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DISTRICT OF NORTH SAANICH
B Y L A W N O. 1548
A BYLAW TO PROVIDE FOR THE PROTECTION
AND PRESERVATION OF TREES
WHEREAS the Municipal Council may, by Bylaw, exercise certain powers to
preserve and protect Trees within the Municipality, prohibit and regulate their
Cutting and Removal, and require their replacement;
AND WHEREAS Trees provide a variety of individual and community wide
benefits such as stormwater management, carbon absorption, air quality,
heating and cooling, aesthetic, wildlife habitat, cultural, quality of life and
health;
AND WHEREAS the Municipal Council considers it in the public interest to
deter logging and the clear-cutting of treed lots of land, except where such
logging and clear-cutting of treed lots is otherwise permitted, and to provide
for the protection, preservation, regulation, and replacement of a target
density of Trees within the municipality;
NOW THEREFORE the Municipal Council of the District of North Saanich in
open meeting assembled enacts as follows:
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
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Contents
1.
DEFINITIONS ................................................................................................................. 3
2.
APPLICATION AND INTERPRETATION ............................................................... 7
3.
PROHIBITIONS .............................................................................................................. 8
4.
EXEMPTIONS ................................................................................................................. 8
5.
EMERGENCY REMOVAL OF TREES ...................................................................... 9
6.
REMOVAL OF HAZARDOUS TREES OR BRANCHES ....................................... 9
7.
TREE PERMITS .............................................................................................................. 9
8.
TREE PERMIT APPLICATION ................................................................................ 11
9.
REQUIREMENTS FOR TREE PERMITS .............................................................. 12
10.
TREE PROTECTION AND MANAGEMENT CONDITIONS ............................ 13
11.
MEETING THE TREE MINIMUM WITH DEVELOPMENT ............................ 16
12.
REPLACEMENT TREE CONDITIONS .................................................................. 17
13.
INSPECTIONS AND ENFORCEMENT .................................................................. 19
14.
APPEAL ........................................................................................................................... 19
15.
OFFENCE ....................................................................................................................... 20
16.
PENALTY ........................................................................................................................ 20
17.
GENERAL PROVISIONS ............................................................................................ 21
18.
CITATION ....................................................................................................................... 21
19.
REPEAL ........................................................................................................................... 21
Schedule "A" ............................................................................................................................... 23
Tree Survey, Tree Management Plan, Arborist Report and Tree Replacement Plan
Standards for Applications Related to Development ....................................................... 23
Schedule "B" ............................................................................................................................... 27
Tree Protection Fencing Specifications ............................................................................... 27
Schedule "C" ............................................................................................................................... 29
Replacement Tree Stock and Planting Requirements ..................................................... 29
Schedule "D" .............................................................................................................................. 37
District Tree Compensation Value for the Removal of Public Trees ............................ 37
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1. DEFINITIONS
In this Bylaw,
"Agricultural Use" means a use providing for the production, keeping or
maintenance, for sale, lease or personal use, of plants and animals, including but
not limited to forages and sod crops, greens and seed crops, dairy animals and dairy
products, poultry and poultry products, livestock, including beef cattle, sheep,
swine, horses, ponies, mules or goats and any mutations or hybrids thereof,
including the breeding and grazing of any or all such animals; bees and apiary
products; and fruits of all kinds, vegetables, nursery, flora, ornamental and
greenhouse products and includes "farm uses" defined in the "Agricultural Land
Reserve Use Regulation" adopted under the Agricultural Land Commission Act.
"Arborist" means a person holding a current certification of "Certified Arborist"
issued by the International Society of Arboriculture.
"Arborist Report" means a report prepared in accordance with the standards set
out in Schedule "A".
"Board of Variance Bylaw" means the District of North Saanich Board of
Variance Establishment Bylaw No. 1387 (2015).
"Crown" means the entire system of branches, leaves and reproductive structures
of a Tree extending away from the trunk or main stem(s), measured from the
lowest branch.
"Cut" or "Cutting" means cutting down, knocking down, dismantling, or piercing
any or all parts of any Tree including its roots, but does not include Pruning of a
Tree in accordance with Sound Arboricultural Practice.
"Damage" or "Damaged" or "Damaging" means to take any action that is likely
to impact or result in harm to the health or structural integrity of a Tree or
Protected Tree, including:
(a) Pruning not in accordance with Sound Arboricultural Practice;
(b) topping to Remove major portions of a Tree Crown by Cutting
branches to stubs or to the trunk or Cutting of the main leader or
branches, but does not include any re-topping of previously topped trees
where the re-topping does not result in harm to the health or structural
integrity of the Tree or Protected Tree;
(c) lift Pruning where the lower branches of the live Crown (green
branches) of the Tree are Removed to reduce the live Crown to less
than fifty (50) percent of the total Tree height;
(d) Removing more than twenty five (25) percent of the live Crown of a
Tree in any twelve (12) month period;
(e) poisoning, burning or girdling a Tree;
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(f) Cutting or Damaging the roots of a Tree growing inside the
Protected Root Zone;
(g) raising or lowering the grade within the Protected Root Zone;
(h) placing fill, building materials, asphalt, rock, or a building or structure,
or storing or stockpiling of organic material within a Protected Root
Zone;
(i) operating, staging or parking trucks, backhoes, excavators, mini-
excavators, hydro-excavators, mechanical trenchers or other heavy
equipment within a Protected Root Zone;
(j) denting, gouging, drilling, or harming the branches or the trunk of a
Tree;
(k) Removing bark from a Tree;
(l) depositing concrete, washout, or other liquid or chemical substances
harmful to the health of a Tree in a Protected Root Zone;
(m) Removing soil from a Protected Root Zone;
(n) conducting blasting operations within a Protected Root Zone; and
(o) conducting blasting or excavating operations outside of a Protected
Root Zone that would harm roots or disturb soil inside a Protected
Root Zone.
"DBH" (Diameter at Breast Height) means the diameter of a Tree at measured
at 1.4 metres (4.6 feet) above the highest point of natural grade of the ground
measured from the base of a Tree, or, where a Tree has been Removed or
Damaged, means the diameter of a Tree measured at the best available location of
the Tree or the stump of the Tree. For multi-stemmed Trees, the three largest
stems shall be measured 1.4 metres (4.6 feet) above the highest point of natural
grade and the DBH of the Tree shall equal the cumulative total of the DBH of the
three largest stems.
"Development Permit" means a permit authorized under Division 7 of Part 14 of
the Local Government Act.
"Director" means an employee designated from time to time by the Chief
Administrative Officer as the department head responsible for administration of
this Bylaw
"District" means, as the context requires, the District of North Saanich or the area
within the boundaries of the District of North Saanich.
"District Tree" means a Tree on District owned, occupied or leased property.
"Fees and Charges Bylaw" means the District's Fees and Charges Bylaw No.
1471, 2018.
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"Hedge" means a row of Trees or shrubs that through growth and Pruning forms
a continuous dense screen of vegetation from ground level, providing privacy,
fencing, wind breaking, and/or boundary definition.
"High or Extreme Risk Tree" means a Tree that has, in the opinion of a Tree
Risk Assessor, a high or extreme Tree Risk Assessment Qualification ("TRAQ ")
risk rating.
