Tree Protection Bylaw No. 8041 (revised Oct 3, 2022)
Kelowna, British Columbia
· No. 8041
· adopted 1997-04-14
· summary & facts
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Consolidated Bylaw No. 8041 - Page 1.
CITY OF KELOWNA
BYLAW NO. 8041
REVISED: October 3,
2022
A bylaw to regulate the removal of protected trees in
Natural Environment/Hazardous Condition Development
Permit Areas
The Municipal Council of the City of Kelowna, in open meeting assembled, hereby enacts as
follows:
1.0
TITLE
1.1
This bylaw may be cited as "Tree Protection Bylaw No. 8041".
BL12025 amended Section 2.0
2.0
APPLICABILITY
This bylaw applies to
a. all lands designated as being within a Natural Environment/Hazardous
Condition Development Permit Area as established by the Kelowna Official
Community Plan, as amended, which are either within a Riparian Management
Area or on a slope of 30% or greater and
b. trees within covenant areas
BL12025 amended Section 3.0
3.0
DEFINITIONS
3.1
In this bylaw, unless the context otherwise requires:
"certified arborist" means a person accredited as such by the International Society of
Arboriculture;
"City" means the City of Kelowna;
"Council" means the Municipal Council of the City of Kelowna;
"cut down" means to cut down, remove or kill a tree by any means;
"DBH" means a tree trunk diameter measured at breast height (1 m above grade). For
multi-stemmed trees this measurement is equal to the cumulative total of the DBH of the
three largest stems;
"damage" means any action which will cause a tree to decline in health or die, including,
but not limited to: ringing or removing bark, poisoning, burning, topping (unless branches
are weak/diseased), raising/lowering the grade withing a Tree Protection Zone,
stockpiling material or driving within a Tree Protection Zone, cutting roots, excavation
impacting roots, or excessive pruning (exceeding 25% of live branches within a 12 month
period;
CONSOLIDATED FOR CONVENIENCE TO INCLUDE BYLAW NO. 8224
Consolidated Bylaw No. 8041 - Page 2.
"dangerous or hazardous tree or limb" means a tree or limb identified by a qualified
person as being, or likely to become in the immediate future, a danger to people or
property;
"dead, diseased or damaged trees or limbs" means a tree or limb identified by a
qualified person as being, or likely to become in the immediate future, a danger to
people or property;
"Director of Planning & Development Services" means the person appointed by
The City as such and includes the person's lawful designate;
"drip line" means a circle in the ground around a tree trunk that corresponds to and is
directly below the tips of the tree's outermost branches;
"fruit tree" means any tree, fruiting or flowering, of the Genus Malus, Prunus, Pyrus or
Cydonia;
"invasive tree" means Siberian Elm (Ulmus pumila), Russian olive (Elaeagnus angustifolia),
and Tree of Heaven (Ailanthus altisssima) in addition to any other species identified by the
Provincial invasive species authority;
"landscape architect" means a person registered with the British Columbia Society of
Landscape Architects;
"owner" means the registered owner of an estate in fee simple, and includes:
(a)
the tenant for life under a registered life estate;
(b)
the registered holder of the last registered agreement for sale; and
(c)
the holder or occupier of land held in the manner mentioned in Sections 356 and
357 of the Municipal Act;
"permit" means a Tree Cutting Permit issued pursuant to this bylaw;
"person" means a natural person, his heirs, executors, administrators, or assigns, a firm,
corporation, municipal or quasi-municipal corporation, society or party school board,
hospital board, or other government or government agency;
"protected tree" means any tree within the lands to which this bylaw applies with a
diameter of 100 mm or more measured 1 m above grade (100 mm DBH).
"qualified person" means a registered professional forester, landscape architect or a
certified arborist;
"replacement tree" means a tree required to replace a tree which has been removed or
damaged;
"retained tree" means a tree that is shown on a site plan attached to a Tree Cutting
Permit as a tree that will be retained;
"Riparian Management Area": means an area of sufficient width to include any
significant natural attribute and adjacent ecosystem (e.g. vegetation, water features, fish
and wildlife habitat, escarpments, terraces, steep valley sides and cliffs) adjacent to a
water course, linking aquatic to terrestrial ecosystems and includes both existing and
potential riparian vegetation and existing and potential adjacent upland vegetation that
exerts an influence on the stream and the size of which is determined based on the water
course location as identified in the Official Community Plan.
