (2) opposite sides and the numbers of each species be tallied and indicated on Schedule “B”; and
iii. the injuring or destruction of trees has not reduced the basal area in that part of the woodlands, where trees have been destroyed or injured below 14 m²/ha., of trees 25cm. and larger, at DBH, of AGS stock (61 ft²/ac.of trees 10 in. and larger) as determined by using the method described in Schedule “F”; and
iv. the destruction or injuring of trees will not reduce the number of trees per hectare below the minimum number of trees per hectare required to be considered Woodlands unless cut as part of a woodland management plan.
v. the person who is destroying or injuring trees does so in accordance with Good Forestry Practices.
b) A person shall not;
i. fail to comply with an Order issued under this By-law;
ii. contravene the terms or conditions of a Permit issued under this By-law.
iii. operate a vehicle, machinery or equipment or conduct operations in a manner or at a time, that results in the leaving of any part of a tree in a watercourse including any trees that have not been cut, but have been pushed, knocked over or otherwise ended up in a watercourse.
c) except for work on municipal drains, if any tree removal is necessary due to the undertaking of any drainage work, notification of the County Clerk is necessary and every person intending to destroy or injure trees for the purpose of drainage work must comply with Section 5 herein; and
d) any tile drainage work through or adjacent to woodlands shall be constructed of closed tile in the part of the drainage work that goes through or adjacent to the woodland.
3. EXEMPTIONS
This By-law does not apply to:
a) activities or matters undertaken by a municipality or a local board of a municipality; or
b) activities or matters undertaken under a license issued under the Crown Forest Sustainability Act, 1994; or
c) the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or his or her agent, while making a survey; or
d) the injuring or destruction of trees imposed as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51, or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; or
e) the injuring or destruction of trees imposed as a condition to a development Permit authorized by regulation made under section 70.2 of the Planning Act or as requirement of an agreement entered into under the regulation; or
f) the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, for the purpose of construction and maintaining a transmission system or a distribution system, as those terms as defined in that Section; or
g) the injuring or destruction of trees undertaken on land described in a license for a pit or quarry or a Permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; or
h) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land,
i. that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and
ii. on which a pit or quarry is a Permitted land use under a By-law passed under section 34 of the Planning Act; or
i) the injury or destruction of trees where the owner of the trees has been granted an exemption by Council pursuant to section 4; or
j) the injuring or destruction of trees that is required in order to erect any building, structure or thing in respect of which a Building Permit has been issued and has taken into consideration the protection of trees surrounding the structure or work within the building envelope, provided that no tree is destroyed or injured that is located more than 15 meters (50 ft.) from the outer edge of the building, structure or thing and the County Clerk has been notified; or
k) the injuring or destruction of trees that is required in order to install or provide utilities to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued; or
l) the injuring or destruction of trees that is required in order to install and provide utilities to a single lane driveway for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; or
m) trees cut by the registered owner of the woodland for his or her own use, providing the trees are cut in accordance with Good Forestry Practices.
n) the injury or destruction of trees where the trees are destroyed or injured pursuant to a legally binding contract if:
i. the owner of the Woodlands has given notice under section 5; and
ii. the contract was signed within one (1) year immediately preceding the date on which this By-law was passed; and
iii. proof of the signed contract has been received by the Officer;
iv. the trees are injured or destroyed in a manner consistent with By-law No. 15, 2003.
v. the trees are injured or destroyed prior to (date given third reading by County Council).
For purposes of this By-law the following are not considered a tree as defined in 1(s); Thorn, Chokecherry, Wild Pear, Wild Apple, Buckthorn, Barberry, Dogwood, Mountain Ash, Grapevine, Willow and Ironwood.
4. COUNCIL EXEMPTION
a) In order to be considered for an exemption to Section 2 the owner of the Woodlands must apply to the County Clerk for an exemption at least 6 months prior to the anticipated commencement of injury or destruction of trees by submitting:
i. a completed application form as described in Schedule “C”; and
ii. the applicable fee of ($500.00) as set out by resolution of Council.
b) At least 21 business days prior to consideration of the application for an exemption the County Clerk shall send by ordinary mail, written notice to the applicant and all assessed owners of each parcel of land that abuts the applicants Woodlands for which an exemption is being sought.
The applicant shall erect and display a public notice regarding the exemption application at the entrance of the adjoining roadway to the land where the exemption is being sought in a position that is clear and visible to all persons and the notice shall be in the form of Schedule “D”. The sign shall be posted at least 15 business days prior to consideration of the application.
c) When granting a Permit for an exemption, Council may include any terms or conditions to its approval provided the terms or conditions are desirable for the appropriate development or use of the land on which the exemption is sought and the general purpose and intent of this By-law is maintained.
d) Provided that there have been no objections filed with the County Clerk and the Officer agrees that the general purpose and intent of this By-law is maintained, the Council may grant the Permit for the exemption in the form of Schedule “G”.
e) Upon the conclusion of the Committee meeting where the application for the exemption is considered, the Committee shall advise the persons in attendance of the date, time and location when Council will make a final determination on such application.
