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BY-LAW NO. 38-2013
A BY-LAW OF THE CORPORATION OF THE COUNTY OF HURON
TO PROHIBIT OR REGULATE THE DESTRUCTION OR INJURING OF
TREES IN WOODLANDS AND WOODLOTS IN THE COUNTY OF HURON.
WHEREAS sections 135, 136, 137 and 138 of the Municipal Act, S.O. 2001,
c.25, as amended (the "Act"), permit the enactment of a by-law by the Council
of the Corporation of the County of Huron to prohibit or regulate the destruction
or injuring of trees in woodlands and woodlots as defined in the By-law;
AND WHEREAS Council has determined that it is desirable to enact such a by
law for the purpose(s) of improving the forest, soil, fish, wildlife and water
resources of the County of Huron by conserving and improving the woodlands
and woodlots as hereinafter defined;
NOW THEREFORE, the Council of the Corporation of the County of Huron
HEREBY ENACTS as follows:
SECTION 1 - DEFINITIONS
In this By-law:
(a) "Building permit" means a building permit issued under the Building Code
Act, 1992, S.O. 1992, c23, as amended or any successor legislation.
(b) "Business day" means any day falling on or between Monday and Friday of
each week but does not include New Year's Day, Family Day, Good Friday,
Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day,
Thanksgiving Day, Remembrance Day, Christmas Day, or Boxing Day.
(c) "Circumference" means the measurement of the perimeter or outer
boundary of a stem or trunk of a tree with such measurement including the
bark of the stem.
(d) "Clerk" means the County Clerk of the Corporation of the County of Huron.
(e) "Coppice growth" means where more than one tree stem grows from a
single tree stump.
(f) "Council" means the Council of the Corporation of the County of Huron.
(g) "County" means the Corporation of the County of Huron or the area up to
and including the geographical boundaries of the County of Huron as the
context requires.
(h) "Diameter" means the diameter of the stem of a tree measured outside the
bark at a specified point of measurement.
(i) "DBH" (Diameter at Breast Height) means the diameter of the stem of a
tree measured at a point that is 1.37 metres (4.5 feet) above the ground.
(j) "Good Forestry Practices" means the proper implementation of harvest,
renewal and maintenance activities known to be appropriate for the forest
and environmental conditions under which they are being applied and that
minimize detriments to forest values including significant ecosystems,
important fish and wildlife habitat, soil and water quality and quantity,
forest productivity and health and the aesthetics and recreational
opportunities of the landscape.
(k) "Lower tier municipality" means each of the Municipalities of Howick,
Morris-Turnberry, Ashfield-Colborne-Wawanosh, North Huron, Central
Huron, Huron East, Bluewater, South Huron and Goderich.
(l) "Officer" means a provincial offences officer or an individual appointed by
Council for the administration and enforcement of this By-law.
(m) "Owner" means a person having any right, title, or interest of any kind in
land upon which a woodland or woodlot is located in whole or in part.
(n) "Own Use" means use by the owner that does not include a sale, exchange
or other disposition of trees destroyed or injured.
(o) "Person" includes but is not limited to an individual, partnership or
corporation.
(p) "Point of Measurement" means that point on the tree stem or trunk
measured above the highest point of the ground in an undisturbed state at
the base of the tree. For coppice growth, the point of measurement means
that point on each tree stem or trunk measured above the point on the
tree stem or trunk where the tree stems or trunks separate provided that
such point of separation is less than 1.37 metres (4.5 feet) above the
highest point of undisturbed ground at the base of the coppice growth. The
point of separation in effect becomes "ground level" for each stem in the
coppice growth, and the same circumference or diameter limits apply as for
single-stemmed or single-trunked trees.
(q) "Registered Professional Forester" has the same meaning as in the
Professional Foresters Act, S.O. 2000, c.18.
(r) "Silviculture" means the theory and practice of controlling forest
establishment, and the composition, growth and quality of forests to
achieve the objectives of good forestry practice and forest management.
(s) "Silvicultural prescription" means a site specific operational plan that
describes the existing forest conditions and the forest management
objectives for an area; and which prescribes the methods for harvesting
the existing forest stand and a series of silvicultural treatments that will be
carried out to establish a free growing stand in a manner that
accommodates other resource values as identified.
