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City of Salmon Arm Tree Protection Bylaw No. 4637
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws below. The amending bylaws have been combined
with the original bylaw for convenience only. This consolidation is not a legal document.
Certified copies of the original bylaws should be consulted for all interpretations and
applications of the bylaw on this subject.
Amending Bylaws
Date of Adoption
Bylaw 4637
May 26, 2025
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 2
CITY OF SALMON ARM
BYLAW NO. 4637
A bylaw to regulate the cutting down and protection of trees
WHEREAS pursuant to section 8(3)(c) of the Community Charter [S.B.C. 2003, Ch. 26], the
City of Salmon Arm may by bylaw, regulate, prohibit and impose requirements in relation to trees;
AND WHEREAS pursuant to section 500 of the Local Government Act [S.B.C. 2015, Ch. 1] a
municipality may require permits to cut trees on areas of land that it considers may be subject to
flooding, erosion or land slip;
AND WHEREAS Council considers it in the public interest to provide for the protection and
preservation of trees, and the regulation of their cutting down and removal;
NOW THEREFORE the Council of the City of Salmon Arm in open meeting assembled
enacts as follows:
1.
DEFINITIONS
In this Bylaw:
"Boundary Tree" means a tree where the base of the tree trunk straddles a property line.
"Certified Tree Risk Assessor" means a Certified Arborist or a Qualified Professional who
has completed an Urban Forestry degree, or the "Tree Risk Assessment" course or the
"Wildlife Danger Tree Assessment" course and passed the Assessment Exam under the
authority of the International Society of Arboriculture (ISA) or the Wildlife Danger Tree
Committee of B.C., as applicable.
"Certified Arborist" means a person certified by the International Society of
Arboriculture or the National Arborist Association as an Arborist.
"City" means the City of Salmon Arm.
"Cut" means to cut down, kill or remove a tree by any means and without limiting the
generality of the foregoing includes the topping of a tree or stem of a tree.
"Drip Line" means the area at the base of a tree created by a vertical line extending down
from the outermost branches of a tree to the ground;
"Floodplain" means the same as the definition provided in the City's Zoning Bylaw No.
2303, as amended from time to time, and as delineated in the City's Official Community
Plan Bylaw No. 4000, as amended from time to time.
"Landscape Tree" means any tree listed and identified on Schedule "A" to this bylaw;
"Municipality" means as the context requires the City of Salmon Arm, or the area within
the boundaries of the City of Salmon Arm;
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 3
"Officer of the Municipality" means any officer or employee of the City of Salmon Arm
appointed by the City's Chief Administrative Officer;
"Owner" means the registered owner in fee simple of a parcel of land and the trees
growing on it;
"Permit" means an authorization provided by the City in accordance with Section 5 of this
Bylaw.
"Top of Bank" means the point closest to the active floodplain of a watercourse where a
break in the slope of the land occurs such that the grade beyond the break is flatter than
3:1 at any point for a minimum distance of 15.0 m measured perpendicularly from the
break or as determined by a qualified professional with relevant experience in
Watercourses or fisheries.
"Watercourse" means:
a)
a natural flowing river or stream or a standing body of water which forms a
wetland, marsh or an area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support a prevalence of
vegetation typically adapted for life in saturated soil conditions;
b)
a natural depression in the land 0.5 metres or more in depth usually containing
water;
c)
a creek, lake, pond, basin, pool, lagoon, reservoir, ditch, waterfall, or spring;
d)
any combination of a), b) and c) above.
2.
APPLICATION
This Bylaw applies to all trees within the City, having a minimum trunk circumference of
30.0 centimetres (cm), when measured at 1.5 metres (m) above the level of the natural
ground.
3.
EXCEPTIONS
The following are exempted from the provisions of this Bylaw:
a)
any tree that constitutes a danger or hazard to persons or property, as determined
by a Certified Tree Risk Assessor or Certified Arborist;
b)
any tree on land that is classified as managed forest land under the Assessment Act
[S.B.C. 1996, Ch. 20] or located within a licence area under the Forest Act [S.B.C.
