County of Lambton Woodlands Conservation By-Law No. 4 of 2012 (Consolidated to Sept 2014) — full text

This is the exact embedded text of the captured official document. Snapshot aac47318f2d4 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Sept-2014.pdf" municipality_ids: - gx-001594 content_type: "application/pdf" captured_at: "2026-06-10T22:04:10+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 52556 --- THE CORPORATION OF THE COUNTY OF LAMBTON BY-LAW NO. 04 OF 2012 "A By-Law to Amend By-Law No. 4 of 2012, Together Forming The County of Lambton Woodlands Conservation By-Law" WHEREAS s.135(2) of the Municipal Act, R.S.O. 2001, c.25, as amended, permits the enactment of a By-Law by the Council of the County of Lambton to prohibit or regulate the destruction or injuring of trees in woodlands; AND WHEREAS Council may require that a Permit be obtained to injure or destroy trees in woodlands specified in the By-Law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees. [s.135 (7)]; AND WHEREAS Council has determined that it is desirable to enact such a By-Law for the purpose(s) of improving the forest, soil, wildlife, fish and water resources of the County by conserving and improving the woodlands of the County; NOW THEREFORE the Council of The Corporation of the County of Lambton enacts the Woodlands Conservation By-Law as follows: 1. DEFINITIONS In this By-Law: (a) "Appeal Panel" means the Appeal Panel of the Woodlands Hearings Board, and consists of a quorum of elected officials of the County of Lambton, excluding any elected official who participated in the Hearings Panel. (b) "Application" means a written request for a permit under Section 3 of this By-Law. (c) "Building Permit" means a building permit issued under the Building Code Act, 1992, S.O. 1992, c23, as amended. (d) "Business Day" means any day falling on or between Monday and Friday of each week but does not include any statutory holidays. (New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Remembrance Day, Christmas Day and Boxing Day). (e) "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. (f) "Council" means the Council of The Corporation of the County of Lambton. (g) "County Clerk" means the County Clerk of The Corporation of the County of Lambton. (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 meters (4.5 ft.) 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; "Good Forestry Practices" permits the destruction or injury of trees that: i) have been damaged by disease, insects, wind, ice, fire, lightning or other natural causes to an extent that the health of such trees is likely to deteriorate; ii) should be removed to prevent disease or insects from spreading to other trees; iii) are cut in accordance with the Provincial Silvicultural Guidelines as referred to in the Forest Operations and Silviculture Manual and its revisions prepared under the authority of the Crown Forest Sustainability Act, S.O. 1994, c. 25. These Provincial Silvicultural Guidelines include, but are not limited to: A Silvicultural Guide to Managing Southern Ontario Forests, Silvicultural Guide for the Tolerant Hardwood Forest in Ontario, A Tree Marking Guide for the Tolerant Hardwood Working Group in Ontario, A Silvicultural Guide for the Great Lakes-St. Lawrence Conifer Forest in Ontario. iv) are marked and cut as part of a Woodlands Management Plan approved by a Registered Professional Forester or Associate Member in good standing. (k) "Hearings Panel" means a three person panel, consisting of the Warden, the Deputy Warden and the Chair of Committee A.M. When any of the foregoing are not available, or declare a conflict, substitute members may include the Vice-Chair Committee A.M. and the Chair, Committee P.M. at the discretion of the Warden. (l) "Officer" means an individual or individuals appointed by Council of The Corporation of the County of Lambton for the administration and enforcement of By-Laws. (m) "Owner" means a person having any right, title, interest or equity in land. (n) "Own Use" means use that does not include a sale, exchange or other disposition of trees destroyed or injured. (o) "Permit" means the written authorization from the Officer as provided in Schedule "G". (p) "Person" means any individual, corporation, partnership, association, firm, trust, or other entity and includes anyone acting on behalf or under the authority of such entity. (q) "Point of Measurement" means that point on the tree trunk measured above the highest point of the ground in an undisturbed state at the base of the tree. In the case of coppice or clump growth, "point of measurement" means that point on each tree trunk measured above the point of fusion, provided said point of fusion is less than 1.37 metres (4 ½ feet) above the highest point of undisturbed ground at the base of the coppice or clump growth. The point of fusion in effect becomes ground level for each stem (in the clump), and the same diameter limits would apply as for single-stemmed trees. (r) "Registered Professional