(t) "Tree" means any species of woody perennial plant of any size, having a
stem or trunk, and including its root system, which has reached or can
reach a height of at least 4.5 metres (15 feet) at physiological maturity.
(u) "Woodlands" or "Woodland" means land at least one hectare (2.47 acres)
or more in area with at least:
(i) 1000 trees, of any size, per hectare (405 trees per acre);
(ii) 750 trees, measuring over five (5) centimetres (2 inches) in diameter
at DBH, per hectare (304 trees per acre);
(iii) 500 trees, measuring over twelve (12) centimetres (5 inches) in
diameter at DBH, per hectare (202 trees per acre); or
(iv) 250 trees, measuring over twenty (20) centimetres (8 inches) in
diameter at DBH, per hectare (101 trees per acre),
but does not including a cultivated fruit or nut orchard or a plantation
established for the purpose of producing Christmas trees.
(v) "Woodlots" or "woodlot" means land at least 0.2 hectare (0.5 acre) in area
and no greater than one hectare (2.47 acres) in area, with at least:
(i) 200 trees, of any size, per 0.2 hectare (0.5 acre);
(ii) 150 trees, measuring over five (5) centimeters (2 inches) DBH, per
0.2 hectare (0.5 acre);
(iii) 100 trees, measuring over twelve (12) centimetres (5 inches) DBH,
per 0.2 hectare (0.5 acre); or
(iv) 50 trees, measuring over twenty (20) centimetres (8 inches) DBH, per
0.2 hectare (0.5 acre);
but does not include a cultivated fruit or nut orchard, a plantation
established for the purpose of producing Christmas trees or nursery stock.
SECTION 2 - GENERAL PROHIBITION
Except as provided in this By-law, no person by themselves or through any
other person shall destroy or injure, or cause or permit to be destroyed or
injured, any living tree located in a woodland or woodlot within the County.
SECTION 3 - EXCEPTIONS
A person may destroy or injure a tree located in a woodland or woodlot in the
County of Huron if:
(1)
the person who is destroying or injuring trees does so in accordance with
a silvicultural prescription incorporating good forestry practices prepared
by:
(a) a Registered Professional Forester; or
(b) a member in good standing of the Ontario Professional Foresters
Association; and
(c) the person who is destroying or injuring trees has complied with all
the requirements of this By-law; and
(d) the trees to be destroyed or injured have been clearly marked with
paint on two sides and at the base of the tree.
or
(2) the person who is destroying or injuring trees, has only destroyed or
injured those trees which have attained, at the point of measurement
specified in Schedule A to this By-law, the circumference or diameter
measurement which is equal to or greater than the minimum
circumference or diameter prescribed for the species in Schedule A to this
By-law, and
(a) the injuring or destruction of trees has occurred in compliance with all
the requirements of this By-law; and
(b) the destruction or injuring of trees will not reduce the number of trees
per hectare (per acre) below the minimum number of trees per
hectare (per acre) required for the area to remain a woodland or
woodlot; and
(c) the trees to be destroyed or injured have been clearly marked with
paint on two sides and at the base of the tree.
SECTION 4 - DRAINAGE WORKS
(1) Except for municipal drainage works, if any destruction or injuring of trees
is necessary in order to construct drainage works, prior to commencement
of such work the person who intends by themselves or through other
persons to do the work must first comply with this By-law.
(2) Except for municipal drainage works, every person by themselves or
through another commits an offence who constructs or causes or permits
to be constructed tile drainage works that go through or are adjacent to a
woodland or woodlot which are not constructed of non-perforated tile and
upon conviction is liable to the general penalty in force on the date of the
offence as specified in the Provincial Offences Act, R.S.O. 1990, chapter P.
33, as amended.