1997, Ch. 157], or located on land subject to the provisions of the Private Managed
Forest Land Act [S.B.C. 2003, Ch. 80], so long as the land continues to be used for the
production and harvesting of timber; or
c)
any tree on any park, highway or utility right-of-way either of the municipality or
of a public utility subject to public utilities legislation of Canada or any tree that is
impeding, damaging or inhibiting the use of any such park, highway or utility
right-of-way or utility located thereon;
d)
any tree required to be cut to enable the owner of a Parcel on which an
agricultural use is permitted under the City's Zoning Bylaw No. 2303 as
amended from time to time, to use the land for that purpose, in so far as the
cutting down and removal of trees is necessary to accommodate the agricultural
use, and subject to the owner filing with the City an affidavit verifying the
purpose;
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 4
e)
on a parcel of land that is zoned for residential uses and is 1,500 square metres
(16,145 square feet) or less in area, no more than three (3) trees in any calendar
year;
f)
on a parcel of land that is zoned for residential uses and is larger than 1,500
square metres (16,145 square feet) in area, and up to 0.4 hectares (43,056 square
feet / 1 acre) in area, no more than six (6) trees in any calendar year;
g)
on parcels zoned for residential use larger than 0.4 hectare (1 acre), the removal
of no more than 12 trees per hectare in any calendar year, to a maximum of 100
trees annually, regardless of the parcel size;
h)
any tree required to be cut down or removed to comply with the provisions of the
City's Property Maintenance Bylaw No. 3137, as amended from time to time;
i)
any tree required to be cut down or removed to comply with the provisions of the
City's Traffic Bylaw No. 1971, as amended from time to time;
j)
any tree authorized to be cut down or removed under the provisions of a valid
development permit issued by the City;
k)
any tree that is authorized to be cut down or removed to accommodate the
construction of a building, structure, off-street vehicular parking area or
driveway that is the subject of a building permit issued by the City in accordance
with its bylaws;
l)
any tree authorized to be cut down or removed by an approval under the
provisions of the City's Subdivision and Development Servicing Bylaw No. 4163, as
amended from time to time;
m)
any tree required to be cut down or removed by the City Fire Department or the
Province in conjunction with firefighting activity or as a fire prevention measure;
n)
any tree recommended to be cut down or removed to align with an Advanced
Home Assessment report under the Firesmart Program, conducted by a formally
trained assessor (Certified Tree Risk Assessor, Certified Arborist, Fire
Department Official) within the home ignition zone.
o)
any tree required to be cut down or removed pursuant to the Sterile Insect Control
Program of the Columbia Shuswap Regional District;
p)
any tree required to be cut down or removed to facilitate airport operations;
q)
emergency situations where a tree or limb of a tree has been damaged by natural
causes, and the tree or limb is in imminent danger of falling and causing injury to
persons or damage to property.
4.
CUTTING OF TREES AND DAMAGE TO TREES
4.1
No tree may be cut, removed or damaged except where its' Owner holds a valid and
subsisting Permit to do so, or where excepted subject to Section 3 of this Bylaw.
4.2
For the purposes of this section, damage includes actions resulting in the death of
the tree, or pruning or removing any limb where the diameter of the limb at the point of
pruning or removal is larger than:
a)
5% of the diameter of the trunk of the tree if the tree is a coniferous species; or
b)
15% of the diameter of the trunk of the tree where the tree is of the broadleaf species.
4.3
No Landscape Tree defined in Schedule "A" may be cut down or removed, except
where its' Owner holds a valid and subsisting Permit to do so.
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 5
4.4
No tree on land with a slope in excess of thirty per cent (30%) may be cut down,
removed or damaged under this section, unless a report from a an appropriate qualified
geotechnical professional prepared at the Owner's expense, indicates that slope stability
will not be negatively impacted or that increased soil erosion will not result.
4.5
No tree located within fifteen (15) metres of the Top of Bank of a Watercourse may
be cut down, removed or damaged under this section, except where a tree or the roots of a
tree are blocking a Watercourse or reducing its drainage capacity and creating a risk of
flooding of property, unless a report from an appropriate qualified environmental
professional prepared at the Owner's expense, indicates that negative environmental
impacts will not be created in the riparian area.
4.6
No tree located within the 1:200 year Floodplain may be cut down, removed or
damaged under this section, unless a report from a qualified hydrological engineer,
requested by the City and prepared at the Owner's expense, indicates that there are no
negative Floodplain impacts on the Owner's lands or any adjacent lands.
5.
PERMITS & CONDITIONS
5.1
Any Owner seeking permission to cut or remove a tree, must make an application
for a Permit to the City, using a form approved by the Officer of the Municipality.
5.2
Every application for a Permit made to the Officer of the Municipality shall be
accompanied by a non-refundable application fee as set out in the City's Fee For Service
Bylaw No. 2498, as amended from time to time.