Consolidated Bylaw No. 8041 - Page 3.
"stream" means a natural watercourse or source of water supply, whether usually
containing water or not, ground water, lake, river, creek, spring, ravine, swamp and
gulch, as defined by the Water Act;
"tree" means a self-supporting woody plant that is a species of coniferous or deciduous
genus which normally grows to a height of five (5) metres or greater, notwithstanding its
current size.
"Tree Protection Zone" means the area of land around a tree that must be protected to
prevent damage to roots defined by an arborist, which should include the area below the
dripline (see Schedule A for details and drawing).
4.0
PROHIBITIONS
4.1
No person(s) including owners shall damage a protected tree willfully. If damage
occurs, the responsible person will be required to replace the damaged tree according
to the provisions of this bylaw.
4.2
Except as authorized by Section 5.0 of this bylaw, no person(s) including owners shall
cut down, or allow to be cut down, or damage a protected tree without first
obtaining a permit issued pursuant to this bylaw.
4.3
No person shall fail to comply with the Terms and Conditions of a permit issued
pursuant to this bylaw.
5.0
EXEMPTIONS
5.1
The following are exempt from the provisions of the bylaw:
BL8224 replaced paragraph 5.1(a):
(a)
the pruning of protected trees to address dead, diseased or damaged limbs,
when the prior approval of the Director of Planning & Development Services,
or their designated agent, is given and the pruning follows standard
arboricultural practices to avoid tree damage;
(b)
the pruning of limbs, within 2M of the ground or touching structures (and less
than 30% of the live canopy), to mitigate wildfire risk;
(c)
the removal of invasive trees;
(d)
the pruning or removal of fruit trees;
(e)
commercial tree farms or nursery operations;
(f)
B.C. Land surveyors cutting survey lines having a width of less than 2 m; or
(g)
land that is classified as managed forest land under the Assessment Act,
located within a licence area under the Forest Act, so long as the land
continues to be used for the production and harvesting of timber.
Consolidated Bylaw No. 8041 - Page 4.
6.0
DELEGATION OF AUTHORITY
6.1
Pursuant to Section 715 of the Municipal Act, the Director of Planning &
Development Services is hereby authorized to:
(a)
the emergency removal of dangerous or hazardous trees or limbs by standard
arboricultural practices prior to permit issuance if reported immediately to the
Director of Planning & Development Services;
(b)
exempt an application for a permit from the requirements of Section 7.1 of
this bylaw if the information to be submitted has otherwise been provided to
the City of Kelowna;
(c)
establish which of the terms and conditions set out in Section 7.0 of this bylaw
necessarily apply to the granting and use of a permit to achieve the purpose of
that section;
(d)
exempt a person from the provisions of this bylaw where satisfied that there
are no protected trees which may be affected by a proposed development or
that there will be insufficient space on the site after development to locate
replacement trees;
(e)
to serve notice under Section 712 of the Municipal Act on a person who does
not comply with Section 10.0 of this bylaw to provide replacement trees that,
failing compliance with the notice, the City of Kelowna may take the required
action at the expense of the person given the notice if the compliance is not
achieved within 30 days of service of the notice;
(f)
direct that an assessment or inspection of specified trees or sites be
undertaken by the municipality for the purposes of Part 22, Division (2) of the
Municipal Act;
(g)
refuse issuance of a permit if a report prepared by a qualified person(s) as
described in Section 7.1(h) of this bylaw, finds that the proposed cutting may
create adverse impact(s);
(h)
revoke a Tree Cutting Permit if the permit fails to comply with the Terms and
Conditions contained in the permit.
BL12025 amended Section 7
7.0
PERMIT APPLICATION PROCEDURE
7.1
Permit applications will be considered for the removal of dead, diseased or damaged
trees or limbs. The hazard posed must be clearly identified by a qualified person who,
in writing, confirms the dangerous or hazardous tree or limb must be removed based
on their professional expertise. Permit applications may also be considered if the tree
is causing damage to property, including damage to roofs, retaining walls and
sidewalks, that standard arboriculture practices cannot rectify.