Forester" as defined in the Professional Foresters Act, 2000, S.O. 2000, c.18. (s) "Sensitive Natural Areas" means i) Provincially significant life science Areas of Natural and Scientific Interest (ANSI); ii) Wetlands designated as locally, regionally or provincially significant; iii) Significant Natural areas within Lambton County as designated by any one of the following: Ontario Ministry of Natural Resources; St. Clair Region Conservation Authority; or the Ausable Bayfield Conservation Authority; iv) Any area of land which contains a species which is regionally rare as identified by a local conservation authority or provincially rare (S1, S2 or S3 as identified by the Natural Heritage Information Centre) or globally rare (G1, G2 or G3 as identified by the Natural Heritage Information Centre), or threatened or endangered as identified by the Ministry of Natural Resources. (t) "Silviculture" means the art and science of producing and tending a forest; the theory and practice of controlling forest establishment, composition, growth, and quality of forests to achieve the objectives of management. (u) "Tree" means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters at physiological maturity. (v) "Tree Marker" means i) A Registered Professional Forester; ii) A Forest Technician that is certified; iii) A member in good standing of the Ontario Professional Foresters Association; or iv) A Certified Marker. (w) "Woodlands" means land at least one hectare or more in area with at least: i) 1000 trees, of any size, per hectare; or ii) 750 trees, measuring over five (5) centimeters in diameter at DBH, per hectare; or iii) 500 trees, measuring over twelve (12) centimeters in diameter at DBH, per hectare; or iv) 250 trees, measuring over (20) centimeters in diameter at DBH, per hectare; but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees. (x) "Woodlands Hearings Board" means the body established by County Council to hear applications to destroy or injure trees in contravention of section 2 of this By-Law. (y) "Woodlot" means land at least 0.2 hectares and not more than 1 hectare with numbers at least comparable to "Woodlands" numbers above. It does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees. 2. GENERAL PROHIBITION (a) Except as provided in section 3, no person through their own actions or through any other person, shall conduct his operations so as to injure or destroy any living trees unless: i) The person who is destroying or injuring trees does so in accordance with Good Forestry Practice as prescribed 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 trees or injuring trees has abided by the requirements of section 5; or ii) the person who is destroying or injuring trees, has only destroyed or injured those trees which have attained, at the specified point of measurement, the Circumference measurement which equals or is greater than the minimum Circumference prescribed for the species in Schedule "A" and (a) the injuring or destruction of trees has abided by the requirements of Section 5; and (b) the destruction or injuring of trees will not reduce the number of trees per hectare below the minimum number of trees per hectare required to be considered woodlands; and (c) the person who is destroying or injuring trees does so in accordance with Good Forestry Practices. (b) No person through their own actions or through any other person shall: i) fail to comply with an Order issued under this By-Law; ii) remove or deface any Order that has been posted pursuant to this By-Law; iii) contravene the terms or conditions of a Permit issued under this By-Law. (c) No person through their own actions or through any other person shall destroy or injure a tree located in an identified Sensitive Natural Area. (d) A person shall not: i) destroy or injure any tree that is to remain standing after the destruction or injuring of trees is completed; ii) operate a vehicle, machinery or equipment or conduct their operations in such a manner or at such a time that results in excessive damage to the soil, wetlands or other portions of the Woodlands; iii) operate a vehicle, machinery or equipment or conduct operations in manner or at a time, that results in the leaving of any part of a tree in a watercourse including any trees that have not been cut, but have been pushed, knocked over or otherwise ended up in a watercourse. (e) Any woodlands/woodlots infected or infested with a non-native pest or disease shall be evaluated by a member of good standing with the Ontario Professional Foresters Association or a designated Forest Health Technician to determine the root cause of the mortality and effects on the woodland/woodlot. This includes an evaluation of the regeneration to meet the definition of a woodlot/woodlands as set out in Section 1(w)(i) of the By-Law. The Lambton County Official Plan deems any woodland/woodlot within the Natural Heritage Corridor as a priority for protection and therefore is permitted to naturally regenerate as the intended land use for the area. For areas outside of the Natural Heritage Corridor, the landowners will be encouraged to maintain the area as a woodland/woodlot. 