This is the exact embedded text of the captured official document.
Snapshot 3abb0686b1d0 · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
DISTRICT OF INVERMERE
Bylaw No. 1347
A Bylaw of the District of Invermere to regulate and prohibit the cutting of trees.
WHEREAS the Council may pursuant to the Community Charter enact a bylaw to protect and preserve
trees;
AND WHEREAS it is Council's intention to regulate the removal and damaging of trees;
NOW THEREFORE the Municipal Council of the District of Invermere in open meeting assembled
enacts as follows:
1.
CITATION
This Bylaw may be cited as "The District of Invermere - Tree Removal Bylaw No. 1347, 2007".
2.
DEFINITIONS
In this Bylaw:
(a)
"Chief Administrative Officer" means the person appointed from time to time by
Council as the CAO of the Municipality.
(b)
"Council" means the duly elected Council of the District of Invermere.
(c)
"Cut Down" means to cut down, kill or remove a tree by any means and includes
the topping of a tree and the removal of any branch or trunk of a tree having a
diameter of more than 10 centimetres (3.9 inches).
(d)
"District" means the District of Invermere;
(e)
"Drip Line" means a circle on the ground around the trunk of a tree, the radius of
which is the distance between the outermost twigs of the tree and the centre
point of the trunk, or its vertical extension.
(f)
"Environmental Protection Area" means those lands designated as an
Watercourse, Wetland and Wildlife or Hazardous Areas Development Permit
Area under the Official Community Plan Bylaw No. 1085, 2001 as amended from
time to time.
(g)
"Highway" includes a street, road, lane, bridge, viaduct and any other way
open to the use of the public, but does not include a private right-of-way on
private property.
(h)
"Logging" means the cutting down of trees on a parcel of land but does
not include:
i)
The cutting down of not more than 3 trees in any .4 hectares (1 acre)
area of land in a parcel for any reason in any 12 month period, or
ii)
The cutting down of trees which are dead, diseased or damaged by
a natural cause.
(i)
"Natural Boundary" means the visible high water mark of any watercourse
where the presence and action of the water are so common and usual and
so long contained in all ordinary years as to mark upon the soil of the bed or
bank of the watercourse a character distinct from the lands adjacent thereto
in respect of vegetation as well in respect to the nature of the soil itself.
(j)
"Protected Tree" shall mean any tree having a diameter greater than 80
centimetres (31.5 inches).
(k)
"Steep Slope" shall mean any area having an average slope greater than
20% measured over a distance of six (6) metres (19.7 feet).
(l)
"Tree" means any living, erect, woody plant which is:
i) 5 metres (16.3 feet) or more in height; or
ii) 10 centimetres (3.9 inches) or more in diameter.
(m)
"Watercourse" shall mean any natural or man-made depression with well defined
banks and a bed 0.6 m or more below the surrounding land serving to give
direction to a current of water at least six months of the year or having a drainage
area of 2 square kilometres or more as required by a designated official of the
Ministry of Environment of the Province of British Columbia.
3.
MEASUREMENT
In this Bylaw:
(a)
The diameter of a tree shall be determined by dividing the circumference of
the trunk measured 1.5 metres (4.5 feet) above the ground by 3.142.
(b)
The diameter of a tree having multiple trunks 1.5 metres (4.5 feet) above
the ground shall be the sum of:
i)
100% of the diameter of the largest trunk, and
ii)
60% of the diameter of each additional trunk.
(c)
The location of a tree on a lot shall be measured at the point at which the
trunk of the tree meets the ground.
(d)
Where the trunk of a tree is growing on a building envelope line or other
setback line prescribed by this Bylaw, the tree shall be deemed to be
located on the same side of the line as the majority of the trunk is located.
4.
TREE CUTTING
(a)
No person shall, without first obtaining a tree cutting permit, cut down a protected
tree.
(b)
No person shall cut down a tree growing on any land designated as an
Environmental Protection Area
(c)
No person shall cut down a tree shown as "to be retained" on a plan
attached to a development permit.
(d)
No person shall, without first obtaining a tree cutting permit, carry out
logging on a parcel of land.
(e)
No person shall, without first obtaining a tree cutting permit, cut down any
tree in the following designated buffer areas:
i)
within 20 metres of any lot line adjacent to or abutting a highway or
road, or trail, right-of-way; or
ii)
within 10 metres of any other lot line.
5.
WATERCOURSES
No person shall, without first obtaining a tree cutting permit, cut down a tree growing within 30
metres of the natural boundary of any watercourse, except where a tree or the roots of a tree
are blocking a watercourse or reducing its drainage capacity.
6.
LAKES
No person shall cut down a tree, without first obtaining a tree cutting permit,
growing within 30 metres of the natural boundary of Windermere Lake.
7.
STEEP SLOPE AREAS
(a)
No person shall, without first obtaining a tree cutting permit, cut down more
than 2 trees in any one calendar year growing on any steep slope that is not
designated as an Environmental Protection Area.
(b)
The stumps and roots of any tree removed without a permit pursuant to this
section shall not be removed from the steep slope areas without specific
written permission from the Chief Administrative Officer.