5.3
The application for a Permit shall contain:
a)
the name, address and signature of the Owner or agent of the Owner (along with
any required agent authorization) or the names and addresses of both owners in
the case of a Boundary Tree;
b)
the legal description and address of the property on which the trees are to be cut
or removed;
c)
a dimensioned plan of the property identifying the property's boundaries, any
structures, physical features and watercourses;
d)
a dimensioned plan identifying the location, type and trunk diameter of all trees
that are proposed to be cut or removed;
e)
a dimensioned plan identifying the general location of any trees or groups of
trees that will remain on the property within 30 metres of the tree or trees
proposed to be cut or removed;
f)
confirmation from the Owner or applicant that there are no active bird's nests in
the trees to be cut, and if requested, a report and nest survey prepared by an
appropriate qualified environmental professional that the tree cutting and
removal can be conducted in accordance with the provisions of the Wildlife Act
[S.B.C. 1996, Ch. 488] or the federal Migratory Birds Convention Act [S.C. S.C.1994, Ch.
22] and/or the Species at Risk Act [S.C. 2002, Ch. 29];
g)
if requested, a report prepared by an appropriate qualified geotechnical
professional regarding the impact of the proposed cutting or removal of any tree
located on land with a slope in excess of thirty per cent (30%);
h)
if requested, a report prepared by an appropriate qualified professional
regarding the environmental impact of the proposed cutting or removal of any
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 6
tree located within fifteen (15) metres of the Top of Bank of a Watercourse or
within the Floodplain.
5.3
When making a Permit application to cut or remove a tree or trees, the Owner
shall clearly mark with ribbon or paint each tree or group of trees that are proposed to be
cut or removed.
5.4
The Officer of the Municipality is hereby appointed to grant Permits issued
pursuant to this Bylaw, and to enforce the provisions herein, except for applications to cut
or remove a Landscape Tree defined in Schedule "A", where only Council may issue a
Permit.
5.5
The term of any Permit issued under this Bylaw shall be for a period of one (1)
year from the date of issuance of the Permit.
5.6
As a condition to the granting of a Permit under this Bylaw, the Officer of the
Municipality is authorized, if they deem it in the public interest, to require the Owner to
provide:
a)
security in the form of a cash deposit or letter of credit to secure the full amount
of the cost of replacing, planting and maintaining the trees that are to proposed
be retained in any Permit application and which may be damaged or removed;
b)
security in the form of a cash deposit or letter of credit to secure the full amount
of the cost of any environmental protection or remediation that may be required
in areas within fifteen (15) metres of the Top of Bank of a Watercourse;
c)
security in the form of a cash deposit or letter of credit to secure the full amount
of the cost of any measures taken to ensure slope stability on slopes in excess of
thirty per cent (30%), in the amount of no less than one hundred and twenty per
cent (120%) of any actions or measures required by the geotechnical
professional's report;
d)
that the tree cutting or removal be delayed or timed to comply with the "least-
risk windows" that have been developed by the Province as best management
practices for the protection of birds and bird's nests;
e)
requirements for fences or barriers to ensure the physical protection of any trees
that are to proposed be retained in any Permit application.
5.7
The Officer of the Municipality may refuse to issue a Permit if:
a)
the removal of trees is to proposed to facilitate development of the parcel, in advance
of an approval by the City under Sections 3 (j), (k) or (l) of this Bylaw;
b)
the removal of the tree or trees would reasonably be expected to create a hazard to
the safety of persons or to the public or to private property;
c)
the removal of the tree or trees could negatively affect the stability of a slope,
regardless of whether or not the slope is in excess of thirty per cent (30%);
d)
the removal of the tree or trees would have a negative environmental impact that
cannot be remediated in areas located within fifteen (15) metres of the Top of Bank
of a Watercourse;
e)
the removal of the tree or trees would have a negative impact on the flooding or
flood flows, or result in the transfer of flooding risk from the Owner's lands to any
adjacent property or properties;
f)
the removal of the tree or trees would result in increased, adverse siltation in a
Watercourse.
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 7
6.
INSPECTIONS
6.1
When an application for a Permit is made under this bylaw, an Officer of the
Municipality may inspect or cause an inspection and assessment to be made of any trees
and the site on which they grow and may assess the location, size, condition and species of
the trees.
6.2
When an application for a Permit is made under this bylaw, an Officer of the
Municipality may inspect or cause an inspection and assessment to be made of any trees
and the site on which they grow, in order to determine if any work is being performed in
accordance with any Permit.
7.