"Municipal Ticket Information Bylaw" means the District's Municipal Ticket
Information Bylaw No. 1544, 2022.
"Official Community Plan" or "OCP" means the Official Community Plan
attached to the District's Official Community Plan Bylaw No. 1130, 2007.
"Owner" means each and every registered Owner in fee simple of a lot of land and
the Trees growing on it, or any person authorized by the Owner or Owners.
"Protected Root Zone" means
(a) the area of land surrounding the trunk of a Tree that contains the bulk
of the critical root system of the Tree, as defined on a plan prepared by
an Arborist and approved by the Director; or
(b) in the absence of such information, the area of land surrounding the
trunk of a Tree contained within a circle having a radius which is
calculated by multiplying the DBH of the Tree by 12.
"Protected Species" the following Tree species with a DBH of 10 centimetres or
more:
(a) Arbutus (Arbutus menziesii);
(b) Garry Oak (Quercus garryana);
(c) Pacific Dogwood (Cornus nuttallii);
(d) Pacific or Western Yew (Taxus brevifolia); and
(e) Shore or Lodge Pole Pine (Pinus contorta var. contorta).
"Protected Tree" means the following:
(a) A Tree of a Protected Species;
(b) A Significant Tree;
(c) A District Tree;
(d) A Tree within an area designated in the Official Community Plan as
a Development Permit area for the protection of the natural
environment, its ecosystems and biological diversity or for the protection
of development from hazardous conditions under section 488 of the Local
Government Act;
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(e) A Tree retained or replaced as a requirement of a subdivision
application, preliminary layout acceptance, Development Permit,
blasting permit, building permit, fill permit or a plumbing permit;
(f) A Tree with evidence of nesting or use by:
raptors as defined in the Wildlife Act,
osprey, or
a heron colony; and
(g) A Replacement Tree.
"Pruning" means the Cutting of twigs or branches in accordance with the Sound
Arboricultural Practice.
"Qualified Professional" means a person in good standing with a legislated self-
regulating association in British Columbia who is acting within the individual's
area of expertise and includes a professional Biologist, Agrologist, Arborist,
Forester, Geoscientist, Engineer, Architect, and Landscape Architect.
"Remove, Removing, Removal or Removed" means to Cut a Tree and remove
it from the lot where it was growing prior to Cutting.
"Replacement Tree" means a Tree that will or has been planted on a lot to:
(a) replace Trees Removed or irreparably Cut, pruned or Damaged on
the same lot as required by the District in accordance with this
Bylaw, or
(b) achieve the Tree Minimum on a lot.
"Significant Tree" means any Tree having a DBH that is 60 cm (24 inches) or
more, but excludes cottonwood (Populus balsamifera ssp. trichocarpa), alder (Alnus
rubra), and Pacific willow (Salix lucida).
"Sound Arboricultural Practice" means practices in accordance with the most
current version of the American National Standards Institute (ANSI) Publication,
"American National Standard for Tree Care Operations - Tree, Shrub, and Other
Woody Plant Management - Standard Practices" and the companion "Best
Management Practices" Series of the International Society of Arboriculture.
"Tree" or "Trees" means a woody, self-supporting, perennial plant with a root
system and having a single or multiple stem:
(a) with a DBH of 20 centimetres (8 inches) or more;
(b) with a DBH of 10 centimetres (4 inches) or more within an area
designated in the District's Official Community Plan as a
Development Permit area for the protection of the natural
environment, its ecosystems and biological diversity or for the
protection of development from hazardous conditions under section
488 of the Local Government Act; or
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(c) of any size when a District Tree.
"Tree Management Plan" means a plan prepared in accordance with the
standards set out in Schedule "A".
"Tree Minimum" means 50 Trees per hectare (20 Trees per acre).
"Tree Permit" means a permit issued pursuant to this Bylaw.
"Tree Replacement Fund" means a fund where security deposits are retained by
the District and if retained by the District may be used to pay for the future
management, care and replacement of District Trees
"Tree Replacement Plan" means a plan prepared in accordance with the
standards set out in Schedule "A".
"Tree Risk Assessor" means an Arborist who holds the International Society of
Arboriculture's TRAQ.
"Tree Survey" means a survey prepared in accordance with the standards set out
in Schedule "A".
"Zoning Bylaw" means the District Zoning Bylaw No. 1255, 2011.
2. APPLICATION AND INTERPRETATION
2.1 This Bylaw applies to all lands under the jurisdiction of the District.
2.2 Any calculation of the number of Trees under this Bylaw which produces a
requirement for part of a Tree shall be rounded up to the next highest
integer.
2.3 All words and phrases that are not defined in this Bylaw must be construed
in accordance with the meanings assigned to them in other bylaws, the
Community Charter, the Local Government Act and the Interpretation Act as
the context and circumstances require.
2.4 A reference to a statute in this bylaw refers to a statute of the Province of
British Columbia, and a reference to any bylaw, enactment, publication or
standard refers to that bylaw, enactment, publication or standard as it may
be amended, consolidated or replaced from time to time.
2.5 Words in the singular include the plural, and gender specific terms include
both genders and corporations.
2.6 Headings in this bylaw are for convenience only and do not define or limit
the scope or intent of this bylaw.
2.7 A reference to a section number is a reference to a section number in this
bylaw unless otherwise indicated.
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3. PROHIBITIONS
3.1 Except where an exemption under section 4 applies, no person shall Cut,
Damage or Remove any Tree or Protected Tree or cause, suffer or
permit any such Tree or Protected Tree to be Cut, Damaged or
Removed, unless a Tree Permit has been issued and the activity is
carried out strictly in accordance with the Tree Permit.
3.2 No person shall fail to comply with the requirements of this Bylaw.
3.3 No person shall alter, falsify, or otherwise misrepresent any information on
Tree Permit or application.
3.4 No person shall Cut, Damage or Remove any Tree, the Removal of
which requires a Development Permit under the Official Community
Plan, prior to the issuance of a Development Permit.
4. EXEMPTIONS
4.1 This Bylaw does not apply to:
(a) Trees that are Cut or Removed within the Agricultural Land Reserve
established under the Agricultural Land Commission Act, provided that
the Owner files with the District a commissioned affidavit and an
Arborist Report verifying that the purpose of Cutting or Removal of
a Tree is to enable the land on which the Trees are growing to be used
for an Agricultural Use and that the Agricultural Use cannot be
located elsewhere on the lot so as to accommodate the Tree;
(b) Pruning of Trees or Hedges when the Pruning is done in accordance
with Sound Arboricultural Practice;
(c) Trees that are Cut or Removed, pursuant to the Hydro and Power
Authority Act or the Pipeline Act;
(d) Trees that are Cut or Removed by a qualified land surveyor pursuant
to the Land Surveyors Act when Cutting survey lines of a width of less
than 2 metres (6.5 feet);
(e) Trees that are Cut, Damaged or Removed pursuant to works
undertaken by the District or its authorized agents;
(f) Trees on property owned by either the Government of Canada or the
Province of British Columbia that are Cut or Removed by that entity
or its authorized agents;
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(g) Trees on the property located in the area zoned as Private Common
Area/Open Space Zone (P5) in the Zoning Bylaw and which are located
on common property of the Eagle Ridge Strata (Plan VIS 1579) or Wood
Creek Strata (VIS 768) (both "Exempt Stratas"), for so long as the
Exempt Strata has in place strata bylaws or a covenant registered
against title restricting the Cutting of Trees and Protected Trees on
common property to the satisfaction of the Director;
(h) Trees that are Cut or Removed to ensure airport navigational safety;
or
(i) Re-topping of a tree that does not cause Damage to the tree.