8.
SIGNIFICANT TREES
(a)
The trees designated as "Significant Trees" pursuant to the Local Government
Act because of their importance to the community, including importance for
heritage or landmark value or as wildlife habitat.
(b)
The District shall place a plaque or marker near each significant tree
upon receiving permission to do so from the owner of the property on which
the tree grows.
(c)
No person shall cut down a significant tree designated as such under
section 9(a) of this Bylaw.
9.
TREE DAMAGING ACTIVITIES
(a)
No person shall carry out or allow to be carried out any of the following tree
damaging activities unless a permit to do so is first obtained:
i)
Cutting or damaging the roots of a tree growing inside the drip line of
that tree;
ii)
Placing fill, building materials, asphalt or a building or structure upon
land inside the drip line of a tree;
iii)
Operating trucks, backhoes, excavators or other heavy equipment
over the roots of a tree growing inside the drip line;
iv)
Denting, gouging or damaging the trunk of a tree;
v)
Removing bark from a tree;
vi)
Depositing concrete washout or other liquid or chemical substances
harmful to the health of a tree, on land inside the drip line of the tree;
vii)
Removing soil from land inside the drip line of a tree;
viii)
Blasting inside the drip line of a tree or outside the drip line so as to
damage roots or disturb soil inside the drip line;
ix)
Undermining the roots of a tree growing inside the drip line of that
tree;
(b)
Where the proposed activity may endanger the health or life of the tree, the
Chief Administrative Officer may:
i)
Refuse to issue a permit, or
ii)
Issue a permit subject to conditions.
10.
PERMITS
(a)
Every application for a permit shall be made to the Chief Administrative Officer
and shall be accompanied by an application fee. The fee shall be $100.00 for each
50 trees or portion thereof except as otherwise permitted in this bylaw. If a
permit is not issued then the amount of the application fee in excess of
$75.00 shall be refunded.
(b)
The application for a permit shall be made on the form prescribed by the
District and shall be accompanied by a Plan identifying:
i)
The location, species and diameter of the trees proposed to be cut
down;
ii)
The location, species and diameter of the trees in respect to which
tree damaging activities are to be carried out;
iii)
The location of any proposed construction activities, excavation
activities, blasting activities in relation to the trees.
(c)
The applicant for a permit shall state on the application form the purpose for
which the trees are to be removed.
(d)
The applicant shall flag or mark with paint each tree proposed for removal.
(e)
The provisions of this Bylaw shall not apply to the installation, repair or
maintenance of any public works or service carried out by or under the
authority of the municipality, provided that whenever it is proposed to cut
down a tree or carry out a tree damaging activity described in section 9 of
this Bylaw, other than an emergency repair, the proposed works shall first
be reviewed and approved by the District.
(f)
If the District is satisfied that all of the conditions required by this
Bylaw have been met he may issue a permit or issue a permit subject to
conditions.
10.
PERMITS IN RESPECT TO STEEP SLOPE AREAS
(a)
Any applicant for a permit pursuant to section 7 may be required to supply a
report prepared by a qualified geotechnical engineer, at the applicant's
expense, that the proposed tree removal will not create a danger from
flooding, erosion, landslip or avalanche.
(b)
If the report of the geotechnical engineer requires the construction of works
necessary to prevent slippage or erosion, no permit shall be issued unless
the applicant provides to the municipality a surety deposit or bond in favour
of the municipality in the amount of 120% of the cost of the works as
estimated by the geotechnical engineer.
(c)
The applicant shall enter into an agreement with the municipality with
respect to any surety bonding required.
(d)
The applicant shall be responsible for and at his own expense execute all
work required by the geotechnical engineer in his report in order to ensure
the stability of the slope.
(e)
The works shall be completed within the period specified on the permit.
Should the works not be finalized within the stated period, the municipality
may have the works completed at the owner/applicant's expense using the
surety bond.
(f)
Upon completion of the required works and certification of the geotechnical
engineer that the works satisfy his requirements to maintain the stability of
the slope, the surety bonding will be released.
11.
REMOVAL OF HAZARDOUS TREES
(a)
Every owner or occupier of real property shall cause all trees, hedges,
bushes or shrubs on the property to be trimmed, removed or cut down if the
Council considers that it is:
i)
A hazard to the safety of persons;
ii)
Likely to damage public property, or
iii)
A seriously inconvenience to the public.
(b)
The Council may serve upon the owner or occupier of the property notice
that the municipality will be entitled to take the required action at the
expense of the person given the notice if the person does not take the
required action within the time period specified by Council and stated in the
notice.
(c)
If the person given the notice does not take the required action within the
time period specified in the notice, the municipality, by its employees or
others, may enter the real property and take the action specified in the
notice at the expense of the person given the notice.
(d)
If the person referred to in the preceding sub-section does not pay the costs
of the action taken on or before December 31st in the year in which the
costs were incurred, the costs shall be added to and form part of the taxes
payable on the real property as taxes in arrear.
(e)
Where a tree cutting permit is required to carry out work required under this
section there shall be no application fee charged.
12.