SECTION 5 - EXEMPTIONS
This By-law does not apply to:
(1) activities or matters undertaken by a municipality or a local board of a
municipality;
(2) activities or matters undertaken under a license issued under the Crown
Forest Sustainability Act, 1994;
(3) the injuring or destruction of trees by a person licensed under the
Surveyors Act to engage in the practice of cadastral surveying or his or her
agent, while making a survey;
(4) the injuring or destruction of trees imposed as a condition to the approval
of a site plan, a plan of subdivision or a consent under section 41, 51, or
53, respectively, of the Planning Act or as a requirement of a site plan
agreement or subdivision agreement entered into under those sections;
(5) the injuring or destruction of trees imposed as a condition to a
development permit authorized by regulation made under section 70.2 of
the Planning Act or as a requirement of an agreement entered into under
the regulation,
(6) the injuring or destruction of trees by a transmitter or distributor, as those
terms are defined in Section 2 of the Electricity Act, 1998, for the purpose
of construction and maintaining a transmission system or a distribution
system, as those terms are defined in that Section;
(7) the injuring or destruction of trees undertaken on land described in a
license for a pit or quarry or a permit for a wayside pit or wayside quarry
issued under the Aggregate Resources Act,
(8) the injuring or destruction of trees undertaken on land in order to lawfully
establish and operate or enlarge any pit or quarry on land,
(a) that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
(b) on which a pit or quarry is a permitted land use under a by-law passed
under section 34 of the Planning Act.
(9) the injuring or destruction of trees required to erect any building, structure
or thing in respect of which a building permit is issued and has taken into
consideration the protection of trees surrounding the structure or work
within the building envelope, provided that no tree is destroyed or injured
that is located more than 15 metres (50 feet) from the outer edge of the
building, structure or thing;
(10)the injuring or destruction of trees that is required to install and provide
utilities and a single lane driveway for vehicular access to the building,
structure or thing in respect of which a building permit has been issued; or
(11)the owner of a woodland or woodlot who has destroyed or injured trees for
his or her own use provided that the destruction or injury of trees will not
reduce the number of trees per hectare (per acre) in the area where the
destruction or injury occurred below the minimum number of trees per
hectare (per acre) required for the area to remain a woodland or woodlot.
SECTION 6 - NOTICE OF INTENT
(1) Every person who intends to destroy or injure trees pursuant to Section
3(1) of this By-law shall complete and deliver or send by facsimile
transmission to the office of the Clerk a signed Notice of Intent in the form
prescribed in Schedule B to this By-law containing all the information
required by the form no less than 20 business days and no more than 1
year prior to the start of the destruction or injury of trees together with a
written silvicultural prescription incorporating good forestry practices
prepared by a person authorized under Section 3(1) (a) or (b) of this By
law.
(2) Every person who intends to destroy or injure trees pursuant to Section
3(2) of this By-law shall deliver or send by facsimile transmission to the
office of the Clerk a signed Notice of Intent in the form prescribed in
Schedule B to this By-law containing all the information required by the
form no less than 10 business days and no more than 1 year prior to the
start of the destruction or injury of trees.
(3) Upon receipt of a completed Notice of Intent form, the Clerk will, within a
reasonable time, return a receipted copy of the Notice of Intent filed.
(4) Any person who has submitted a Notice of Intent shall notify the Clerk in
writing (by letter, facsimile or email) no less than 24 hours prior to the
date upon which the destruction or injury of the trees is to begin, advising
of the location and date that the destruction or injury of trees is to start.
SECTION 7 - ORDER TO DISCONTINUE ACTIVITY
(1) If an Officer is satisfied on reasonable and probable grounds that a
contravention of this By-law has occurred or is occurring, the Officer may
make an Order requiring the person who contravened the By-law or who
caused or permitted the injuring or destruction of trees in contravention of
the By-law to stop the injuring or destruction of trees. The Order shall be
substantially in the form prescribed in Schedule C to this By-law.
(2) An Order issued under this section may be served personally or may be
served by sending it by registered mail to the last known address of;
(a) the registered owner of the woodland or woodlot; and
(b) any other person the Officer believes on reasonable and probable
grounds is responsible for the contravention of the By-law.
(3) Where service of an Order is made by mail, service shall be deemed to
have been made on the fifth day following the date of mailing.
(4) Service of the Order shall be deemed to be sufficient service on the person
to whom the Order is directed so long as the Officer places a placard
containing the terms of the Order in a conspicuous place at or near the site
where the contravention is believed to have occurred.
(5) Proof of service of the Order may be proved by way of Affidavit.
