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The City of Orillia currently has a Tree Conservation By-law (Chapter 370 of the City of Orillia Municipal Code - Tree Conservation By-law). This By-law regulates the removal of trees on parcels of land that exceed 0.5 hectare (1.23 acres).
In 2019, as part of research related to the City's tree canopy, EAC proposed that Council replace the existing by-law with a new Tree Preservation By-law which proposes to regulate the removal of trees on all parcels of land (regardless of property size).
Council referred EAC's recommended Tree Preservation By-law to City Staff for review. Staff have provided a comprehensive response to the proposal from EAC including extensive changes to the Proposed By-law.
- The 2020 staff referral report:
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Council deferred its consideration of the options presented in Report DSE-20-34 and requested members of EAC to attend the January 11, 2021 Council Committee meeting for discussion/questions.
On January 18, 2021 Council provided direction to City Staff and EAC as follows:
THAT... the Environmental Advisory Committee conduct a live virtual public consultation in Winter 2020/2021 in coordination with City staff to explain the purpose and intent of the proposed Chapter 370 of the City of Orillia Municipal Code - Tree Preservation and solicit input regarding the Chapter as set out in Schedule “B”, with the exception that the Chapter include the following provisions:
1) Prohibit a person injuring or destroying a tree with a diameter at breast height equal to or greater than 25 centimetres (without a permit) on any parcel of land in the City regardless of the size of the parcel;
2) Requires that each tree to be destroyed or injured is replaced with one or more replacement trees on the property of the applicant, or alternatively, where there is no reasonable alternative for the required tree planting on the subject property, a fee shall be required to be paid in lieu of the required tree planting that will be used by the City to achieve tree planting within the City; and
3) In order to obtain a permit to injure or destroy a tree, an Arborist Report must first be prepared or certified by an arborist;
AND... then conduct an online survey in Winter 2020/2021 to solicit input regarding the proposed Chapter 370 of the City of Orillia Municipal Code - Tree Preservation;
AND... obtain input on the following proposed amendments:
1) Amend Chapter 450 of the City of Orillia Municipal Code - User Fees - Development Services and Engineering to implement a permit fee of $250 to destroy or injure a tree; and
2) Amend Chapter 450 of the City of Orillia Municipal Code - User Fees - Development Services and Engineering to include the following:
“Where a condition of a permit requires that a replacement tree is required, but there is insufficient space or opportunity on a property to provide for a replacement tree over the long term, the General Manager of Development Services and Engineering, or designate may require a cash contribution in lieu of such planting, to be paid by the applicant to the City, to support tree planting elsewhere in the City. The amount of the cash contribution shall be $350 per replacement tree, subject to a maximum of $35,000.”;
AND... report back to Council Committee in the Spring of 2021 with a summary of feedback received ... along with a proposed new Chapter 370 of the City of Orillia Municipal Code - Tree Preservation for Council’s consideration.
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| Introduction |
| Does the City of Orillia already have a tree by-law? |
| Yes, the City has a Tree Conservation By-law that applies to properties greater than 0.5 hectare (1.23 acres) in size and trees with a diameter at breast height (DBH) greater than 5 centimetres (2 inches), and, on road allowances, it applies to trees with DBH greater than15 centimetres (6 inches). |
| Do other municipalities in Canada have tree preservation by-laws? |
| Many municipalities in Canada have tree protection or preservation by-laws. In developing the proposed by-law for Orillia, EAC members and City staff reviewed several other by-laws. |
| Why did the EAC recommend that Council consider a new tree by-law? |
| The EAC recommended that a new by-law be introduced to apply to all trees in the City over a certain size because trees provide an economic, environmental, health, and societal value to all residents, not just the property owners |
| What are the most significant changes being proposed in the draft Tree Preservation By-law? |
| The proposed by-law would apply to all property sizes, to healthy trees with a DBH of 25 cm or more, includes a requirement to plant replacement trees or pay a fee, and includes a requirement to obtain a permit in certain circumstances at a cost of $250 |
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| Terminology |
| What does "diameter at breast height" or "DBH" mean? |
| DBH is a standard term used by arborists and foresters. It is defined as the diameter of the tree trunk measured 1.37 metres (4.5 feet) above the ground at the base of the tree. |
| What is a tree canopy? |
| A tree canopy in a city refers to the layer of tree leaves, branches, and stems that provide tree coverage of the ground when viewed from above. |
| What is the existing amount of tree canopy in the City of Orillia now? |
| Based on research completed by the EAC, the City’s existing tree canopy covers approximately 32 percent of the City’s total area. |
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| Tree Assessment |
| Who makes the determination about the health status of the tree that I want to remove from my property? |
| In order to find out the health status of the tree that you may wish to remove from your property, the proposed Tree Preservation By-law will require that you retain the services of a Certified Arborist. The Certified Arborist will visit your property and inspect the tree that you may wish to remove. |
| What is a Certified Arborist? |
A Certified Arborist is a person who has graduated from an accredited college or university with a diploma or degree in forestry, urban forestry, arboriculture or equivalent course of study and who holds at least one of the following professional qualifications:
- certified either by the Ontario Training and Adjustment Board or the International Society of Arboriculture; or
- a member of the Ontario Professional Foresters Association entitled to use the designation “Registered Professional Forester (R.P.F.)” under the Professional Foresters Act, 2000, S.O. 2000, c.18.
