FAQs : Urban Tree Conservation By-law: Rainer Bloess

FAQs : Urban Tree Conservation By-law

Q1: What is the Urban Tree Conservation By-law?A1: The Urban Tree Conservation By-law requires a City-approved tree conservation report to remove trees 10 centimetres or greater in diameter on urban properties greater than one hectare in size. On properties one hectare or less, it requires a tree permit to remove distinctive trees, which are trees 50 centimetres or greater in diameter (or 157 centimetres circumference). The by-law applies to all species of trees on all privately owned properties within the urban area of the city, as defined by the Official Plan.

Q2: Why did the City enact this by-law?A2: In the past, the City has had limited ability to ensure the conservation of trees on private property. There was no process in place to prevent the clearing of forests in suburban areas before development occurred, or to regulate the cutting of large, distinctive trees that stood out in Ottawa’s communities. Many residents look to the City to preserve Ottawa’s tree coverage and many have asked the City to regulate tree cutting. The by-law will help the City conserve trees in the urban area, three quarters of which are on private property.

Q3: When does the by-law come into effect?A3: The provisions regulating tree cutting on properties greater than one hectare are now in effect. The distinctive tree provisions for properties one hectare or less come into effect on September 1, 2009, to allow the City time to adequately inform residents of this new by-law.

Q4: Where is the urban boundary?

A4: The City of Ottawa’s Official Plan defines the urban boundary. The Rural Policy Plan in schedule A of the Official Plan shows the urban boundary. If you are not sure of whether or not your property is located within the urban boundary, call 3-1-1, or e-mail urbantree@ottawa.ca.

Q5: Does this by-law apply to the rural areas of the city?A5: The by-law currently applies to only the city’s urban area, with one exception. Within the rural area, the by-law only applies to a small component of land in the east end along the Ottawa River, between the urban boundary and Ted Kelly Lane. This is shown on schedule C of the by-law. Council has directed staff to report back to the Agriculture and Rural Affairs Committee in the fall on the possibility of extending the by-law’s provisions to include Official Plan designated environmental areas, including Rural Natural Features, Natural Environment Areas and Provincially Significant Wetlands, that are located within one kilometre of the urban boundary. The by-law also does not apply to normal farming practices, orchards, tree farms, golf courses and cemeteries anywhere in the city.

Q6: How big is one hectare?A6: One hectare is 10,000 square metres or 100 meters by 100 meters. This is equivalent to 2.46 acres or 107,640 square feet.

Q7: How does the by-law work on larger properties (greater than one hectare in size)?A7: On properties larger than one hectare in size, a tree conservation report has to be submitted and approved by the City before any trees can be injured or destroyed. The staff report includes revised guidelines for tree conservation reports. This provision of the by-law has been implemented with the existing development review process.

Q8: How do you measure the diameter of a tree?A8: When measuring the diameter of a tree, the measurement must be taken at a height of 1.2 metres above ground level. Two methods are outlined below to help guide you in measuring the diameter of a tree:

· To get a quick estimate of a tree’s diameter, hold a metre stick up to the tree at 1.2 metres above ground level. One end of the metre stick should be placed approximately at the edge of the tree trunk. If the other edge of the tree trunk is beyond the 50-centimetre mark, then the tree is likely a distinctive tree.

· A more precise way to measure a tree is with a measuring tape around the trunk of the tree. A tree with a diameter of 50 centimetres (20 inches) has a circumference of 157 centimetres (62 inches). Circumference is the distance around the trunk. Take a tape measure and wrap it around the trunk of the tree at a height of 1.2 metres above ground level and see if it is 157 centimetres. To convert the circumference you have measured to diameter, use your calculator to divide the circumference in centimetres by pi (3.1416). This will give you the diameter of the tree.

Q9: Starting on September 1, 2009, if a resident has a distinctive tree (50 centimetres or greater) on their property and they want to remove it, what should they do?A9: Once it has been determined, by measuring the diameter, that the tree is a distinctive tree, the following steps are required in order to submit a distinctive tree permit application:

1. Obtain a Distinctive Tree Permit Application Form from the City’s website or from any Client Service Centre.

2. Fill in the application form. Be sure to include reasoning as to why the tree will be removed.

3. Hire an arborist to prepare a short arborist report that indicates the tree’s condition (dead, dying, diseased, hazardous, etc.).

4. Submit the application form and the arborist report to any Client Service Centre.

5. The applicant will be notified within approximately 15 days whether he or she receives a permit, receives a permit with conditions, or does not receive a permit.

6. If a permit is granted, the permit must be posted in a prominent location that is visible to the public for seven days in advance of the tree cutting and seven days following its removal.

Q10: What is an arborist report and why is it required?A10: An arborist report gives specific information about the tree(s) in question, including its location, condition, structural integrity, health, vigour, species, and size. An arborist report is required because it helps determine the legitimacy of tree removal requests.

Q11: How much does a tree permit cost?A11: For properties one hectare or less, there is no charge for the tree permit. For properties greater than one hectare, if the tree removal is a part of a development application, the permit fee is included in the development application fee. Outside of a development application, to remove a tree or trees on a property greater than one hectare, the permit fee is $100.

Q12: Do you need a permit to remove a dead distinctive tree? A12: Yes, a permit is required to remove a dead distinctive tree.

Q13: Do you need a permit to remove a diseased distinctive ash tree?A13: Yes, a permit is required to remove a distinctive ash tree that is infected with the Emerald Ash Borer. For more information on the Emerald Ash Borer and management recommendations for infected ash trees, please visit ottawa.ca/residents/healthy_lawns/forestry/eab/index_en.html.

Q14: Are residents required to plant a new tree if they remove a distinctive tree with a permit? A14: Depending on the circumstances, a distinctive tree permit could be issued with a condition to plant a replacement tree.

Q15: What is an offence under the by-law?

A15: Under the by-law, an offence may include destruction of a tree or injuring a tree without a permit, failing to protect a tree that is identified for protection in the permit conditions, or failing to comply with a stop work order.

Q16: What are the penalties under the by-law if an offence is committed?A16: If convicted of an offence, the penalties range from a minimum fine of $500 to a maximum fine of $100,000. For failing to adhere to a stop work order, the minimum fine is $500 and the maximum fine is $100,000 for each day or part of a day that the offence continues; in this case the total of all daily fines is not limited to $100,000.

Q17: What are the benefits of conserving trees?A17: Trees provide invaluable benefits in the urban environment. They help to save energy costs for homeowners; they increase property values; they help filter surface water and stop erosion; and they clean the air by sequestering carbon and other particulate matter. They are a vital “green” asset that needs to be conserved both on municipal and private urban property.

Q18: What have other municipalities done regarding the conservation of urban trees?A18: Many Ontario municipalities, including Toronto, Kingston, Richmond Hill, Newmarket and Mississauga, have adopted tree conservation by-laws for private properties.

Q19: What can a resident do if someone is removing a distinctive tree or trees on a larger property (greater than one hectare) without a permit?A19: In this case, the resident can call 3-1-1, and the contact centre agent will direct the call to the appropriate staff member.

Q20: How can residents get more information on Urban Tree Conservation? A20: For more information on Urban Tree Conservation and the by-law, residents can visit ottawa.ca/urbantree.

For more information, contact:

Martha Copestake, Forester

Natural Systems

Planning and Growth Management

Infrastructure Services and Community Sustainability

City of Ottawa

Tel: 613-580-2424, ext. 17922

E-mail: martha.copestake@ottawa.ca