(6) Any person by themselves or through another person who fails in whole or
in part to comply with an Order issued under this section or causes or
permits such conduct is guilty of an offence and on conviction is liable to
the penalty prescribed in subsection 8(1) of this By-law.
(7) Any person by themselves or through another person who removes,
defaces or obscures an Order posted pursuant to subsection (4) or permits
or causes such conduct is guilty of an offence and on conviction is liable to
the general penalty in force on the date of the offence as specified in the
Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended.
SECTION 8 - PENALTY
(1) Any person who contravenes sections 2 or 6 of this By-law or an Order
issued pursuant to section 7 of this By-law or permits or causes such
conduct is guilty of an offence and is liable:
(a) on first conviction, to a fine of not more than $10,000.00 or $1,000.00
per tree injured or destroyed, whichever is greater; and
(b) on any subsequent conviction, to a fine of not more than $25,000.00
or $2,500.00 per tree injured or destroyed, whichever is greater.
(2) Despite subsection (1), where the person convicted is a corporation,
(a) the maximum fines in clause (1)(a) are $50,000.00 or $5000.00 per
tree injured or destroyed; and
(b) the maximum fines in clause (1)(b) are $100,000.00 or $10,000.00
per tree injured or destroyed.
(3) If a person is convicted of contravening this By-law or an Order issued
pursuant to section 7 of this By-law, the court in which the conviction has
been entered, and any court of competent jurisdiction thereafter, may
order the person to rehabilitate the land or to plant or replant trees in such
a manner and within such period as the court considers appropriate,
including any silvicultural treatment necessary to re-establish the trees.
(4) Any person by themselves or through another person who destroys or
injures a tree that according to the Notice of Intent or silvicultural
prescription filed was to remain unharmed after the destruction or injury of
the trees has been completed or who causes or permits such conduct is
guilty of an offence and on conviction is liable to the penalty specified in
paragraph 8(1).
SECTION 9 - ENFORCEMENT
(1) This By-law shall be enforced by one or more Officers appointed by the
Corporation of the County of Huron.
(2) An Officer may, at any reasonable time, enter and inspect any land to
determine whether this By-law or an Order issued pursuant to section 7 of
this By-law is being complied with.
(3) The power of entry under this section does not allow an Officer to enter
any building.
(4) Any person who obstructs or interferes with an Officer while the Officer is
engaged in the discharge of his or her duties under this By-law commits an
offence and on conviction is liable to the general penalty in force on the
date of the offence as specified in the Provincial Offences Act, R.S.O. 1990,
chapter P. 33, as amended.
(5) For purposes of this By-law, circumference and diameter measurements
will always be taken at the highest possible point of measurement shown
on Schedule A to this By-law.
(6) Where for the purpose of determining whether a tree is less than or
greater than a measurement specified in this By-law, an Officer measures
the diameter or circumference of that part of the tree still remaining after
the destruction or injury of the tree as near as is reasonably practicable to
the point of measurement specified in Schedule A to this By-law. The
measurement so taken shall be presumed to be proof of the size of the
tree at the specified point of measurement, which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
(7) An owner of a property shall be presumed to have injured or destroyed, or
caused or permitted to be injured or destroyed, a tree located in a
woodland or woodlot situated in whole or in part on the owner's property,
or contravened or caused or permitted the contravention of an Order
issued pursuant to Section 7 of this By-law as the case may be, which
presumption may be rebutted by evidence to the contrary on a balance of
probabilities.
(8) An officer or director of a corporation who permits, causes or acquiesces to
an act or omission of the corporation which contravenes this By-law is
guilty of an offence and upon conviction is subject to the fines, penalties
and orders prescribed in this By-law for the act or omission of the
corporation.
(9) This By-law applies to all woodlands in the County and to all woodlots in
those lower tier municipalities which have delegated to the County their
power under section 135(10) of the Act in respect of such woodlots.
(10)For the purposes of paragraph 9(9), the effective date of the delegation by
a lower-tier municipality shall be the date on which a resolution or By-law
is passed by that lower-tier municipality for that purpose.
(11)In the computation of time for the purposes of this By-law, where there is
a reference to a number of days between two events that is less than 30
days, only business days shall be counted, excluding the day on which the
first event occurs and including the day upon which the second event
occurs.