DAMAGED, DYING AND DEAD TREES
(a)
The owner of a tree which, pursuant to this Bylaw, may not be cut down
may apply to the municipality for a permit to cut down or prune the tree, and
if
i)
The tree is dead, dying, severely damaged, unstable or severely
leaning and in danger of falling, or
ii)
Interfering with, or in such close proximity to, utility wires as to be a
danger, the District may issue a permit to cut down or prune
the tree.
(b)
There shall be no charge for a permit issued under this section.
13.
EMERGENCY REMOVAL
Notwithstanding any other provision in this Bylaw, a person may cut down a tree or
limb of a tree prohibited from removal under this Bylaw if:
(a)
The tree or limb of the tree has been severely damaged by a natural cause,
and
(b)
The tree or limb of the tree is in imminent danger of falling and injuring
persons or property.
14.
REPLACEMENT TREES
In addition to any other remedy, any person who cuts down or damages a tree in
contravention of this Bylaw or a permit issued under this Bylaw shall:
(a)
Plant a replacement tree of the same species in approximately the same
location as the tree removed of a size to be determined by, and within a
time period prescribed by, the District.
(b)
Water, fertilize and maintain the replacement tree strictly in accordance with
good horticultural practices.
(c)
Provide to the municipality security in the amount of 120% of the total cost
of replacing and maintaining the tree for a period 3 years in the form of cash
or letter of credit to guarantee performance of the requirements of this
15.
ADMINISTRATION AND ENFORCEMENT
(a)
The Chief Administrative Officer, the Bylaw Enforcement Officer and any other person
authorized by one of the aforesaid officials shall have the right to enter at all
reasonable times on any property to make an assessment or inspection for
any purpose under this Bylaw.
(b)
No person shall prevent or obstruct or attempt to prevent or obstruct entry
of any person or persons authorized to enter upon property by this Bylaw.
16.
PENALTY
Every person who violates any provision of this Bylaw or fails to comply with any
permit issued under this Bylaw commits an offence punishable on summary
conviction and shall be liable to a fine not exceeding $10, 000.00.
17.
SEVERABILITY:
If a portion of this Bylaw is found invalid by a decision of a Court of competent
jurisdiction the invalid portion shall be severed without effect on the remainder of
the Bylaw.
Read a First Time this 12th day of June, 2007.
Read a Second Time this 12th day of June, 2007.
Read a Third Time this 12th day of June, 2007.
ADOPTED 26th day of June, 2007
_____________________________
_____________________________
MAYOR
CHIEF ADMINISTRATIVE OFFICER
Certified a true copy of Bylaw No. _________
this _____ day of ______________,20
_____________________________
Corporate Officer
Schedule A
Application Form
DISTRICT OF INVERMERE
Application for Tree Cutting and Removal Permit Protection Bylaw No.
[not required for lots 0.4 hectares or less]
1.
I, ___________________________ of __________________________________
[print name]
[mailing address]
______________________, _______________________ in the District
[telephone number]
[fax number]
of Invermere hereby make application to cut down and remove that tree [those trees] situate on property
municipally described as
_________________________________________________________________________
[civic address]
in the District of Invermere and legally described as
__________________________________________________________________________
[legal description]
identified, described and shown on the sketch of the property attached to this application.
2.
Attached and forming part of this Application is an accurate sketch plan of the property drawn to a scale of
_____________ correctly showing:
i)
the locations species and size [circumference of trunk at 1.5 metres above natural grade at base of tree]
of all trees presently on the property that are subject to Tree Removal and Protection Bylaw No.;
ii)
the location of all abutting streets and lanes.
iii)
dimensions of property;
iv)
location of existing trees;
v)
species and size [circumference of trunk at 1.5 metres above natural grade at base of tree] of trees;
vi)
colour coding as required;
vii)
directional markings showing north;
viii)
the location of abutting streets and lanes.
Wherever the trunk or any part of the trunk and major root structure of any tree are situate on more than one
parcel of land any application to cut down or remove such tree must be signed and consented to by all registered
owners of all properties].
Trees marked in red on the attached sketch are proposed to be cut down and removed and trees marked in green
are proposed to be retained.
3.
Please ensure the following items are included with the completed application:
-
$25.00 application fee [1996]
-
Current State of Title Certificate
-
Sketch plan
4.
I have read a copy of Tree Removal and Protection Bylaw No. 1347 and am aware of the regulations therein.
Dated the ________ day of _________________________________, 20__.
___________________________
Signature of Applicant
Where Applicant is not the registered owner of the property, this Application will not be considered complete or processed
until the registered owner signs below.
I/we, ______________________________________, of ___________________________________
[print name]
[mailing address
__________________________________ ___________________________________
[telephone number]
[fax number]
being the registered owner[s] of the property described in this Application hereby consent to this application being made
and to the issuance of a permit to the applicant. I/we certify that the information in this application is correct and true and I
acknowledge that I am the person responsible for compliance with all provisions of Tree Removal and Protection Bylaw
No. 1347.
Dated the ________ day of _______________________________, 20__.
____________________________
____________________________
Signature of Registered Owner[s]
Note: Sketch plan accompanies this application