Every application for a Tree Cutting Permit shall be made by the registered owner or
their agent authorized in writing. The application must be signed by the owner or the
agent, be submitted to the Planning & Development Services Department and shall
include all of the following information unless a requirement is waived by the Director
of Planning & Development Services:
(a)
a site plan showing the legal boundaries and dimensions of the property;
(b)
the location of each protected tree(s) on the property, including trees within
two metres of the property line on an adjacent property;
(c)
a site plan (preferably an air photo) clearly identifying which protected tree(s)
Consolidated Bylaw No. 8041 - Page 5.
are requested to be cut down, including the type (coniferous or deciduous) and
size (DBH) of the tree(s);
(d)
a site plan clearly identifying trees that are to be retained;
(e)
a replacement plan showing the proposed location, size, type and number of
proposed replacement trees;
(f)
the purpose of the tree cutting;
(g)
the legal description and owner(s) of the land;
(h)
a report prepared, to the satisfaction of the City of Kelowna, by a qualified
person(s) stating whether or not the proposed cutting will create such adverse
impact as danger of flooding, erosion, land slip or contamination of
watercourses;
(i)
the certification of the qualified person;
(j)
a permit fee of $50.00. This fee may be waived if applications for a Tree
Cutting Permit and Development Permit relating to the same property are
submitted to the Planning & Development Services Department concurrently.
7.2
Upon receipt of an application for a Permit the Director of Planning & Development
Services may issue a permit with or without conditions, including but not limited to
any of the following:
(a)
the replacement of any protected tree that is cut down with a tree or trees
of a size and species and at such location or locations as the Director of
Planning & Development Services or his/her designate may specify;
(b)
the posting of security with the City of Kelowna in accordance with Section 8.0
of this bylaw as security for the planting and maintenance of replacement
trees;
(c)
that the employees and authorized agents of the City of Kelowna be permitted
to enter onto the land at any reasonable time to carry out assessments and
inspections to determine whether the terms of this bylaw are being complied
with;
(d)
that a person who obtains a permit pursuant to the provisions of this bylaw
shall comply with all applicable City of Kelowna bylaws and any other
applicable land use restrictions that may be registered in the Land Title Office
against title to the lands from which trees are removed;
(e)
that a permit issued pursuant to the terms of this bylaw shall be valid for a
period not to exceed one (1) year with the potential for one additional year
subject to approval of the Director of Planning & Development Services.
BL12025 amended Section 8
8.0
SECURITY DEPOSIT
8.1
At the discretion of the Director of Planning & Development Services, the applicant is
required to submit a security deposit for full and proper compliance with all terms and
conditions in the permit, including provision of all replacement trees, materials and
maintenance required for site reinstatement.
8.2
The security shall be in the form of a cash deposit or irrevocable letter of credit
drawn upon a chartered bank in a form acceptable to the City of Kelowna.
8.3
The amount of security shall be 125% of the value of all replacement trees and site
restoration and clean-up measures required by the City of Kelowna, as estimated by a
Consolidated Bylaw No. 8041 - Page 6.
qualified person.
8.4
Upon inspection by the City one (1) year after planting, 90% of the security deposit
will be returned if the replacement tree is deemed to be in satisfactory health. If a
deficiency is identified, the City will withhold the security deposit until the deficiency
is rectified.
8.5
There shall be a 10% holdback of the security deposit for an additional period of one
year and this holdback may be returned following a second inspection to confirm the
tree remains in satisfactory health.
8.6
Should the permit holder fail to comply with the terms and conditions of the permit,
the City of Kelowna may enter the property and perform such work as is necessary and
may retain all or a portion of the security to cover the cost of such work. Should the
security be inadequate to cover the costs of such work, the additional costs shall be
added to and form part of the taxes payable on the real property as taxes in arrears
pursuant to Section 712 of the Municipal Act.
9.0
INSPECTION AND ENFORCEMENT
9.1
When an application for a permit is made under this bylaw, municipal staff or their
appointed representatives may inspect the trees and the site on which they grow and
may assess the location, size, condition and species of the trees.
9.2
Municipal staff or their appointed representatives may enter on any property subject
to this bylaw for the purposes of assessing and inspecting trees under this bylaw to
determine compliance with this bylaw.
9.3
The City of Kelowna may suspend or revoke any permit if the tree cutting is not being
undertaken in accordance with the terms and conditions of the permit.