3. EXEMPTIONS This By-Law does not apply to: (a) activities or matters undertaken by a municipality or a local board of a municipality; or (b) activities or matters undertaken under a license issued under the Crown Forest Sustainability Act, 1994; or (c) 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; or (d) 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; or (e) 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 requirement of an agreement entered into under the regulation; or (f) 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 as defined in that Section; or (g) 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; or (h) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, i) That has not been designated under the Aggregate Resources Act or a predecessor of that Act; and ii) On which a pit or quarry is a Permitted land use under a By-Law passed under section 34 of the Planning Act. 2001, c.25, s.135(12); or (i) the injury or destruction of trees where the owner of the trees has been granted an exemption by Council pursuant to section 4; or (j) the injuring or destruction of trees that is required in order to erect any building, structure or thing in respect of which a Building Permit has been 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 meters from the outer edge of the building, structure or thing; or (k) the injuring or destruction of trees that is required in order to install or provide utilities to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued; or (l) the injuring or destruction of trees that is required in order to install and provide utilities to a single lane driveway for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; or (m) the owner of the woodlands that has destroyed or injured trees for his or her own use where the owner has been the registered owner of said property for a minimum of two years prior to the date of the commencement of the destruction or injury; or (i) Except for work on municipal drains, if any tree removal is necessary due to the undertaking of any drainage work, notification of the County Solicitor/Clerk's office is necessary, and every person intending to destroy trees for the purpose of drainage work must comply with Section 2. (ii) Any tile drainage work through or adjacent to woodlands shall be constructed of closed tile in the part of the drainage work that goes through or adjacent to the woodland. 4. HEARINGS BOARD EXEMPTIONS (a) In order to be considered for an exemption to Section 2 the owner of the Woodlands must apply to The Woodlands Hearings Board for an exemption at least 3 months prior to the anticipated commencement of injury or destruction of trees by submitting: (i) completed application form as described in Schedule "B"; and (ii) the applicable fee as set out in Schedule "C". (b) At least 21 business days prior to consideration of the application for an exemption by the Woodlands Hearings Board, the County Clerk shall send by mail, written notice to the applicant and all assessed owners of each parcel of land that abuts the applicant's Woodlands for which an exemption is being sought. Such notice shall contain requirements as noted in Schedule "J". (c) The applicant shall erect and display a public notice regarding the exception application at the entrance of the adjoining roadway to the land where the minor exception is being sought in a position that is clear and visible to all persons and the notice shall be in the form of Schedule "D". (d) The notice shall be posted at least 15 business days prior to consideration of the application. (e) Provided that there have been no objections filed with the County Clerk and the Officer agrees that the general purposes and the intent of this By- Law is maintained, the Officer may grant the Permit for the exemption in the form of Schedule "G". (f) When granting a Permit for an exemption, the Officer may include terms or conditions. (g) When denying an exemption the Officer must notify the applicant. (h) The applicant may object to the terms and conditions on the Permit for the exemption. (i) Where there have been objections filed with the County Clerk or where the applicant objects to the terms and conditions on the Permit for the exemption, the Woodlands Hearings Board will consider the application for exemption, any conditions to the Permit and make a decision whether to grant the exemption. (j) The Woodlands Hearings Board shall hear any person who wishes to speak to the exemption for which objections have been filed. (k) All decisions of the Woodlands Hearings Board shall be final, unless appealed. Appeals shall be heard by the Appeals Panel of the Woodlands Hearings Board. (l) The Appeals Panel may affirm, reverse or vary decisions made by the Woodlands Hearings Board. (m) There are no appeals from any decision of the Appeals Panel of the Woodlands Hearings Board. 