5. EMERGENCY REMOVAL OF TREES
5.1 In the event that a Tree is in imminent danger of falling and injuring
persons or property due to natural causes, and it is not possible to obtain a
Tree Permit prior to the Tree falling, the Owner may Cut the Tree or
have it Cut but shall report the Cutting to the Director within the next
business day. The Owner shall not Remove the Tree from the lot until the
District has visited the lot and confirmed that the Tree was in imminent
danger of falling and injuring persons or property. If the District
determines that the Tree was not in imminent danger, or was in imminent
danger, but due to reasons other than natural causes, the District may
impose a penalty on the Owner in accordance with section 16.
6. REMOVAL OF HAZARDOUS TREES OR BRANCHES
6.1 The Director may, by providing written notice to such person, require that
an Owner of a lot trim, Remove, or Cut any Trees, Hedges, bushes or
shrubs on the lot that the Director considers to be:
(a) a hazard to the safety of persons on public land; or
(b) likely to damage public property.
6.2 If the Director requires, by providing notice to such person, that an Owner
of a lot trim or Remove a Tree, the Director may waive or reduce the
Tree Permit fee and the Replacement Tree requirement.
7. TREE PERMITS
7.1 Prior to Cutting, Damaging or Removing a Tree or a Protected Tree,
applicants must apply to the District for a Tree Permit using the
prescribed application form.
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7.2 A Tree or a Protected Tree may only be Cut, Damaged or Removed
where its Owner holds a valid and subsisting Tree Permit to do so.
7.3 The Director may issue a Tree Permit to Cut or Remove a Tree, other
than a Protected Tree, in the following circumstances:
(a) the lot of land will retain the number of Trees or Protected Trees
required to meet the Tree Minimum; and
(b) not more than 12 Trees per hectare (5 Trees per acre) per calendar
year are being Removed in a contiguous group.
7.4 In addition to 7.3, the Director may issue a Tree Permit to Cut or
Remove a Tree or a Protected Tree in the following circumstances:
(a) the Tree or Protected Tree will be critically impacted by the construction
of a principal building;
(b) the Tree or Protected Tree will be critically impacted by a building,
structure or other improvement that is not a principal building (the
"Installation") and it is not possible to modify or relocate the Installation
elsewhere on the lot in order to retain the Tree or Protected Tree;
(c) it is a High or Extreme Risk Tree or has an imminent likelihood of
failure and the risk or likelihood of failure cannot be mitigated other
than by Cutting, Damaging or Removing the Tree where no building
permit is required, the construction, building or other such site
alteration, cannot be modified or relocated on the lot n order to retain
the Tree or Protected Tree;
(d) it is dead or more than fifty (50) percent of its Crown is dead;
(e) it is of a species that is a regulated invasive plant or unregulated
invasive plant of concern in British Columbia as declared by the
Province or the Invasive Species Council of BC;
(f) it is situated within two (2) metres of an existing foundation wall
permitted pursuant to the Zoning Bylaw, as measured from the outer
stem of the Tree at 1.4 metres up the stem, to the foundation;
(g) The Tree is causing damage to a structure or infrastructure and the
damage cannot be mitigated other than by Cutting, Damaging or
Removing the Tree, as determined by the Director or a Qualified
Professional Engineer with the approval of the Director; or
(h) it poses a wildfire hazard to the property and the wildfire hazard cannot
be reduced or eliminated other than by Removing the Tree as
determined by a Qualified Professional Forester and to the
satisfaction of the Director.
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8. TREE PERMIT APPLICATION
8.1 Applications for Tree Cutting, Damage or Removal shall be made in the
form prescribed for that purpose by the Director and available on the
District's website.
8.2 In addition to 8.1, the Director may require the applicant to provide any of
the following documents:
(a) Where the lot is subject to a permit application related to development:
an Arborist Report, a Tree Survey, a Tree Management Plan,
and a Tree Replacement Plan, or any one or other combination of
the foregoing;
preliminary lot grading and servicing;
written confirmation and photo documentation by an Arborist that
Tree protection fencing is in place and constructed in accordance with
Schedule "B"; and
a letter of undertaking, in the form prescribed for that purpose by the
Director, from an Arborist and the Owner to the District.
(b) Where the Tree is a High or Extreme Risk Tree, a written report
from a Tree Risk Assessor;
(c) Where the Director considers that the proposed Cutting, Removal or
Damage could result in:
slope destabilization or landslip, flooding or erosion;
adverse impacts on retained Trees or adjacent properties;
risk of blowdown;
risk of personal injury, or Damage to property; or
detrimental effects on watercourses, fish or wildlife habitat, or other
important environmental features or functions;
a report by a Qualified Professional addressing those risks and
certifying that, if carried out in accordance with recommendations in
the report, the risks may be minimized, and how they can be
minimized.
(d) Other information that the Director determines is necessary to
adequately describe the nature and extent of the proposed Cutting,
Damage or Removal.
8.3 A Tree Permit holder may apply in writing to the Director for an
amendment or extension of their Tree Permit before the date that the
permit expires as set out in section 9.9. If a Tree Permit lapses before an
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application to the Director for an amendment or extension, a Tree Permit
holder must obtain a new Tree Permit from the Director.
9. REQUIREMENTS FOR TREE PERMITS
9.1 The Director may issue, amend or extend a Tree Permit if:
(a) the Director has approved any document or information that was
required by the Director in accordance with this Bylaw;
(b) the applicant has paid all applicable fees prescribed in the Fees and
Charges Bylaw;
(c) the applicant has provided any security required in accordance with
sections 10.3(c) or 12.5;
(d) the applicant has paid any cash-in-lieu or compensation for District
Trees in accordance with sections 12.2 and 12.3; and
(e) all other conditions of this Bylaw have been met.
9.2 Notwithstanding, Section 9.1, the Director may renew a Tree Permit a
maximum of two times.
9.3 The Director may include conditions regarding the Cutting, Removal,
replacement or retention of a Tree in a Tree Permit, and the Tree Permit
holder and the Owner must ensure compliance with those conditions.
9.4 If the Director extends or modifies a Tree Permit, all terms and
conditions set out in the original Tree Permit shall apply to each extension
or modification of the Tree Permit, except:
(a) as expressly amended or modified by the extension or modification form;
and
(b) that the applicant may be required to provide additional protection
security in accordance with sections 10.3(c) or 12.5.
9.5 If circumstances on the site or requirements pursuant to this Bylaw have
changed significantly, or it is impractical to extend or modify a permit, the
Director may require the Tree Permit holder to apply for a new Tree
Permit.
9.6 After reviewing an application, the Director may do any of the following:
(a) Issue, amend or extend a Tree Permit subject to conditions; or
(b) refuse to issue, amend or extend a Tree Permit and provide written
notice of the reasons for refusal within 15 days of the date of refusal.
