561 Tree Protection Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 38a1487d8f95 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Tree Protection Bylaw ## VILLAGE OF PORT ALICE Bylaw No.561 Being a bylaw to manage the cutting and removal of trees on the Village of Port Alice Property WHEREAS Sections 8, 73 and 923 of the "Community Charter" authorize Council to regulate matters pertaining to tree management; NOW THEREFORE the Municipal Council in open meeting assembled, enacts as follows: ## 1. TITLE: This Bylaw may be cited for all purposes as the Village of Port Alice "Tree Protection Bylaw, 2010, No.561". ## 2. APPLICABILITY: This Bylaw is applicable to all municipal properties within the Village of Port Alice. ## 3. DEFINITIONS: In this Bylaw, unless the context otherwise requires, the following means: "Arborist" means a certified Arborist. "Breast Height" means a point on the trunk of a tree as measured 1.5 metres above the natural grade of the land from the base of the tree. "Dead Tree" means a tree which is declared as such by a certified arborist. "Drip Line" means a vertical line extending down from the outer most branches of a tree to the ground. danger of falling "Hazardous tree" is a tree which is considered, by a certified arborist, to be in imminent "Municipal" means the Village of Port Alice. "Municipality" means the Village of Port Alice. "Permit" means Tree Cutting Permit. "Protected tree" means any tree on Municipal property.  ## 4. PROHIBITIONS: - 4.1 A person must not cut or remove a tree on Municipal property, or cause, suffer or permit any tree on municipal property to be cut or removed, except in accordance with the terms and conditions of a valid Tree Cutting Permit issued by the Municipality under this bylaw. ## 5. EXEMPTIONS: - 5.1 Work authorized by the Municipality for purposes associated with the provisions of Municipal services or other utility services is exempt from this Bylaw. - 5.2 Trees for which the Municipality has accepted the findings of a certified arborist, indicating that a tree is dead, hazardous or dangerous, is not protected. ## 6. OFFENCE: - 6.1 Any person who contravenes the Bylaw or who causes, suffers or permits actions contrary to this Bylaw is guilty of an offence against this Bylaw and is liable to penalties imposed under this Bylaw. ## 7. PENALTY: - 7.1 Any person who damages a tree is subject to a fine of $500.00. - 7.2 Any person who cuts a tree without a permit is subject to a fine of $1,000.00. - 7.3 Despite the above, any person who commits an offence against this Bylaw is liable to a fine and penalty of not more than $10,000.00 for each tree unlawfully cut or damaged as pursued through the Courts. - 7.4 In addition to any penalty that may otherwise be imposed under the Bylaw, Council may require specific equivalent replacement trees to be planted for the purpose of restoring a damaged site. ## 8. PERMITS: - 8.1 Where trimming, cutting or altering work is requested by an owner or agent who wants to work on a protected tree a Permit must be obtained prior to undertaking such work. - 8.2 A Permit may or may not be issued depending on an evaluation by the Municipality of the individual circumstance. - 8.3 Except where the Municipality can substantiate that a tree requiring removal is dead, all Permit applications must be accompanied by the report of a certified arborist. - 8.4 Where tree removal is authorized by a Municipal Permit and where such removal may have an impact on public lands, the requirements set out in Schedule A apply. - 8.5 Issued tree Permits must be posted on the work site or made available at the request of Municipal staff. - 8.6 The fee for a Permit is $50.00 per tree. - 8.7 The issued Permit shall be valid for 12 months. ## 9. GENERAL PROVISIONS: - 9.1 All Schedules referred to herein form part of this Bylaw. - 9.2 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. - 9.3 The Director of Operations and/or the Public Works Foreman is authorized to enter property, at all reasonable times, to ascertain whether the regulations of this Bylaw are being or have been complied with. READ A FIRST TIME this 10t* day of March, 2010. READ A SECOND TIME this 10* day of March, 2010. READ A THIRD TIME this 10* day of March, 2010. RECONSIDERED AND FINALLY PASSED AND ADOPTED this 24" day of March, 2010.    Im Kuly Mayor Sail Smit Chief Administrative Officer Certified a true copy of Bylaw No. 561, 2010 as adopted. Sail Senil Chief Administrative Officer