5. NOTICE OF INTENT (a) Every owner of Woodlands or person acting on behalf of the owner who intends to destroy or injure trees personally or through another person, under Section 2 (a) (i) of this By-Law shall complete and submit to the Officer or their designate no less than 10 business days prior to the start of destruction or injury, all the information as prescribed in Schedule "G" and the applicable fee as set out in Schedule "C". (b) Every owner of Woodlands or person acting on behalf of the owner who intends to destroy or injure trees personally or through another person, under Section 2 (a) (ii) of this By-Law shall complete and submit to the Officer or their designate no less than 10 business days prior to the start of destruction or injury, all the information as prescribed in Schedule "H" and the applicable fee as set out in Schedule "C". (c) Any person who is required to file a Notice under subsection (a) or (b) shall also erect and display a sign at the entrance at the adjoining roadway to the land where the destruction or injury of the trees is to occur, in a position that is clear and visible to all persons, and such sign shall be in the format as outlined in Schedule "I"-"Notice of Timber Harvesting". (d) No person shall destroy or injury trees pursuant to subsection (a) or (b) until such time that the Officer or their designate provides a written acknowledgement that the Notice of Intent complies with the provisions of this By-Law. 6. PERMIT APPLICATION PROCESS (a) Applications for a Permit will not be processed if: (i) applications have not been completed in full; and (ii) the substantive requirements that must be submitted with an application have not been included; and (iii) applications are not in keeping with the general purpose and intent of this By-Law; and (iv) the prescribed application fee, as set forth in Schedule "C" has not been paid in full. (b) A Permit in the form of Schedule "F" may be: (i) issued to the applicant for a term of 2 years; (ii) renewed by the officer for a term of 1 (one) year provided an additional prescribed application fee as set forth in Schedule "D" is paid; (iii) renewed by Woodlands Hearings Board for one term of 1 (one) year provided an additional prescribed application fee as set forth in Schedule "D" is paid. (c) An officer may impose conditions to the Permit that relate to: (i) the manner in which destruction or injury is to occur; and (ii) the qualifications of persons authorized to destroy or injure trees. (d) When denying a Permit, the Woodlot Officer must notify the applicant. 7. CONFIRMATION OF NOTICE When all of the information prescribed in Schedule "G" or "H" has been submitted pursuant to Section 5 (a) or (b) of this By-Law, and the Officer or their designate has reason to believe that the proposed destruction or injury of trees may cause harm to a significant ecosystem or Sensitive Natural Area, the Officer or their designate may prohibit the destruction or injury of trees until such time as the owner of Woodlands or a person acting on their behalf submits an evaluation of the ecological significance of the proposed area to be cut. Such an evaluation shall be carried out by a Registered Professional Forester for at least four consecutive months during the period of May 1 to September 30. The Officer or their designate may allow the proposed destruction or injury of trees if they are satisfied upon reviewing the evaluation that no significant ecosystem or Sensitive Natural Area will be harmed. 8. ORDERS TO DISCONTINUE ACTIVITY (a) Where an Officer is satisfied that a contravention of this By-Law has occurred, 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 set out the information contained in Schedule "E". (b) An order issued under this section may be served personally or served by sending it by registered mail to the last known address of: (i) the owner of the Woodlands; and (ii) the person identified as injuring, destroying or harvesting a tree or trees. (c) Where service of an order is made by mail, service shall be deemed to have been served on the fifth day after the order is mailed. (d) Where service cannot be carried out under section 8, subsection (b), it is deemed sufficient if the Officer places a placard containing the terms of the Order in a conspicuous place on the affected lands and the placing of the placard shall be deemed to be sufficient service of the Order on the person to whom the Order is directed. (e) If the person to whom the Order is directed is not satisfied with the terms of the Order, the person may appeal to Woodlands Hearings Board by filing a Notice of Appeal by personal service or registered mail to the County Clerk within 30 days of the date of the Order. (f) Where an appeal has been filed, the Appeals Panel of the Woodlands Hearings Board shall hear the appeal and have all the powers and functions of the Officer. (g) Before conducting a hearing under this section, the County Clerk shall give notice to such persons or direct that notice be given to such persons as the County Clerk considers should receive notice and in the manner directed by the County Clerk. (h) After hearing an appeal, the Appeals Panel of the Woodlands Hearings Board may confirm or revoke any Order issued under this By-Law or may issue a Permit with conditions, provided that in the opinion of the Appeals Panel of the Woodlands Hearings Board, the general intent and purpose of this By-Law has been maintained. (i) The proceedings at the hearing held by Appeals Panel of the Woodlands Hearings Board shall be in accordance with the provisions of the Statutory Powers Procedures Act, R.S.O. 1990, and c.22. The decision of the Council under this section is final. 