5. NOTICE OF INTENT
Every owner of Woodlands or person acting on behalf of the owner who intends to destroy or injure trees personally or through another person, under Section 2 of this By-law shall complete and submit to the County Clerk no less than 10 business days prior to the start of destruction or injury, all the information as prescribed in Schedule “B”.
6. PERMIT APPLICATIONS FOR EXEMPTIONS
a) Applications for Permits will not be processed if:
i. applications have not been completed in full; and
ii. the substantive requirements that must be submitted with an application have not been included; and
iii. applications are not in keeping with the general purpose and intent of this By-law; and
iv. the prescribed application fee, as set forth in Schedule “C” has not been paid in full.
b) A Permit in the form of Schedule “G” may be:
i. issued to the applicant for a term of 1 (one) year.
ii. renewed by Council for one term of 1 year(s) provided an additional prescribed application fee as set forth in Schedule “C” is paid.
7. APPEALS TO THE MUNICIPAL BOARD
An applicant for a permit under Section 6 may appeal to the Municipal Board if:
a) the municipality refuses to issue a Permit, within 30 days after the refusal; or
b) the municipality fails to make a decision on the application, within 45 days after the application is received by the County Clerk; or
c) if the applicant objects to a condition of the Permit, within 30 days after the issuance of the Permit.
8. ORDERS TO DISCONTINUE ACTIVITY
a) Where an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an order requiring the person who contravened the By-law or who caused or permitted the injuring or destruction of trees in contravention of the By-law to stop the injuring or destruction of trees. The order shall set out the information contained in Schedule “E”.
b) An order issued under this section may be served personally or served by sending it by ordinary mail to the last known address of;
i. the owner of the Woodlands; and
ii. the person identified as injuring, destroying or harvesting a tree or trees.
c) Where service of an order is made by mail, service shall be deemed to have been served on the fifth day after the order is mailed.
d) Where service cannot be carried out under section 8, subsection (b), it is deemed sufficient if the Officer places a placard containing the terms of the Order in a conspicuous place on the affected lands and the placing of the placard shall be deemed to be sufficient service of the Order on the person to whom the Order is directed.
e) If the person to whom the Order is directed is not satisfied with the terms of the Order, the person may appeal to Council by filing a Notice of Appeal by personal service or registered mail to the County Clerk within 30 days of the date of the Order.
f) Where an appeal has been filed, Council shall hear the appeal within 60 days and have all the powers and functions of the Officer.
g) Before conducting a hearing under this section, the County Clerk shall give notice to such persons or direct that notice be given to such persons as the County Clerk considers should receive notice and in the manner directed by the County Clerk.
h) After hearing an appeal, Council may confirm or revoke any Order issued under this By-law or may issue a Permit with conditions, provided that in the opinion of the Council, the general intent and purpose of this By-law has been maintained.
i) The proceedings at the hearing held by Council shall be in accordance with the provisions of the Statutory Powers Procedures Act, R.S.O. 1990, c.22. The decision of the Council under this section is final.
9. PENALTY
a) Any person who contravenes any provision of this By-law, or an order issued under section 8 is guilty of an offence and is liable:
i. on first conviction, to a fine of not more than $10,000 or $1,000 per tree, whichever is greater; and
ii. on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per tree, whichever is greater.
b) If a person is convicted of an offence for contravening this By-law or an Order issued under section 8, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the person to rehabilitate the land or to plant or replant trees in such a manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the trees.
10. ENFORCEMENT
a) This By-law shall be enforced by an Officer appointed by the municipality.
b) An Officer may at any reasonable time enter and inspect any land to determine whether this By-law, an Order or a condition of a Permit is being complied with.
c) Any person, who obstructs or interferes with an Officer in the discharge of his or her duties under this By-law, shall be considered in violation of this By-law.
11. ADMINISTRATION
a) Schedules “A-G” shall form part of this By-law.
b) If any section or sections of this By-law or parts thereof are found by any Court to be illegal or beyond the power of the Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of this By-law shall be deemed to be separate and independent there from and continue in full force and effect unless and until similarly found illegal.
c) The short title of this By-law is the “Forest Conservation By-law”.
d) By-law No. 23, 1986 of the Corporation of the County of Huron shall be repealed effective on the coming into force and effect of this By-law.
e) Despite subsection (d) of this section, By-law No. 23 of the Corporation of the County of Huron shall continue to apply to proceedings in respect of offences that occurred before its repeal.