BL 12025 amended Section 10
10.0
REPLACEMENT TREES
10.1
Unless this provision is waived or modified by Council or the Director of Planning &
Development Services, any tree(s) cut down, removed or altered in accordance with
the provisions of this bylaw shall be replaced within one growing season. The
replacement formula is determined by the size of the protected tree removed:
-1 tree at 0 mm - 151 mm (6") DBH = 2 replacement trees
-1 tree at 152 mm - 304 mm (12") DBH = 3 replacement trees
-1 tree at 305 mm - 456 mm (18") DBH = 4 replacement trees
-1 tree at 457 mm - 609 mm (24") DBH = 6 replacement trees
-1 tree at 610 mm and larger (36") DBH = 8 replacement trees
10.2
At least one of the replacement trees must be of the same type (i.e. either a
coniferous or deciduous tree) as the tree type being removed. The minimum size of
replacement trees shall be 2.0 m (6.5 feet) in height for conifers and 60 mm (2.4
inches) diameter at breast height (DBH) for deciduous species. The qualified
professional may propose alternative size and type replacements if deemed equivalent
by the Director of Planning & Development.
10.3
In addition to any penalty that may be imposed under this bylaw, where a person cuts
down, removes or damages any protected tree, or permits any protected tree to be
cut down, removed or damaged, in violation of this bylaw, or in violation of any
permit issued under this bylaw, compensation will be paid to the City to cover the
cost of replacement trees to be planted at the City's discretion.
10.4 Planting and maintenance requirements shall be specified in a replacement plan
provided by a qualified person. Maintenance must include watering bags or
Consolidated Bylaw No. 8041 - Page 7.
equivalent irrigation to support the establishment of the tree for at least three years
after planting. Planting and maintenance must be carried out in accordance with the
replacement plan specifications.
10.4
For the purposes of computing the number of trees needed to satisfy the requirements
of Section 10.1, the following cannot be counted as a retained tree or a transplanted
tree re-located elsewhere on the site:
(a)
a tree that in the opinion of the Director of Planning & Development
Services, has been topped or pruned to the extent that it is unlikely to ever
attain its natural, characteristic appearance;
(b)
a tree that in the opinion of the Director of Planning & Development
Services, is so damaged that it will likely become diseased or die prematurely
or other wise pose a dangerous condition that is hazardous to persons or
property;
(c)
a tree that in the opinion of the Director of Planning & Development
Services, is dead or dying to the extent that it will likely be dead within one
year.
11.0
RE-CONSIDERATION
11.1
Where an owner (or his authorized agent) of property subject to a decision made by
the Director of Planning & Development Services pursuant to Section 6.0 of this
bylaw is dissatisfied with the decision, the owner or agent may apply to the Council
for re-consideration of the matter within 30 days of the decision being communicated
to them provided:
(a)
such notice may be delivered in person or by facsimile at (250) 470-0697, or
sent by registered mail to the office of the City Clerk, 1435 Water Street,
Kelowna, B.C. V1Y 1J4;
(b)
where such notice is sent by registered mail, it shall be deemed to be
delivered three (3) working days after the date of posting; and
(c)
such notice must contain the address for delivery of the person applying for re-
consideration, the particulars of the tree or trees involved and the reason why
the decision of the Director of Planning & Development Services should be
re- considered.
11.2
The Clerk, upon receipt of the notice, shall advise the owner and any authorized agent
in writing, of the date and approximate time that Council will re-consider the decision
of the Director of Planning & Development Services. Such notice shall be given at
least seven (7) days prior to the date of the Council meeting at which the request for
re-consideration will be heard.
11.3
At the Council meeting, the Council may hear from the owner and any authorized
agent and any other person interested in the matter under re-consideration who
wishes to be heard, and may either confirm the requirement or decision of the
Director of Planning & Development Services or substitute its own requirement or
decision.
12.0
SEVERABILITY
12.1
If any section, sub-section, clauses, sub-clause, or phrase of this bylaw is for any
reason held to be invalid by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this bylaw.
Consolidated Bylaw No. 8041 - Page 8.
BL12025 amended Section 13
OFFENCES AND PENALTIES
13.0
No person may prevent or obstruct, or attempt to prevent or obstruct, the entry of
officials authorized under Section 9.0 upon any property as authorized by this bylaw.
13.1
Every person who violates a provision of this bylaw commits an offence and is liable
on summary conviction to a penalty not exceeding Ten Thousand Dollars ($10,000.00)
and the costs of prosecution.