9.7 The Director may refuse a Tree Permit if:
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(a) the application appears to be in contravention with this Bylaw or
another bylaw of the District;
(b) it is the Director's opinion that the issuance of a Tree Permit would
be contrary to the Official Community Plan;
(c) the application appears to be in contravention with a provincial Act or
Regulation or a federal Act;
(d) the Cutting, Damage or Removal would create a hazard to any
adjacent property or other Tree in the vicinity;
(e) the Director is not satisfied that the standards and requirements of
this Bylaw or the Tree Permit are being met, or that they can
effectively be met; or
(f) The applicant fails to comply with the requirements of this Bylaw.
9.8 The Director may suspend or cancel a Tree Permit if:
(a) the Tree Permit holder or the Owner fails to comply with a term or
condition of the Tree Permit,
(b) the application for the Tree Permit contains misleading, inaccurate,
incomplete or erroneous information or omits information required
under this Bylaw;
(c) it is the Director's opinion that the issuance of a Tree Permit would
be contrary to the Official Community Plan; or
(d) the Tree Permit holder or the Owner fails to comply with this Bylaw.
9.9 The amount of time for which a Tree Permit is valid is as follows:
(a) where the Tree Permit is issued concurrent with a permit application
related to development, two years from the date of Tree Permit
issuance; and
(b) for all other permits, one year from the date of issuance.
10. TREE PROTECTION AND MANAGEMENT CONDITIONS
10.1 Upon issuance, the holder of a Tree Permit must:
(a) display a copy of the Tree Permit on the subject property at least 48
hours before commencing Tree Cutting, Removal or Damage in an
accessible, visible location acceptable to the Director; and
(b) identify with a flag, paint, survey tape or other similar markers each
Tree to be Removed.
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10.2 All work authorized by a Tree Permit shall be conducted by the Owner or
by a Tree service company that has a valid business license to work within
the District.
10.3 If in the Director's opinion it is necessary based on the proximity of Trees
on a lot to adjacent construction, demolition, excavation, or installation of
works and services, the Director may require the Owner to:
(a) install and maintain Tree protection fencing around the Protected
Root Zone of the Tree or Protected Tree, in accordance with
Schedule "B",
(b) implement alternative protective measures approved by the Director,
or
(c) remit a protection security of $1,000 per Tree and $3,000 per
Significant Tree up to a maximum of $50,000 per lot when
construction, demolition, excavation, or installation of works and
services may Damage a Tree or Protected Tree.
10.4 The protection security in section 10.3(c), if applicable, may be:
(a) submitted in the form of cash, cheque, irrevocable letter of credit, bank
draft or in a form satisfactory to the Director;
(b) returned to the permit holder once all of the following conditions are
satisfied:
all construction, demolition, excavation, or installation of works and
services on the site is complete;
a final occupancy permit for a building or structure on the lot has
been issued by the District, if applicable; and
the applicant's Arborist has provided an Arborist Report, to the
satisfaction of the Director, including photographs, monitoring dates
and supervision memos as evidence confirming that the Trees or
Protected Trees have not been Damaged in violation of this Bylaw
and have been properly protected and maintained in accordance with
this Bylaw and the Tree Permit; or
(c) transferred to the Tree Replacement Fund if all of the requirements
for release of security have not been satisfied within the earlier of:
two years from the date that all construction, demolition, excavation,
or installation of works and services on the site is completed,
two years from the date that a final occupancy permit has been issued
for a building or structure on the lot, or
two years from the date of issuance of the Tree Permit, unless the
Tree Permit has been extended in accordance with the provisions of
this Bylaw.
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10.5 The Director may require the Owner to submit an impact assessment
report by an Arborist detailing observed or suspected Damage and
recommending mitigation options for a Protected Tree. The Director may
require such a report to obtain further information on any of the following:
(a) whether a Tree or Protected Tree was significantly Damaged in
violation of this Bylaw;
(b) whether a Tree or Protected Tree that was Damaged will survive or
be safe to retain; or
(c) whether mitigation of the Damage can improve the health of the Tree
or Protected Tree.
10.6 If a Tree or Protected Tree is Cut, Removed or Damaged in violation of
this Bylaw, and the Tree will not survive or is not safe to retain, the
Director may retain the full security amount that was provided for the
Tree, if applicable, and such money shall be placed in the Tree
Replacement Fund.
10.7 If a Protected Tree is significantly Damaged in violation of this Bylaw,
and the Tree will survive and be safe to retain, the Director may:
(a) require that the Owner have mitigation work completed by an
Arborist, if mitigation of the Damage may improve the health or
structure of the Tree; or
(b) retain 50% of any security amount that was provided for the Tree and
place it in the Tree Replacement Fund, if the Director is not
satisfied that either the mitigation of the Damage can improve the
health or structure of the Tree or that the Owner will have an
Arborist perform the mitigation work.
10.8 When a Tree or Protected Tree has been Cut, Damaged or Removed in
violation of this Bylaw, the trunk, limbs, roots and other remains of the
Tree shall not be Removed from the lot until an investigation and
assessment by the Director is complete and the Removal is expressly
authorized by the Director.
10.9 Notwithstanding any of the requirements of this section, an Owner that
Cuts, Damages or Removes a Tree or Protected Tree in violation of this
Bylaw remains subject to penalties pursuant to this Bylaw.
10.10
Every Owner of a property where a Tree protection fence is required
must ensure that, throughout the entire period of construction, demolition,
excavation, or installation of works and service, the fence:
(a) is maintained in accordance with Schedule "B"; and
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
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(b) remains in place, unless the Director is satisfied that the Tree
protection fence is no longer necessary and has authorized, in writing,
its Removal at an earlier time.
(c) A person must not Damage, destroy, or alter an authorized Tree
protection fence.
10.11
Notwithstanding subsections 10.3(a), 10.10, and 10.10(c), the Director
may authorize the temporary Removal or relocation of the Tree protection
fence to allow work to be done within or near a Protected Root Zone. Such
authorization must be in writing, and may include conditions such as
requiring the applicant to provide:
(a) An Arborist Report from the applicant's Arborist, satisfactory to the
Director, setting out the reasons and proposed duration for such
Removal or relocation; and
(b) a signed letter of undertaking from the applicant's Arborist, in the form
prescribed for that purpose from time to time by the Director,
confirming that the applicant's Arborist will be on site and supervising
all such work.
and thereafter, the applicant shall only Remove or relocate the Tree
protection fencing in accordance with the approved report and at those times
during which the applicant's Arborist will be on site and supervising all such
work.
11. MEETING THE TREE MINIMUM WITH DEVELOPMENT
11.1 Where the lot is subject to a subdivision permit application, the applicant
will be required to achieve the Tree Minimum on each lot:
(a) by requiring the retention of Trees or Protected Trees;
(b) by requiring the Owner to provide and maintain Replacement Trees;
or
(c) where the Director determines that it is not feasible or desirable to
require Replacement Trees on the same lot on which the Trees were
Removed, by requiring the Owner to pay $700 into the District's
Tree Replacement Fund for each Replacement Tree that will not be
planted.
11.2 For the purpose of calculating whether a lot retains the Tree Minimum:
(a) each Tree or Protected Tree that is retained, other than a
Significant Tree, shall count as one Tree; and,
(b) each Significant Tree that is retained shall count as three Trees.
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11.3 A Tree or Protected Tree must be in good health and must not be a High
or Extreme Risk Tree in order to be counted towards the Tree
Minimum.