9. PENALTY (a) Any person who contravenes any provision of this By-Law, or an order issued under Section 8 is guilty of an offence and is liable for each occurrence of the contravention, infraction or violation on conviction to a maximum fine of $100,000.00 or $10,000.00 per tree, whichever is greater. (b) If a person is convicted of an offence for contravening this By-Law or an Order issued under Section 8, 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. 10. ENFORCEMENT (a) This By-Law shall be enforced by an Officer appointed by the municipality. (b) An Officer may at any reasonable time enter and inspect any land to determine whether this By-Law, an Order or a condition of a Permit is being complied with. (c) Any person, who obstructs or interferes with an Officer in the discharge of his or her duties under this By-Law, shall be considered in violation of this By-Law. 11. ADMINISTRATION (a) Schedules "A-J" shall form part of this By-Law. (b) 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. (c) The short title of this By-Law is the "Woodlands Conservation By-Law". (d) By-Law No. 15 of 2002 of the Corporation of The County of Lambton shall be repealed effective on the coming into force and effect of this By-Law. (e) Despite subsection (d) of this section, By-Law No. 15 of 2002 of The Corporation of The County of Lambton shall continue to apply to proceedings in respect of offences that occurred before its repeal. 12. THIS BY-LAW shall come into force and take effect upon passing. THIS BY-LAW read a first, second and third time and finally passed this 3rd day of September, 2014. Todd Case, Warden David Cribbs, Clerk SCHEDULE "A" CIRCUMFERENCE LIMITS BY TREE SPECIES SPECIES "A" BASSWOOD.......... (Whitewood) (Tilia Americana) BLACK GUM........ (Black Tupelo) (Nyssa Sylvatica) CHESTNUT.......... (American ) (Castanea dentate) CUCUMBER......... (Magnolia acuminate) ELM................... White (Ulmus Americana) Red (Ulmus thomasii) Rock (Ulmus ruba) HACKBERRY....... (Celtis occidentalis) KENTUCKY COFFEE TREE...... (Gymnocladus dioicus) MAPLE.................. Sugar (Acer saccharum) Black (Acer nigrum) Red (Acer rubrum) Silver (Acer saccharinum) OAK .................... Red (Quercus rubra) Shumard (quercus shumerdii) White (Quercus Alba) PINE..................... White (Pinus strobus) TULIP................... Yellow Poplar ( Liriodendron tulipifera) WALNUT............... Black (Juglans nigra) White ( Butternut) (Juglans cinerea) SPECIES "A" MEASUREMENTS Point of Measurement Circumference Diameter 30 cm (12 in) 160 cm (63 in) 51 cm (20 in) 20 cm (8 in) 175 cm (69 in) 56 cm (22 in) 10 cm (4 in) 208 cm (82 in) 66 cm (26 in) SPECIES "B" ASH..................... White (Fraxinus Americana) Green (Red) (Fraxinus pennsylvanica) Blue (Fraxinus quadrangulata) Red (See Green Ash - considered as one) Black (Fraxinus nigra) BEECH .................. American (Fagus grandifolia) BIRCH................... Yellow (Betula alleghaniensis) BLACK CHERRY... Black (Prunus serotina) HEMLOCK............. Eastern...(Tsuga Canadensis) HICKORY............... Bitternut (Carya cordiformis) Mockernut (Carya tomentosa) Pignut (Carya glabra) Shagbark (Carya ovata) Shellbark Carya laciniosa) OAK....................... Black (Quercus velutina) Burr (Quercus macrocarpa) Chestnut (quercus prinus) Chinkopin (Quercus muehlenbergii) Swamp White (Quercus bicolor) Pin (Quercus palustris) PINE..................... Red (Pinus resinosa) POPLAR................ Carolina (Populus Canadensis) Eastern Cottonwood (Populus deltoides SPRUCE................ Norway (Picea abies) White (Picea glauca) SYCAMORE.......... (Platanus occidentalis) SPECIES"B"MEASUREMENTS Point of Measurement Circumference Diameter 30 cm (12 in) 127 cm (50 in) 41 cm (16 in) 20 cm (8 in) 145 cm (57 in) 46 cm (18 in) 10 cm (4 in) 175 cm (69 in) 56 cm (22 in) SPECIES "C" BIRCH.................... White (Betula papyrifera) CEDAR.................. White (Thuja occidentalis) LARCH......... .......... Eureopean (Larix deciduas) Eastern Tamarack (Larix laricinna) LOCUST................. Black (Robinia pseudoacacia) POPLAR................. Balsam (Populus balsamifera) Largetooth Aspen (Populus grandidentata) Trembling Aspen ( Populus tremuloides) SPECIES "C" MEASUREMENTS Point of Measurement Circumference Diameter 30 cm (12 in) 79 cm (31 in) 