STOP WORK ORDERS
7.1
The Officer of the Municipality may issue a Stop Work Order and revoke a Permit
issued under this Bylaw and direct immediate suspension of tree cutting authorized by
this Bylaw, when a person has acted contrary to this Bylaw or to any condition attached
to a Permit.
7.2
The Officer of the Municipality shall inform the owner of the reason for the
issuance of a Stop Work Order and revocation of a Permit, in writing, within 48 hours of
the revocation of the Permit.
7.3
The Officer of the Municipality may, through issuance of an Order, require an
Owner of property to cut or remove a tree, if the Officer of the Municipality considers that
the tree:
a)
poses a hazard to the safety or persons on public property; or
b)
poses a hazard or is likely to damage public property.
8.
REPLACEMENT TREES
8.1
The Officer of the Municipality may, through issuance of an Order, require that
any Owner or person in violation of this Bylaw shall replace the tree or trees that have
been cut, removed or damaged upon a violation of this Bylaw, with a tree of like or
similar species that is suited to its' natural environment, be planted with a distance of no
less than 2.0 metres between individual trees, and be of a species from an appropriate
species listing provided by the City and capable of growing to a height of no less than
9.0m in height when mature. An Order issued requiring the replacement of trees may
require that the Owner or applicant provide security to secure the costs of the tree planting
and replacement work, and ensure that the trees are adequately maintained for a period of
up to two (2) years.
8.2
Pursuant to Section 8.1, the replacement of any tree or trees shall be according to
the following:
Minimum trunk circumference of tree(s)
damaged, destroyed or removed
Replacement Criteria
30 to 45.0 centimetres
2 replacement trees with a minimum
height of 2.0m each
45.1 to 60 centimetres
3 replacement trees with a minimum
height of 2.0m each
Over 60 centimetres
5 replacement trees with a minimum
height of 2.0m each
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 8
8.3
Notwithstanding Section 8.2, the Officer of the Municipality may require a
different species or size of tree to replace a tree that is damaged, destroyed or removed
in violation of this Bylaw on the basis that a replacement tree of like species and size
will:
a)
interfere with and/or damage underground services;
b)
interfere with and/or damage aboveground services;
c)
interfere with and/or damage roads, driveways or sidewalks;
d)
be subject to damage from road salts or other contaminants; or
e)
be susceptible to overexposure or underexposure to sunlight.
8.4
Where tree removal is permitted in accordance with Sections 3 (j), (k) or (l) of this
Bylaw for the following applications:
a)
a residential building permit (that results in the construction of a dwelling unit
(excepting those for a secondary suite within an existing building); or
b)
a multi family residential development permit (that results in the creation of
dwelling units); or
c)
a residential subdivision approval (that results in the creation of a new parcel);
the Owner or applicant shall provide the information required by Section 5.3 of this
Bylaw, and shall replace and maintain a tree density on the parcel or parcels of land
where trees were removed in accordance with the following:
TREE REPLACEMENT & MAINTENANCE REQUIREMENTS
Parcel Area (m2):
Number of trees required:
0 - 365
2
365 - 450
3
451 - 565
4
566 - 750
5
751 - 1,000
6
1,001 - 1,250
7
1,251 - 1,600
8
1,601 - 1,850
9
1,851 - 2,200
12
2,201 - 2,550
16
2,551 - 2,900
20
2,901 - 3,250
25
Over 3,250
30
Plus one (1) additional tree for each 200m2
in parcel area above 3,250m2
and the number of trees shall be specified in a permit provided by the City under this
Bylaw.
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 9
8.5
Any tree provided as a replacement tree to maintain the required tree density
pursuant to Section 8.4, shall have a minimum height of 2.0 metres when planted, be
planted with a distance of no less than 2.0 metres between individual trees, and be of a
species from an appropriate species listing provided by the City and capable of growing
to a height of no less than 9.0m in height when mature.
8.6
Pursuant to Section 8.4, an Owner or applicant may achieve the required tree
density target by:
a)
retaining existing trees on the parcel or parcels of land where trees were
removed, and any existing retained tree (having a minimum trunk circumference
of 30.0 centimetres (cm), when measured at 1.5 metres (m) above the level of the
natural ground) may be counted as two (2) trees in any calculation of tree density;
b)
by providing and planting replacement trees in accordance with Sections 8.4 and
8.5 of this Bylaw; or
c)
by paying an amount to the City (with the consent of the City ) in the amount
indicated in the Fee For Service Bylaw No. 2498, as amended from time to time,
which shall be deposited into a City reserve fund for tree planting.