SECTION 10 - ADMINISTRATION
(1) Schedules A, B and C shall form part of this By-law.
(2) If any Section or Sections of this By-law or parts thereof are found by any
Court to be illegal or beyond the power of the Council to enact, such
Section or Sections or parts thereof shall be deemed to be severable and
all other Sections or parts of this By-law shall be deemed to be separate
and independent there from and continue in full force and effect unless and
until similarly found illegal.
(3) The short title of this By-law is the "Forest Conservation By-law".
(4) By-law No. 10-2006 of the Corporation of the County of Huron shall be
repealed effective on the coming into force and effect of this By-law.
(5) Despite subsection 10(4), By-law No. 10-2006 of the Corporation of the
County of Huron shall continue to apply to a Notice of Intent filed before its
repeal and to proceedings in respect of offences that occurred before its
repeal, and to each respective lower tier municipality until each respective
lower tier municipality passes a by-law referencing this by-law delegating
its powers respecting the destruction or injuring of trees to the upper tier
municipality.
READ a first time this 1st day of May 2013.
READ a second time this 1st day of May 2013.
READ a third time this 1st day of May 2013.
George Robertson, Warden
Susan Cronin, County Clerk
SCHEDULE A
PURSUANT TO HURON COUNTY FOREST CONSERVATION BY-LAW 38-2013
Minimum Circumference and Diameter Limits By Category of Tree Species
(For purposes of this By-law, circumference and diameter measurements
will always be taken at the highest possible point of measurement).
SPECIES A
Maple (hard)
Hard, Black, Sugar
Point of Measurement
Circumference
Diameter
46 cm. (18 inches)
30 cm. (12 inches)
20 cm. (8 inches)
10 cm. (4 inches)
160 cm. (63 inches)
175 cm. (69 inches)
191 cm. (75 inches)
224 cm. (88 inches)
51 cm. (20 inches)
56 cm. (22 inches)
61 cm. (24 inches)
71 cm. (28 inches)
SPECIES B
Ash
Red, Green, White
Basswood
Butternut
Note: Cutting of Butternut trees is regulated by the
Endangered Species Act, 2007; Applicants must contact the
Ontario Ministry of Natural Resources.
Hemlock
Eastern
Maple (soft)
Red, Silver, Soft
Oak
Red, White, Bur, Swamp
Pine
White
Sycamore
American
Walnut
Black
Point of Measurement
Circumference
Diameter
46 cm. (18 inches)
145 cm. (57 inches)
46 cm. (18 inches)
30 cm. (12 inches)
160 cm. (63 inches)
51 cm. (20 inches)
20 cm. (8 inches)
10 cm. (4 inches)
SPECIES C
Ash
Beech
Cherry
Elm
Hickory
Poplar
Spruce
Hackberry
Pine
Point of Measurement
46 cm. (18 inches)
30 cm. (12 inches)
20 cm. (8 inches)
10 cm. (4 inches)
SPECIES D
Birch
Beech
Cedar
Ironwood
Larch
Cherry
Pine
Popular
Spruce
175 cm. (69 inches)
208 cm. (82 inches)
Black
American
Black
Red, Rock, White
all species
Cottonwood
White, Norway
Red
Circumference
127 cm. (50 inches)
145 cm. (57 inches)
160 cm. (63 inches)
191 cm. (75 inches)
56 cm. (22 inches)
66 cm. (26 inches)
Diameter
41 cm. (16 inches)
46 cm. (18 inches)
51 cm. (20 inches)
61 cm. (24 inches)
White, Yellow
Blue
Red, White
all species
Pin
Jack, Scotch
Trembling Aspen, Large Toothed Aspen, Balsam
Black
Point of Measurement
46 cm. (18 inches)
30 cm. (12 inches)
20 cm. (8 inches)
10 cm. (4 inches)
Circumference
64 cm. (25 inches)
79 cm. (31 inches)
97 cm. (38 inches)
127 cm. (50 inches)
Diameter
20 cm. (8 inches)
25 cm. (10 inches)
30 cm. (12 inches)
41 cm. (16 inches)
SCHEDULE B
Pursuant To HURON COUNTY FOREST CONSERVATION BY-LAW NO. 38-2013
NOTICE OF INTENT
NOTICE OF INTENT to be received by the County Clerk's office no less than ten (10)
business days prior to any destruction or injury of trees pursuant to Section 3 (2) of this By
law, and no less than twenty (20) business days prior to any destruction or injury of trees
pursuant to Section 3 (1) of this By-law. A receipted copy of the NOTICE OF INTENT will
be returned by the County Clerk's Office.