25 cm (10 in) 20 cm (8 in) 94 cm (37 in) 30 cm (12 in) 10 cm (4 in) 127 cm (50 in) 41 cm (16 in) SCHEDULE "B" APPLICATION FOR EXEMPTION File No. Name(s) of Owner: _____________________________________________________ Address: ________________________________ Postal Code: _____________ Telephone: Residence: ______________ Business: ____________ Fax: ___________ E-Mail: ________________________________________________________________ Location of Trees Affected / Ownership Municipality _________________________Assessment Roll Number______________ Lot_______ Concession_________ 911 Address______________________________ Property owned by applicant? _____ YES ____ NO (if No, authorizing letter must be attached) If purchased within the last three years, state name and address of former owner and the date of your purchase. ______________________________________________________________________ Has the owner previously made application for and been granted permission to destroy or injure trees. ______________________________________________________________________ Application Type _____ Council Exemption less than or equal to 1 hectare (2.5 acres) _____ Council Exemption greater than 1 hectare (2.5 acres) An environmental Impact Study Report is attached to this application. Property / Forest Description This application is requesting a Permit to remove the following (please indicate) Overstory ____Under story ____ Total Area: _______ Hectares _______ Acres __ Total Woodland Hectares (Acres) on the Property: _________Hectares _______ Acres Description of tree species on the described land:______________________________ Tree species to be destroyed on the described land: ___________________________ This Exemption is requested for the following reasons, including description of end use after trees have been destroyed: _____________________________________________________________________ _____________________________________________________________________ Is the applicant willing to offset the destruction of trees on the subject property through replanting trees on said property? Yes _____ No _____ Indicate how may ___ acres ____ hectares you are willing to replant? Total Area: ____ If the applicant cannot replant in lieu of destruction is the applicant willing to make payment in lieu of destruction? Yes _____ No _____ Please return this application with a cheque made payable to the Corporation of the County of Lambton in the amount of $ 1,250.00 to the Planning Department, 789 Broadway, Box 3000, Wyoming, ON N0N 1T0. Personal information on this form is collected under the authority of the Municipal Act. Pursuant to the Municipal Freedom of Information and Protection of Privacy Act, questions about the collection of personal information should be directed to the Clerk. W - Council Exemption Requirements / Information I. A Council Exemption application must be completed in full in order to be processed. An application for an area greater than 1 (one) hectare (2.5 ac.) must be accompanied by an Environmental Impact Study. II. It shall be normal practice that when an owner or his authorized agent makes an inquiry with regard to Woodlands Conservation Consolidated By-Law No.45 of 2003 and By-Law 1 of 2008, that the Officer will make an inspection of the property to determine whether or not an application for a Council Exemption is necessary. III An information summary describing the application area and the forest cover component will be prepared by the Officer. IV Notice of this permit application shall be sent by regular mail to all landowners whose lands abut the land the applicant has outlined. Landowners separated by a public road allowance shall also be considered to be abutting landowners. Further circulation of this application may be made to the appropriate government agencies for review and comments (i.e. Conservation Authorities, Ministry of Natural Resources, Ministry of Agriculture Food and Rural Affairs, and local Municipalities). V. Any person who has made an application for a Council Exemption Permit shall erect and display a public notice regarding the Council Exemption application at the entrance from the adjoining roadway to the land where the Council Exemption Permit is being sought in a position that is clear and visible to all persons, and such sign shall be in the format of Schedule "D". VI. The hearing for the application shall not be held less than twenty-one (21) working days from receipt of the application. VII. If the application is approved an on site inspection will be made and the perimeter of the forest cover which will remain will be marked with paint or some other means, to clearly indicate the extent of the approved Council Exemption Permit area. Trees destroyed outside any approved area will be considered a violation under the Woodlands Conservation Consolidated By-Law No.45 of 2003 and By-Law No. 1 of 2008, as consolidated. Declaration I,____________________________of the ______________________ of______________________________in