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| How does a Certified Arborist determine if my tree is a hazard? |
| A certified arborist can inform a resident that the tree is a hazard in a number of ways. The Certified Arborist can complete a Basic Tree Risk Assessment Form, a Tree Hazard Evaluation Form, or include the results of their tree hazard evaluation in their company’s written quote to the resident. |
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| Timing and Costs |
| How long will it take to get a Permit? |
| In most cases, a complete application will be reviewed within two weeks of receipt. |
| How much will it cost for a Tree Removal Permit, and how was that cost determined? |
| The cost for a Permit has been proposed at $250 and was developed for cost recovery for administration and enforcement of the program. The City's administrative costs include such things as staff time, utilities, overhead, records management. |
| How were the fees for replacement trees determined? |
| The costs for the tree replacement fees were based on the cost of buying, planting and maintaining replacement trees. |
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| Replacement Trees |
| If I remove a healthy tree and cannot plant a replacement tree on my property, the proposed by-law would require that I pay a fee to the City’s tree program. What would that money be used for? |
| The fee to the City in lieu of planting a replacement tree or trees on your property would go towards the City’s tree replacement program (for example, to replace diseased/dying trees in parks and on other City property), the street tree program, or to other tree initiatives such tree rebates or tree giveaways for private property. |
| The permit would require that a replacement tree(s) be planted, ideally on my property. Where can I find information about replacing the tree? |
| For recommendations on container size, species selection, planting location, planting technique and maintenance please refer to the Tree Planting Guidelines and Other Tree Resources below. |
| What size tree do I have to plant on my property as a replacement tree? |
| The proposed by-law includes the following: “The size of the replacement tree shall be equal to the net DBH of the removed tree, either as a single tree or multiple trees.” For recommendations on container size, species selection, planting location, planting technique and maintenance please refer to the Tree Planting Guidelines and Other Tree Resources below. |
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| Situations & Scenarios |
| My tree is on my property; why do I need a Permit to cut down my own trees? |
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You would only need to apply for a Permit to cut down a healthy tree with a DBH of 25cm or greater; however, it may be possible to remove a dead, dying, or significantly diseased tree that cannot be saved by good care without a Permit.