Please Print:
ALL SECTIONS ARE TO BE FILLED OUT COMPLETELY ON THIS
NOTICE. FAILURE TO DO SO WILL RESULT IN MAKING THIS NOTICE OF INTENT
NULL AND VOID AND WILL BE RETURNED TO THE APPLICANT FOR CORRECTION.
Property Owner: _______________________________________________________
Mailing Address: _______________________________________________________
Postal Code: __________________ Tel: __________________________________
Fax: _________________________ E-mail: _________________________________
Contractor: (if different from above) ________________________________________
Mailing Address: _______________________________________________________
Postal Code: ________________________ Tel: _____________________________
Fax: _______________________________ E-mail: ___________________________
Expected Starting Date: ________________________________________________
Location of Woodland/Woodlot: Lot ____________ Con. ________________________
Municipality: ______________________ Former Township: _______________________
911 Address: _____________________________________________________________
Reason for Removal: Commercial Timber Harvest ______ Stand Improvement _____
Firewood Removal: ______________ Other _________________________________
Approximate Size of Woodland: ___________________________________________
Area of Harvest: (indicate on Sketch) _______________________________________
Will trees smaller than the diameter limit specified in the By-law be cut? Yes ___ No ___
If yes, explain: _________________________________________________________
Trees Marked by: ______________________ Paint Colour Used: ________________
Mailing Address: _______________________________________________________
Tel: ___________________________ E-mail: _______________________________
Qualifications: ____________________________________________________________
It is the responsibility of the owner or authorized agent to have marked with paint, on two
sides and at the base of the tree, all the trees to be harvested.
If the woodland or woodlot is not harvested within one year of receipt of this Notice of
Intent, this Notice is null and void.
TREE HARVEST SUMMARY
(A legible tally sheet can be substituted and attached)
Tree Species
No.
Total Trees
Description of Area
Indicates North
(Include property boundaries, road
names, notable land features, access
point and area of harvest)
_______________________________________
_______________________________________
If the landowner is selling standing timber to a contractor for removal, has a Contract
been signed between landowner and contractor? Yes ____________
No _________
I agree that operations will be in accordance with the provisions of the Forest Conservation
By-law No. 38-2013 of the County of Huron and that I am familiar with the contents and
requirements of this By-law and acknowledge having received a copy thereof.
Further, I agree to notify the County Clerk in writing (by letter, facsimile or email) no less
than 24 hours prior to the date upon which the destruction or injury of the trees is to begin,
advising of the location and date that the destruction or injury of trees is to start.
Dated at _____________________this __________ day of __________________, 20__.
Signature of Contractor
Signature of Property Owner or Authorized Agent
MAILING ADDRESS:
Clerk, County of Huron
1 Court House Square
Goderich, Ontario
Tel: (519) 524-8394
N7A 1M2
Fax: (519) 524-2044
___________________________________________________________________________
______________________________________________________________________
______________________________________________________________________
___________________________________________________________________
SCHEDULE C
PURSUANT TO HURON COUNTY FOREST CONSERVATION BY-LAW NO. 38-2013
STOP WORK ORDER
(Name of Owner or Person responsible for destruction or injury of trees)
Is hereby directed and ordered to forthwith stop, halt, cease and desist from any and all
works associated with the destruction of trees or removal thereof from those woodlands or
woodlots located on the property described below:
Municipal Address or Legal Description of the Property:
LOT: _______ CONCESSION: _______ MUNICIPALITY: _______________________
FORMER TOWNSHIP: ____________________________COUNTY: HURON
Date of Order: ___________________________________________________________
Signature of Officer: _______________________________________________________
Issuing Authority:
Forest Conservation By-law Enforcement Officer
Tel: (519) 524-8394 (Ext. 3)
Mailing Address:
Clerk, County of Huron
1 Court House Square
Goderich, Ontario N7A 1M2
Fax No. (519) 524-2044