8.7
Any existing tree on a parcel or parcels of land where trees were removed that is
proposed by an Owner or applicant to be counted towards the required tree density
pursuant to Section 8.6(a) of this Bylaw, shall be in good health and not be a hazard that
constitutes a danger to persons or property.
8.8
The required tree density provided in Section 8.4 of this Bylaw is exclusive of any
street trees that may be required to be planted by the City, pursuant to the Subdivision and
Development Servicing Bylaw No. 4163, as amended from time to time.
8.9
Where a replacement tree plan or tree density plan is required pursuant to a
development permit, building permit or subdivision approval decision by the City, the
City may require that the Owner or applicant provide security to secure the costs of the tree
planting and replacement work in accordance with Section 5.6 of this Bylaw.
9.
RECONSIDERATION
9.1
A person that is subject to a decision of, or Order from, the Officer of the
Municipality under this Bylaw may have Council reconsider the decision or Order.
9.2
A person wishing reconsideration under Section 9.1 of this Bylaw shall apply in
writing to the City's Corporate Officer, within thirty (30) days of receipt of the decision
or Order of the Officer of the Municipality, and shall include in the application:
a)
the name and signature of the Owner or agent of the property to which the Order
or decision applies;
b)
the legal description and address of the property to which the Order or decision
applies;
c)
the reason for the request for reconsideration; and
d)
the relief or remedy being sought.
9.3
The person seeking reconsideration shall be notified of the date and time that
Council will reconsider the decision or Order, by the Corporate Officer, no less than five
(5) days prior to the Council meeting.
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 10
9.4
In reconsidering the matter, Council may confirm, set aside, replace or otherwise
modify the decision or Order of the Officer of the Municipality.
9.5
A person may not request reconsideration to Council of any decision relating to
tree replacement and tree density requirements imposed by the City as part of a
development permit, building permit or subdivision approval, pursuant to Sections 8.4,
8.5, 8.6, 8.7 and 8.8 of this Bylaw.
10.
OFFENCE & PENALTY
10.1
Every person who violates any provision of this Bylaw, or who allows or permits
any act of thing to be done in violation of this Bylaw, is guilty of an offence against this
Bylaw and each day that a violation continues is deemed to be a separate offence against
this Bylaw.
10.2
Where more than one (1) tree is cut down, removed or damaged in violation of this
Bylaw, a separate offence is committed in respect of each individual tree.
10.3
Every person who violates any provision of this Bylaw, or who allows or permits
any act of thing to be done in violation of this Bylaw, is guilty of an offence against this
Bylaw, and is liable upon summary conviction, to a fine not exceeding the maximum set
out in the Offence Act [SBC 1996, Ch. 338].
10.4
Every person who violates any provision of this Bylaw, or who allows or permits
any act of thing to be done in violation of this Bylaw, is guilty of an offence against this
Bylaw, and is liable to a fine if issued a ticket under the Ticket Information Utilization
Bylaw No. 2760.
11
SEVERABILITY
If any part, section, sub-section or clause of this bylaw for any reason is held to be invalid
by the decision of a Court of competent jurisdiction, the invalid portion shall be severed
and the decision that it is invalid shall not affect the validity of the remaining portions of
this bylaw.
12
ENACTMENT
Any enactment 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.
13.
EFFECTIVE DATE
This bylaw shall come into full force and effective upon adoption of same.
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 11
14.
REPEAL BYLAWS
Upon adoption of this bylaw, District of Salmon Arm Tree Removal and Protection Bylaw
No. 2305 is hereby repealed in its entirety.
15.
CITATION
This bylaw may be cited as "City of Salmon Arm Tree Protection Bylaw No. 4637"
READ A FIRST TIME THIS
10
DAY OF
JUNE
2024
READ A SECOND TIME THIS
10
DAY OF
JUNE
2024
READ A THIRD TIME THIS
10
DAY OF
JUNE
2024
ADOPTED BY COUNCIL THIS
24
DAY OF
JUNE
2024
"A. HARRISON"
MAYOR
"R. WEST"
CORPORATE OFFICER
City of Salmon Arm
Tree Protection Bylaw No. 4637
Page 12
Schedule "A"
Landscape Trees
1. Willow, Poplar and Cottonwood trees within Marine Park and adjacent to the westerly
boundary of Marine Park Drive on Statutory Right of Way Plan KAP 76224 and Lot 1, Plan
KAP48068, Section 14, Township 20, Range 10.