12. REPLACEMENT TREE CONDITIONS
12.1 Where the Director has issued a Tree Permit, a Tree Permit holder
shall plant two Replacement Trees for each Protected Tree and Tree
that is allowed to be Removed, up to a maximum total number of
Replacement Trees that achieves the Tree Minimum for the lot.
12.2 Notwithstanding 11.1 and 12.1:
(a) each Significant Tree that is Removed shall require three
Replacement Trees, except where a lot achieves a tree density of 50
Significant Trees per hectare (20 Significant Trees per acre);
(b) each Tree that is Removed within an area designated in the Official
Community Plan as a Development Permit Area for the protection of
the natural environment shall require two Replacement Trees of a
native species that is likely to flourish on the site and is acceptable to
the Director;
(c) each District Tree Removed shall require the Tree Permit holder to
compensate the District with the cash value in accordance with
Schedule "D"; and,
(d) no Replacement Trees or cash value will be required when the Tree
or Significant Tree that is Removed is a High or Extreme Risk
Tree, dead, a wildfire hazard under section 7.4(h) or is of a species that
is a regulated invasive plant or unregulated invasive plant of concern in
British Columbia as declared by the Province or the Invasive Species
Council of BC.
12.3 If, in the opinion of the Director, the lot cannot accommodate one or more
of the required Replacement Trees on the same lot on which the Trees
were Removed, the Owner shall provide to the District a cash-in-lieu
payment of $250 for each required Replacement Tree that cannot be
accommodated on the lot, which cash-in-lieu payment is to be placed into
the Tree Replacement Fund.
12.4 Notwithstanding 12.3, where the lot is subject to a subdivision permit
application, the applicant shall provide a cash-in-lieu payment of $700 for
each required Replacement Tree that cannot be accommodated on the lot,
which cash-in-lieu payment is to be placed into the Tree Replacement
Fund.
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12.5 If Replacement Trees are required, the Owner shall provide security in
the amount of $250 for each Replacement Tree to be planted and
maintained.
12.6 Notwithstanding 12.5, where the lot is subject to a subdivision permit
application, the applicant shall provide security in the amount of $700 for
each Replacement Tree to be planted and maintained, except for those
Replacement Trees covered by a landscaping bond as part of a
Development Permit.
12.7 The security in section 12.5 or section 12.6 may be submitted in the form of
cash, cheque or irrevocable letter of credit, bank draft or in a form
satisfactory to the Director.
12.8 Full security for each Replacement Tree held by the District will, upon
application by the Owner, be returned to the permit holder upon
confirmation by the Director that each Replacement Tree was planted
and is in a healthy condition on the date specified in section 12.9.
12.9 Every Owner required to plant a Replacement Tree must plant it by the
following deadline:
(a) where the Tree Permit is issued in support of a permit application
related to development, the within the earlier of
one year from the date that the final occupancy permit is issued for
the building or structure on the lot, or
four years from the date of Tree Permit issuance, unless the Tree
Permit has been extended in accordance with the provisions of this
Bylaw; or
(b) for any other Tree Permit application, one year from the date of permit
issuance.
12.10
Replacement Trees must be planted on the same lot where they were
Removed unless the Owner made a cash-in-lieu payment in accordance
with section 12.3.
12.11
Every Owner required to plant a Replacement Tree must plant and
maintain each Replacement Tree in accordance with Sound
Arboricultural Practice, the Tree Permit, any Tree replacement plan
required, the requirements Schedule "C", and the latest edition of the
CNLA/CSLA "Canadian Landscape Standard".
12.12
If any Owner fails to plant a Replacement Tree when required to do
so by this Bylaw or a Tree Permit, the District may retain all security
held by the District for that Replacement Tree, and such money shall
then be used for the planting of a Tree on another site to replace the Tree
canopy lost.
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13. INSPECTIONS AND ENFORCEMENT
13.1 The Director or a District employee authorized by the Director may
enter at all reasonable times on any property to make an assessment or
inspection for any purpose under this Bylaw.
13.2 A person must not prevent or obstruct, or attempt to prevent or obstruct, an
entry authorized under 13.1.
13.3 If a person has caused or allowed a Tree or Protected Tree to be Cut,
Damaged or Removed in contravention of this Bylaw or contrary to a
Tree Permit, or if the information supplied by the applicant in the
application for a Tree Permit is determined to be misleading, inaccurate,
incomplete or erroneous, without limiting other enforcement action under
this Bylaw, the Director may issue and post at the lot a Stop Work notice
requiring the Owner and all persons having notice of the Stop Work notice
to immediately stop Tree Cutting and activity causing Damage and all
work within the Protected Root Zone of the affected Tree on the lot until
otherwise authorized to continue in writing by the Director.
13.4 A person must not fail to comply or permit any action or thing to be done in
contravention of any order or notice issued by the Director.
13.5 The Owner of a lot on which a Stop Work notice has been posted, and every
other person having knowledge of the Stop Work notice shall immediately
cease all Tree Cutting and activity causing Damage and all work within
the Protected Root Zone of the affected Tree, and shall not resume until
all applicable provisions of this Bylaw have been complied with and the Stop
Work notice has been rescinded by the Director.
14. APPEAL
14.1 The Owner of a lot on which a Tree is subject to a decision by the Director
may request that Council reconsider the decision or any condition attached
to the decision in accordance with this section.
14.2 If an Owner would like Council to reconsider a decision of the Director,
the Owner shall deliver written notice to the Chief Administrative Officer
of the Owner's request to have Council reconsider the decision within thirty
(30) days of receiving the decision. The written request for reconsideration
must include the following information:
(a) The name and contact information for the Owner;
(b) A description of the decision of the Director that the Owner is asking
Council to reconsider;
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(c) The legal description and civic address of the lot owned by the Owner;
and
(d) The reasons why the Owner wishes for Council to reconsider the
decision of the Director.
14.3 An Owner may apply, in accordance with the Board of Variance Bylaw,
to the board of variance for an order under section 542 of the Local
Government Act. Unless otherwise ordered by the Board of Variance, an
Owner who receives an order from the Board of Variance which permits a
minor variance to the requirements of this Bylaw shall provide to the
District a cash-in-lieu payment of $250 for each Tree permitted to be
removed in contravention of this Bylaw, which cash-in-lieu payment is to be
placed into the Tree Replacement Fund.
15. OFFENCE
15.1 Any person who:
(a) violates or fails to comply with any provision of this Bylaw;
(b) submits misleading, inaccurate, incomplete or erroneous information to
the District in order to qualify for an exemption or obtain a Tree
Permit;
(c) permits, suffers or allows any action or thing to be done in violation of
this Bylaw; or
(d) fails or neglects to do anything required to be done under this Bylaw,
contravenes this Bylaw, and when the contravention is a continuing one,
each day that the contravention continues constitutes a separate
contravention, and when the contravention Damages more than one Tree,
the Damages to each Tree constitutes a separate contravention.
15.2 Any person who contravenes this bylaw commits an offence and upon
conviction by way of a proceeding under the Offence Act is liable to a penalty
of up to fifty thousand dollars ($50,000.00) for each offence and the costs of
prosecution.
15.3 This bylaw may be enforced by the issuance of a municipal ticket information
under the Municipal Ticketing Information Bylaw.