13.2
The penalties imposed under this sub-section supplement and are not a substitute for
any other remedy to an infraction of this bylaw.
13.3
Where more than one tree is cut down, removed or damaged in violation of this
bylaw, a separate offence is committed in respect to each tree.
14.0
REPEAL
14.1
Tree Cutting Permit Bylaw No. 6932 and Bylaw No. 7038, being Amendment No. 1 to
Tree Cutting Permit Bylaw No. 6932 are hereby repealed.
BL8224 added a new Section 15 and renumbered the subsequent sections:
15.0
ENACTMENTS
15.1
Any enactments referred to herein is a reference to an enactment of British Columbia
and regulations thereto, as amended, revised, consolidated or replaced from time to
time, and any bylaw referred to herein is a reference to an enactment of the Council
of the City of Kelowna, as amended, revised, consolidated or replaced from time to
time.
16.0
SCHEDULES
16.1
The following schedules are attached to and form part of this bylaw:
Schedule A - Tree Protection Zone Installation Standards
17.0
EFFECTIVE DATE
17.1
This bylaw comes into full force and effect and is binding on all persons as and from
the date of adoption.
Consolidated Bylaw No. 8041 - Page 9.
Read a first time by the Municipal Council this 8th day of April, 1997.
Read a second time by the Municipal Council this 8th day of April, 1997.
Read a third time by the Municipal Council this 8th day of April, 1997.
Adopted by a 2/3 majority of the Municipal Council of the City of Kelowna this 14th day of
April, 1997.
"Walter Gray"
Mayor
"D.L. Shipclark"
City Clerk
Consolidated Bylaw No. 8041 - Page 10.
BL12025 replaced Schedule A
SCHEDULE A
Tree Protection Zone
Installation Standards
PURPOSE
Tree Protection Zones involve barriers placed around trees for the prevention of damage to tree trunks,
branches, and roots by any construction activities/operations.
REQUIREMENTS
1. Barriers are to be installed prior to any demolition, excavation, or construction on site.
2. Barriers must remain upright and in place throughout the entire construction process.
3. No incursions inside or against the Tree Protection Zone are to occur, including, but not limited to:
garbage/debris storage, material or equipment storage, porta-potties, soil piling, fill or grade changes,
surface treatments or excavations of any kind, equipment fueling or chemical mixing, etc.
SPECIFICATIONS FOR CONSTRUCTION
-
Barriers should be a maximum of 1.2 m (~4') in height.
-
At minimum, 2"x 4" construction lumber to be used for vertical posts, top and bottom rails and
cross bracing (in an "X"); round, un-treated vertical posts may be used with a minimum diameter
of 9 cm.
-
Spacing between vertical posts to be no further apart than 3.7 m (12') on center.
-
Structure must be sturdy with vertical posts driven firmly into the ground.
-
Barrier must be continuous mesh screening (e.g. orange snow fencing).
-
The distance of the barrier from the tree trunk must be determined by a qualified person (arborist)
based on the drip line and tree diameter, using table below:
Trunk Diameter
(DBH measured in mm or inches)
Critical Root Zone
(minimum distance of fence from trunk)
200 mm / 7.9"
1.2 m
250 mm / 9.8"
1.5 m
300 mm / 11.8"
1.8 m
350 mm / 13.8"
2.1 m
400 mm / 15.7"
2.4 m
450 mm / 17.7"
2.7 m
500 mm / 19.7"
3.0 m
550 mm / 21.7"
3.3 m
600 mm / 23.6"
3.6 m
750 mm / 29.5"
4.5 m
900 mm / 35.4"
5.4 m
1000 mm / 39.4"
6.0 m
Minimum Critical Root Zone Calculation: divide DBH (mm) by 166
Example: 800 mm divided by 166 = 4.8 m minimum distance from trunk
Consolidated Bylaw No. 8041 - Page 11.
-
Visible signage must be posted advising that encroachment inside the protected area is forbidden.
Signage to be posted on at least two sides (weather-proof, 11"x17" minimum size). Sign must read:
NO ENTRY
Tree Protection Zone
If barrier has fallen over report immediately for repair
Phone: (xxx) xxx-xxxx
Figure 1 - Standard Tree Protection Zone Barrier Examples