Read a first time July 3, 2003
Read a second time July 3, 2003
Read a third time
BARBARA A. LEAMEN, County Clerk DAVE URLIN, Warden
.........................
WARDEN
.........................
COUNTY Clerk
For purposes of this By-law, circumference measurements will always be taken at the highest possible point of measurement.
SCHEDULE “A”
CIRCUMFERENCE LIMITS BY TREE SPECIES
SPECIES “A”
Maple (Hard) - Sugar, Black
Ash - White
Point of Measurement Circumference Diameter
46 cm. (18 in.) 160 cm. (63 in.) 51 cm. (20 in.)
31 cm. (12 in.) 175 cm. (69 in.) 56 cm. (22 in.)
20 cm. (8 in.) 191 cm. (75 in.) 61 cm. (24 in.)
10 cm. (4 in.) 224 cm. (88 in.) 71 cm. (28 in.)
SPECIES “B”
Maple (Soft) - Red, Silver
Basswood
Ash - Red, Green
Hemlock - Eastern
Oak - Red, White, Bur, Swamp
Pine - White
Walnut - Black
Point of Measurement Circumference Diameter
46 cm. (18 in.) 145 cm. (57 in.) 46 cm. (18 in.)
31 cm. (12 in.) 160 cm. (63 in.) 51 cm. (20 in.)
20 cm. (8 in.) 175 cm. (69 in.) 56 cm. (22 in.)
10 cm. (4 in.) 208 cm. (82 in.) 66 cm. (26 in.)
SPECIES “C”
Ash - Black
Beech - American
Butternut
Cherry - Black
Elm - Red, Rock, White
Hickory - all species
Poplar - Cottonwood
Spruce` - White, Norway
Hackberry
Pine - Red
Point of Measurement Circumference Diameter
46 cm. (18 in.) 127 cm. (50 in.) 41 cm. (16 in.)
31 cm. (12 in.) 145 cm. (57 in.) 46 cm. (18 in.)
20 cm. (8 in.) 160 cm. (63 in.) 51 cm. (20 in.)
10 cm. (4 in.) 191 cm. (75 in.) 61 cm. (24 in.)
SPECIES “D”
Cedar - Red, White
Larch - all species
Pine - Jack, Scotch
Poplar - Trembling Aspen, Large Toothed Aspen, Balsam
Birch - White, Yellow
Spruce - Black
Point of Measurement Circumference Diameter
46 cm. (18 in.) 64 cm. (25 in.) 20 cm. (8 in.)
31 cm. (12 in.) 79 cm. (31 in.) 25 cm. (10 in.)
20 cm. (8 in.) 97 cm. (38 in.) 31 cm. (12 in.)
10 cm. (4 in.) 127 cm. (50 in.) 41 cm. (16 in.)
SCHEDULE “B”
County of Huron
NOTICE OF INTENT
PURSUANT TO FOREST CONSERVATION BY-LAW NO. 15 , 2003
Completed Notice of Intent to be submitted to the County Clerk’s Office, 1 Court House Square, Goderich, Ont. N7A 1M2 Tel: 519-524-8394 Fax: 519-524-2044 at LEAST 10 DAYS PRIOR TO THE PROPOSED COMMENCEMENT OF THE DESTRUCTION OR INJURY OF TREES.
PLEASE PRINT All sections are to be filled out completely on this Notice. Failure to do so will result in making this Notice of Intent null and void and will be returned to the applicant for correction.
Property Owner: _____________________________________________________
Address: ____________________________________________________________
Postal Code: ___________________ Tel: _________________________________
Fax: ______________________________ E-mail: ___________________________
Contractor: (if different from above) ______________________________________
Address: ____________________________________________________________
Postal Code: ____________________ Tel: _________________________________
Fax: ______________________________ E-mail: ___________________________
Person in charge of the harvest of trees: __________________________________
Expected Starting Date: ___________________________________________________
Location of Woodland: Lot ______ Con. _______
Municipality ___________________ Ward __________________
911 Address ______________________________
Reason for Removal: Commercial Timber Harvest ____ Stand Improvement ____
Firewood Removal _____ Other ___________________________________________
Approximate Size of Woodland: ___________________________________________
Area of Harvest: (indicate on sketch) ________________________________________
Will trees smaller than the diameter limit specified in the by-law be cut? Yes ___ No ___
If yes explain: ___________________________________________________________
Trees Marked by: _______________________________________________________
Mailing Address: _________________________________________________________
Tel. ______________________________ E-mail _______________________________
Qualifications: ___________________________________________________________
It is the responsibility of the owner or authorized agent to have marked with paint, on 2 sides, all the trees to be harvested with this Notice of Intent.
If the woodland will not be harvested within 12 months of receipt of this Notice of Intent, it will become null and void.
TREE HARVEST SUMMARY
(A legible tally sheet can be substituted and attached)