16. PENALTY
16.1 In the event that the Owner of the lot fails to pay the costs of compliance
before the 31st day of December in the year following the year that the
compliance was effected by the District, the costs shall be added to and
form part of the taxes payable on the lot as taxes in arrears.
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16.2 Other than a municipal ticket information issued under the Municipal
Ticketing Information Bylaw, every person convicted of an offence under
this Bylaw shall be liable as follows:
(a) subject to subsections (b) and (c), the minimum penalty for an offence
under this Bylaw is a fine of not less than $500.00, and not more than
$50,000.00, per Tree;
(b) any person who commits an offence under this Bylaw that results in the
Removal, death or other loss of a Tree or Protected Tree is subject to
a fine of not less than $5,000.00, and not more than $50,000.00, per
Tree; and
(c) any person who commits an offence under this Bylaw that results in the
loss of a Significant Tree is subject to a fine of not less than $10,000,
and not more than $50,000, per Tree.
16.3 The penalties for a municipal ticket information issued under the
Municipal Ticketing Information Bylaw shall be as set out in the
Municipal Ticketing Information Bylaw.
17. GENERAL PROVISIONS
17.1 The provisions of this Bylaw are severable and the invalidity of any part of
this Bylaw shall not affect the validity of the remainder of this Bylaw.
18. CITATION
18.1 This Bylaw may be cited as "District of North Saanich Tree Protection
Bylaw No. 1548, 2022".
19. REPEAL
19.1 District of North Saanich Tree Protection By-law No. 935, 1999 and all
bylaws amending the said bylaw are hereby repealed.
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
READ A FIRST TIME the 20 day of September, 2022.
READ A SECOND TIME the 20 day of September, 2022.
READ A THIRD TIME the 20 day of September, 2022.
FINALLY PASSED AND ADOPTED the 3rd day of October, 2022.
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MAYOR /7
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CORPORATE OFFICER
22
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23
Schedule "A"
Tree Survey, Tree Management Plan, Arborist Report and Tree
Replacement Plan Standards for Applications Related to
Development
A. Tree Survey
1. The purpose of the tree survey is to accurately locate the position of the Trees
that may be impacted by the proposed work on or adjacent to a lot, to establish
Ownership and to accurately establish the Protected Root Zones of all Trees
and Tree protection requirements for Tree retention during development. The
tree survey should be used as the base for the Tree management plan.
2. The tree survey must comply with the following requirements:
a. The tree survey must be based on a legal survey of the lot, completed by a
registered BCLS surveyor.
b. All dimensions included on the tree survey must be metric.
c. The tree survey must be a scaled drawing, legible at 11" x 17" and include the
following:
i. The locations and type of all existing and proposed utilities entering or
immediately adjacent to the subject lot(s) comprising the site.
ii. Legal description; rights-of-way, covenant areas, easements, existing and
proposed property lines; existing and proposed building footprints and
excavation zones; walkways, patios, driveways and access; existing and
proposed grades at each of the four corners of the subject site; water,
storm and sanitary sewer lines; Hydro, telephone and gas lines; plus any
proposed or existing service kiosks must also be shown.
iii. A sufficient number of elevation points so that areas where Cuts or fills
are required can be identified on future grading plans and the Tree
Management Plan.
iv. The location and diameter at breast height (DBH) of all:
- Trees and Protected Trees on the subject lot,
- Trees on the District frontage and any other District Trees that
may be impacted, and
- Trees and Protected Trees on adjacent properties with Protected
Root Zones or tree canopies extending onto the subject lot, or that
would otherwise require tree protection.
v. The type (i.e., coniferous or deciduous) of all Trees.
vi. A title block with north arrow, scale, date, surveyor or professional
engineer's seal and company name.
vii. A legend to identify symbols is required. Revised plans must be dated.
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B. Tree Management Plan
1. The purpose of submitting the Tree Management Plan is to show the location
of Trees along with their canopy spread and Protected Root Zones in relation
to proposed changes, so potential impacts can be analyzed and Trees can be
identified as retained or Removed. Additionally, the Tree Management Plan
is used to show where tree protection fencing, Arborist supervision, ground
protection or other mitigation measures are required.
2. The Tree Management Plan must comply with the following requirements:
a. It must be prepared with the Tree Survey as its basis and include the
location of all inventoried Trees.
b. It must be prepared by an Arborist.
c. It must show all proposed changes including buildings, landscaping,
hardscaping, and frontage works.
d. It must show Trees to be Removed, indicated with a bold X through the
survey point.
e. It must show Trees to be retained, indicated at the survey point with a
circle symbol and the Protected Root Zone must be indicated with a
bold, scaled, solid-line circle.
f.
It must show any works requiring Arborist supervision or tree protection
recommendations and indicate the location where they apply.
g. It must include a title block with north arrow, scale, date and company
name, and a legend to identify symbols, all dimensions in metric.
h. It must identify all inventoried onsite Trees with unique, reference ID
numbers, in accordance with the Arborist Report.
i.
It must identify Trees on adjacent properties in reports and plans as
'Offsite' trees with unique numbers (OS-##), and District Trees with
unique numbers (D-##).
j.
It must date all plans and revisions.
3. The applicant must provide the Arborist with up-to-date drawings and inform
the Arborist of any details for proposed changes to plans throughout all stages of
the development.
C. Arborist Report
1. The purpose of the Arborist Report is to provide the necessary information to
determine suitable Trees for preservation, and to prescribe Tree protection and
mitigation measures, including the definition of specific areas and activities
requiring Arborist supervision.
2. The Arborist Report must comply with the following requirements:
a. It must be prepared by an Arborist who is also a Tree Risk Assessor.
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b. It must include a title page/introduction to include: Name of Arborist
and company, Arborist ISA certification number, address, project and
proponent information, project background and consultant's assignment,
general site observations including aerial context photo;
c. It must include a description of proposed work and, when applicable,
proposed development on the lot including all hardscape, landscape,
hydrology and grade changes, all proposed frontage work, and all
underground and overhead utility services.
d. It must include the following Trees:
i. Trees and Protected Trees on the subject lot,
ii. Trees on the District frontage and any other District Trees that
may be impacted, and
iii. Trees and Protected Trees on adjacent properties with Protected
Root Zones or Tree canopies extending onto the subject lot, or that
would otherwise require tree protection.
e.
It must include a tree inventory in table format with species, DBH,
canopy diameter, condition, location, retention suitability, tag number,
and comments about proposed site plan in relation to potential Tree
impacts. Comments should address tree Removal, grading plan, site
servicing, building elements and landscape grading, soil preparation,
proposed hardscape, irrigation and lighting elements, Pruning
requirements, retention/Removal recommendation including comments
for Tree protection measures and the Protected Root Zone.
f. It must include, when relevant, Tree risk assessment for Trees on the
subject lot (or other areas at the discretion of the Tree Risk Assessor) in
a table format with High or Extreme Risk Trees summarized using the
International Society of Arboriculture (ISA) Tree Risk Assessment
Qualification (TRAQ) criteria. Tree Risk Assessors should use a two-
year time frame to determine the probability of failure.
g. It must include a tree retention and Removal summary table by Trees
and Protected Tree type.
h. It must include a tree replacement summary table calculating the total
Trees required on site. For sites required to meet the Tree Minimum,
the table should include credits for retained Trees on-site, credits for
Replacement Trees on-site and any Replacement Tree deficit.
i.