Tree protection by-laws exist in many progressive municipalities across the province for the express purpose of preserving and protecting trees that contribute to community health and well-being and add value to the homeowner’s property. The City of Orillia’s existing Tree Conservation By-law has been in place for many years but it only applies to larger (0.5 hectare/1.23 acres or greater) properties. Changes to the by-law are being proposed and considered in order to afford a reasonable level of protection to all large trees
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| Will I need a permit to prune my trees? |
| No. The proposed Tree Preservation By-law would not require the issuance of a Permit to prune trees, providing the pruning is done in accordance with good arboricultural practices, and without lasting damage or harm to the tree which has, or is likely to have, the effect of inhibiting or terminating its growth. |
| Will I need a Permit to remove my tree (DBH 25 centimetres /10 inches or greater) if it breaks in a storm? |
| No. The proposed Tree Preservation By-law would not require a Permit to remove a tree that is posing an immediate danger from an unexpected event or emergency (such as a wind storm or ice storm). |
| Would I need a Permit to cut down a tree (DBH 25 centimetres /10 inches or greater) that a Certified Arborist has identified to be a hazard tree (immediate threat to life or property)? |
| No. The proposed Tree Preservation By-law would not require a Permit to remove a tree that a Certified Arborist has determined to be a hazard tree. However, it is proposed that you would be required to submit a notification to the City before the tree was removed, including documentation from a Certified Arborist that identified it as a hazard tree requiring it to be removed. |
| I want to cut down a tree (DBH 25 centimetres /10 inches or greater) on my property because it drops branches, or fruit/nuts or sap, or I’m tired of raking all the leaves. Would I need a permit? |
| Yes. The proposed Tree Preservation By-law would require that you obtain a Permit to cut down this tree. You can consider having the dead wood pruned and the canopy reduced. This would help reduce the number of dead branches in the tree and reduce the amount of raking as well. |
| I want to cut down a healthy tree (DBH 25 centimetres /10 inches or greater) on my property because its roots are affecting my sewer line or my foundation or the pavement on my driveway. Would I need a Permit? |
| Yes. The proposed Tree Preservation By-law would require that you obtain a Permit to cut down this tree. A Certified Arborist may be able to suggest strategies to save the tree. |
| I want to cut down a healthy tree (DBH 25 centimetres /10 inches or greater) on my property because I want to have a better view from my house. Would I need a Permit? |
| Yes. The proposed Tree Preservation By-law would require that you obtain a Permit to cut down this tree. You can consider having the tree pruned to provide you with a better view. |
| I want to cut down a healthy tree (DBH 25 centimetres /10 inches or greater) on my property because it is too close to my house. Would I need a Permit? |
| Yes. The proposed Tree Preservation By-law would require that you obtain a Permit to cut down this tree. You can consider pruning the tree so that the crown of the tree does not interfere with your roof or eavestrough. The tree can provide you with shade in the summer and block the wind in the winter which will reduce your heating and cooling costs. |
| I want to cut down a healthy tree (DBH 25 centimetres /10 inches or greater) on my property because I want to build a deck. Would I need a Permit to remove this tree? |
| Yes. The proposed Tree Preservation By-law would require that you obtain a Permit to cut down this tree. You could consider building your deck around the tree, providing enough space for the tree to grow. The tree will provide you with shade for your deck potentially saving you the purchase of an umbrella. |
| I want to cut down a healthy tree (DBH 25 centimetres /10 inches or greater) on my property because I am building a shed. Would I need a Permit to remove this tree? |
| Yes. The proposed Tree Preservation By-law would require that you obtain a Permit to cut down this tree. You can consider locating the structure next to or away from the tree. By building your shed 2 or more metres away from the trunk of the tree you help to protect its roots and the tree can provide shade in the summer and block the wind in the winter. |
| I want to cut down a healthy tree (DBH 25 centimetres /10 inches or greater) on my property because it is exactly where I want to build. Would I need a Permit to remove this tree? |
| Yes. The proposed Tree Preservation By-law would require that you obtain a Permit to cut down this tree. You would also be required to plant a replacement tree or pay a fee to the City’s tree program. |
| What if a tree is not a hazard but I want to cut it down anyway? |
| The proposed Tree Preservation By-law would require that you apply for, and obtain a Permit from the City before you can cut down a healthy, non-hazardous tree that has a DBH of 25 cm or greater. The proposed Tree Preservation By-law would also require that you would need to plant replacement tree(s) on your property or pay a fee to the City’s tree program. |
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| Proposed Process - Decision Tree |
| View or download the proposed Decision Tree here. |
| Other Information |
| I see that some of the things I want to do to my trees (like pruning for example) don’t require any Permits. Is there a “good tree trimming practices guide” or other instructional materials available to help instruct me on how best to proceed? |
| Yes. Please see the Planting Guidelines and Other Tree Resources below. |
| What about endangered tree species? |
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The proposed by-law would not apply to the tree species that are listed as Species at Risk in the Endangered Species Act. The Ministry of Natural Resources and Forestry is responsible for the enforcement of that Act.
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| What is the Environmental Advisory Committee, EAC? |
| The mandate of the Environmental Advisory Committee (EAC) is set out in Chapter 79 of the City of Orillia Municipal Code. The purpose of the EAC is to identify and advise on local environmental matters which contribute to a healthy natural environment focusing on the protection and sustainability of our air, land and water resources within the City of Orillia. This includes, but is not limited to, Orillia's aquatic and terrestrial ecosystems (e.g. the lakes, their tributaries and shore lands, wetlands, forested lands and developed lands). For the purposes of satisfying Section 8 of the Planning Act, the EAC also serves as a planning advisory committee with respect to providing comments on planning policy matters. |
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