It must include a list of other consulting agency documents that inform
the tree assessment, including the version and date of such documents
(e.g., lot layout plans, servicing plans, biologist reports).
j.
In must include site photos that:
i. capture the context of inventoried Trees on the site,
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
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ii. capture individual Trees when there are specific considerations or
conditions of concern for that Tree that are addressed in the
Arborist Report,
iii. are labelled as numbered figures with captions describing any
numbered Tree tags, direction of photo, and description of what it is
pictured, and
iv. are marked up with Tree tag numbers for each Tree if multiple
Trees are shown.
k. Date all revisions.
D. Tree Replacement Plan
1. The purpose of the replacement tree plan is to show where new Trees will be
planted on site as replacements for Protected Trees. It must identify all
Protected Trees that are to be retained, and the species and location of all
proposed Replacement Trees.
2. The Replacement Tree plan must:
a. Be prepared by an Arborist or landscape architect.
b. Show Trees to be retained.
c. Show the location and species of proposed Replacement Trees consistent
with the requirements in Schedule "C".
d. Include a title block with north arrow, bar scale, date and company name,
and a legend to identify symbols.
e. Date all plans and revisions.
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Schedule "B"
Tree Protection Fencing Specifications
The requirements for tree protection barriers are as follows:
1. The barrier must be placed around the outside of the Protected Root Zone
of the Tree, or as approved by the Director; and
2. The barrier must meet the following specifications:
a. The fence will be constructed using 38 x 89 mm (2" x 4") wood frame
for top, bottom and posts (in rocky areas, metal posts (t-bar or rebar)
drilled into rock will be accepted);
b. Use snow fencing mesh and secure to the wood frame with "zip" ties or
galvanized staples; and
c. Have Attached a sign with minimum size of 407 mm x 610 mm (16" X
24') with the following wording:
i. DO NOT ENTER- Tree Protection Zone (for retained trees) or;
ii. DO NOT ENTER- Future Tree Planting Zone (for tree planting
sites).
iii. This sign must be affixed on every fence face or at least every 10
linear metres.
Below is an example showing an acceptable barrier:
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Schedule "C"
Replacement Tree Stock and Planting Requirements
A. Size of stock
1. Replacement Trees must be:
a. Where the Tree Permit was issued in support of a permit application
related to development, at time of planting, a minimum of 6.0 cm
caliper for deciduous Trees and a minimum of 2.0 m in height for
coniferous Trees, or
b. For all other sites, at time of planting, a minimum 4.0 cm caliper or 10
gallon pot size for deciduous Trees and a minimum of 1.5 m in height
for coniferous Trees, except for the Tree species Arbutus menziesii,
which must be contained in a #5 pot when acquired from a nursery or a
landscaper-supplier.
2. Despite the above subsections, Replacement Trees may be of a comparable
size approved by the Director if obtaining the above sizes is not possible.
B. Spacing
1. Replacement Trees must be planted:
a. At least 3.0 m away from a building foundation wall,
b. At least 1.0 m away from any property line of a lot, above and
underground utility, driveway or other paved surface, and
c. In a location approved by the Director.
2. Every Replacement Tree must be spaced from existing Trees and other
Replacement Trees in accordance with the table below to ensure the best
chance of survival of the replacement and existing Trees.
Row
#
Tree Size
Minimum spacing
1
Small Tree
2.0 m
2
Medium Tree
4.0 m
3
Large Tree
6.0 m
C. Timing of planting
1. Replacement Trees must be planted during the suitable local planting
seasons generally defined as fall (September - November) and spring
(February - April).
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2. Despite the above subsection, where planting must occur outside of the
prescribed time periods, then a strategy for ensuring the Trees are watered
(in the summer) and appropriately cared for must be included as part of the
Tree Permit application.
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D. Replacement Species
1. The following types of Trees may be provided as Replacement Trees, and
those types that identified as being native species are allowed as Replacement
Trees within an area designated in the Official Community Plan as a
Development Permit Area for the protection of the natural environment.
Genus
Species
Cultivated
Variety
Common Name
Class
Size Native
species
Abies
nordmanni
ana
Nordmann fir
Conifer
Large
Abies
balsamea
Balsam fir
Conifer
Medi
um
Abies
fraseri
Fraser fir
Conifer
Medi
um
Abies
grandis
Grand fir
Conifer
Large Yes
Abies
concolor
White fir
Conifer
Medi
um
Acer
macrophyll
um
Big Leaf maple
Deciduous
Large Yes
Acer
saccharum
Sugar maple
Deciduous
Large
Acer
miyabei
Rugged Ridge
Rugged Ridge maple
Deciduous
Medi
um
Acer
rubrum
Armstrong
Armstrong maple
Deciduous
Medi
um
Acer
rubrum
Red maple
Deciduous
Medi
um
Acer
saccharum
Legacy
Legacy sugar maple
Deciduous
Medi
um
Acer
truncatum
Crimson
Sunset
Pacific Sunset maple
Deciduous
Medi
um
Acer
davidii
David's maple
Deciduous
Small
Acer
truncatum
Shangtung maple
Deciduous
Small
Acer
griseum
Paperbark maple
Deciduous
Small
Aesculus
indica
Indian horse
chestnut
Deciduous
Medi
um
Aesculus
X carnea
Briotii
Red horse chestnut
Deciduous
Medi
um
Alnus
rubra
Red alder
Deciduous
Large
Arbutus
menziesii
Arbutus
Broadleaf
evergreen
Medi
um
Yes
Betula
nigra
Dura Heat
Dura Heat birch
Deciduous
Medi
um
Calocedru
s
deccurens
Incense cedar
Conifer
Large
Carpinus
betulus
Fastigiata
Pyramidal hornbeam
Deciduous
Medi
um
Castanea
mollissima
Chinese chestnut
Deciduous
Medi
um
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Genus
Species
Cultivated
Variety
Common Name
Class
Size Native
species
Catalpa
bignonioide
s
Southern catalpa
Deciduous
Large
Catalpa
speciosa
Northern catalpa
Deciduous
Medi
um
Celtis
occidentalis
Common hackberry
Deciduous
Medi
um
Cercidiphy
llum
japonicum
Japanese katsura
tree
Deciduous
Medi
um
Chitalpa
tashkenten
sis
Chitalpa
Deciduous
Small
Cladrastis
kentukea
American yellowood
Deciduous
Medi
um
Cladrastis
kentukea
Perkins Pink
Perkins Pink
American
yellowwood
Deciduous
Medi
um
Cornus
nuttallii
Pacific dogwood
Deciduous
Medi
um
Yes
Cornus
X nuttallii
Eddie's white
wonder
Deciduous
Medi
um
Cornus
kousa
Satomi
Satomi dogwood
Deciduous
Small
Cornus
X Venus
Venus
Venus dogwood
Deciduous
Small
Corylus
colurna
Turkish filbert
Deciduous
Medi
um
Crataegus
douglasii
Black hawthorn
Deciduous
Small
Yes
Cryptomer
ia
japonica
Japanese cedar
Conifer
Large
Chamaecy
paris
nootkatensi
s
Yellow cedar
Conifer
Large
Davidia
involucra
ta
Hankerchief tree
Deciduous
Sma
ll
Fagus
sylvatica
Asplenifolia
Fern leaved
beech
Deciduous
Larg
e
Fagus
sylvatica
Pendula
Weeping beech
Deciduous
Larg
e
Fagus
sylvatica
European beech
Deciduous
Larg
e
Fagus
sylvatica
Riversii
Riversii beech
Deciduous
Med
ium
Rhamnu
s
purshian
a
Cascara
Deciduous
Sma
ll
Fraxinus
american
a
Autumn
Purple
Autumn Purple
white ash
Deciduous
Larg
e
Fraxinus latifolia
Oregon ash
Deciduous
Larg
e
Fraxinus
pennsylv
anica
Green ash
Deciduous
Larg
e
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
33
Genus
Species
Cultivated
Variety
Common Name
Class
Size Native
species
Fraxinus
american
a
Autumn
Applause
Autumn
Applause ash
Deciduous
Med
ium
Ginkgo
biloba
Princeton
Sentry
Princeton Sentry
ginkgo
Deciduous
Larg
e
Ginkgo
biloba
Maidenhair tree
Deciduous
Larg
e
Gleditsia
triacanth
os
Honey locust
Deciduous
Med
ium
Gleditsia
triacanth
os
Shademaste
r
Shademaster
locust
Deciduous
Med
ium
Gymnocl
adus
dioicus
Kentucky
coffeetree
Deciduous
Larg
e
Gymnocl
adus
dioicus
Espresso
Espresso
coffeetree
Deciduous
Larg
e
Juglans
nigra
Black walnut
Deciduous
Larg
e
Juglans
regia
English walnut
Deciduous
Larg
e
Koelreut
eria
paniculat
a
Goldenrain tree
Deciduous
Sma
ll
Larix
decidua
European larch
Deciduous
conifer
Larg
e
Liquida
mbar
styraciflu
a
Sweetgum
Deciduous
Larg
e
Liquida
mbar
styraciflu
a
Worplesdon
Worplesdon
sweetgum
Deciduous
Larg
e
Lirioden
dron
tulipifera
Arnoldii
Arnold tulip tree
Deciduous
Larg
e
Lirioden
dron
tulipifera
Tulip tree
Deciduous
Larg
e
Maackia
amurensi
s
Amur mackia
Deciduous
Sma
ll
Magnoli
a
accumina
ta
Yellow Bird
Yellow Bird
magnolia
Deciduous
Med
ium
Magnoli
a
kobus
Kobus magnolia
Deciduous
Med
ium
Magnoli
a
x Galaxy
Galaxy magnolia
Deciduous
Sma
ll
Magnoli
a
grandiflo
ra
Victoria
Victoria
magnolia
Broadleaf
evergreen
Sma
ll
Malus
fusca
Pacific crabapple
Deciduous
Med
ium
Yes
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
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Genus
Species
Cultivated
Variety
Common Name
Class
Size Native
species
Metaseq
uoia
glyptostr
oboides
Dawn redwood
Deciduous
conifer
Larg
e
Nyssa
sylvatica
Tupelo
Deciduous
Med
ium
Ostrya
virginian
a
Ironwood
Deciduous
Med
ium
Oxydend
rum
arboreum
Sourwood
Deciduous
Sma
ll
Parrotia
persica
Persian ironwood Deciduous
Sma
ll
Parrotia
persica
Ruby Vase
Ruby Vase
persian Ironwood Deciduous
Sma
ll
Phellode
ndron
amurens
e
Amur cork tree
Deciduous
Sma
ll
Picea
abies
Norway spruce
Conifer
Larg
e
Picea
orientalis
Oriental spruce
Conifer
Larg
e
Pinus
densiflor
a
Japansese red
pine
Conifer
Med
ium
Pinus
thunberg
ii
Japanese black
pine
Conifer
Med
ium
Pinus
contorta
Contorta
Shore pine
Conifer
Med
ium
Yes
Pistacia
chinensis
Chinese pistache
Deciduous
Sma
ll
Populus
tremuloid
es
Quaking aspen
Deciduous
Med
ium
Yes
Prunus
sargentii
Sargent's cherry
Deciduous
Sma
ll
Pseudots
uga
menziesii
Douglas fir
Conifer
Larg
e
Yes
Quercus
garryana
Garry oak
Deciduous
Larg
e
Yes
Quercus
robur
English Oak
Deciduous
Larg
e
Quercus
bicolor
Swamp white oak Deciduous
Larg
e
Quercus
coccinea
Scarlett oak
Deciduous
Larg
e
Quercus
dentata
Japanese
Emperor oak
Deciduous
Larg
e
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
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Genus
Species
Cultivated
Variety
Common Name
Class
Size Native
species
Quercus
macrocar
pa
Bur oak
Deciduous
Larg
e
Quercus
phellos
Willow oak
Deciduous
Larg
e
Quercus
rubra
Red oak
Deciduous
Larg
e
Quercus
frainetto
Hungarian oak
Deciduous
Med
ium
Quercus
robur
Fastigiata
Pyramidal
English oak
Deciduous
Med
ium
Quercus
ilex
Holly oak
Broadleaf
evergreen
Sma
ll
Robinia
pseudoac
acia
Black locust
Deciduous
Larg
e
Robinia
pseudoac
acia
Frisia
Golden Black
Locust
Deciduous
Med
ium
Salix
lasiandra
Pacific willow
Deciduous
Med
ium
Sorbus
x
hybridia
Oakleaf
mountain ash
Deciduous
Sma
ll
Stewarti
a
pseudoca
milia
Japanese
stewartia
Deciduous
Sma
ll
Styphnol
obium
japonicu
m
Japanese
pagodatree
Deciduous
Larg
e
Styrax
obassia
Fragrant
snowbell
Deciduous
Sma
ll
Taxodiu
m
distichu
m
Baldcypress
Deciduous
conifer
Larg
e
Taxus
brevifolia
Pacific yew
Deciduous
Sma
ll
Yes
Tilia
cordata
Little leaf linden
Deciduous
Larg
e
Tilia
american
a
Deciduous
Larg
e
Ulmus
american
a
Brandon
Brandon elm
Deciduous
Med
ium
Ulmus
parvifolia
Lacebark elm
Deciduous
Med
ium
Zelkova
serrata
Green Vase
Green Vase
zelkova
Deciduous
Med
ium
Zelkova
serrata
Japanese zelkova Deciduous
Med
ium
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
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Or other species acceptable to the Director based on our knowledge of current tree
inventories, site conditions and performance.
District of North Saanich - District of North Saanich Tree Protection Bylaw No. 1548, 2022
37
Schedule "D"
District Tree Compensation Value for the Removal of Public Trees
Compensation for each District Tree Removed will be calculated in accordance with the table
below.
Size of the District Tree Removed
Compensation per Tree Removed
Tree of any size if the Tree is, as approved by
the Director:
- a High or Extreme Risk Tree, or
- more than 50% of its Crown is dead .
$0
11 - 20 cm DBH
$ 750
21 - 30 cm DBH
$ 1,000
31-40 cm DBH
$ 1,500 or the International Society of
Arboriculture's appraisal formula may be
used to determine appropriate compensation
value.
>41 cm DBH
The International Society of Arboriculture's
appraisal formula may be used to determine
appropriate compensation value.