the Municipality of______________________ Solemnly declare that: All above statements and the statements contained in all the exhibits transmitted herewith are true, and I make this solemn declaration conscientiously believing it to be true and knowing that it is the same force and effect as if made under oath. Declared before me at the ___________________of ______________________ in the ________________ of ______________ this ______day of ______ 20___. ________________________________ Signature of Owner or Authorized Agent ________________________________ ____________________________ Signature of Owner or Authorized Agent A Commissioner etc. Note 1: If signed by an agent, written authorization of the owner must accompany the application. If the applicant is a corporation, the application shall be signed by an officer of the corporation and the corporation's seal shall be affixed. Note 2: Each application must be accompanied by a sketch, showing the parcel of land that is the subject of the application, showing the boundaries and dimensions of the total holdings, and showing the size and area of the trees to be removed, as well as portions of the woodland to be retained and the location of the property to abutting properties and their land use (e.g., residential, agricultural, cottage, commercial, etc.) SCHEDULE "C" Fee Schedule Application for Exemption to Clear Woodlands $1,250.00 Extension of Approved Permit $175.00 Notice of Intents - Good Forestry Practice Cuts $75.00 Notice of Intents - Circumference Limit Cutting $75.00 Exemption Requests (Under Section 3) $275.00 SCHEDULE "D" PUBLIC NOTICE Woodlands Conservation By-Law This posted notice does not imply unrestricted access. Interested parties must receive permission to enter these forested lands from the landowner. An APPLICATION FOR AN EXEMPTION TO WOODLANDS CONSERVATION BY-LAW HAS BEEN RECEIVED BY COUNCIL AFFECTING THESE FORESTED LANDS: Lot: _______ Concession: ____________Municipality: __________________________ 911 Address: ___________________________________________________________ Landowner: ____________________________________________________________ THE APPLICATION SUBMITTED REQUESTS THE CLEARING OF ______________ HECTARES OF FORESTED LAND. Deadline for Written Comments: COMMENTS CAN BE SUBMITTED TO THE ADDRESS LISTED BELOW: County of Lambton, 789 Broadway St., Box 3000, Wyoming, ON N0N 1T0 This Notice is posted under the authority of Lambton County Woodlands Conservation Consolidated By-Law No. 45 of 2003 and By-Law No. 1 of 2008 This Notice is to remain posted no less than ten business days prior to consideration of this application FURTHER INFORMATION IS AVAILABLE FROM Planning & Development Services Department (519) 845-0809 ext. 5341 SCHEDULE "E" STOP WORK ORDER YOU ARE 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 lands comprising; Municipal Address / Legal Description LOT: ________ CONCESSION: ___________ MUNICIPALITY: _____________ Municipal Address: IDENTIFIED OWNER / INDIVIDUAL RESPONSIBLE FOR DESTRUCTION OR INJURY OF TREES: ___________________________________ _____________________________________________________________________ DESCRIPTION OF INFRACTION: ______________________________________________________________________ Date of Inspection: _______________________________________ Effective Order Date: _________________________ To: _______________________ Signature of Officer: _____________________________________________________ Date: ____________________________ Pursuant to Woodlands Conservation Consolidated By-Law No. 45 of 2003 and By-Law No. 1 of 2008, Section 8, subsection (e) where the person to whom the Order is directed has been served in accordance with this By-Law is not satisfied with the terms of the Order, the person may appeal to Council by filing Notice of Appeal by personal service or registered mail to the County Clerk within 30 days after the date of the Order. SCHEDULE "F" PERMIT TO DESTROY TREES Permission is hereby granted by the Council of the Corporation of the County of Lambton to destroy trees under the supervision of the Officer as outlined below: File No. Granted to:___________________________________________________________ Address:_____________________________________________________________ ____________________________________________________________________ LOT: __________ CON: __________ MUNICIPALITY: ________________________ _____________________________________________________________________ Description of area and trees to be destroyed: Conditions: DATE OF EXPIRY: DATE OF ISSUE: W- SCHEDULE "G" NOTICE OF INTENT - GOOD FORESTRY PRACTICE PLEASE PRINT CLEARLY USING BLACK INK Completed Notice of Intent to be received by the Woodlot Officer at LEAST 10 DAYS PRIOR TO COMMENCING OF THE DESTRUCTION or INJURY OF TREES, along with a cheque made payable to the County of Lambton in the amount of $75.00. All Sections are to be filled out completely. Failure to do so will result in making this intent notice null and void, and this document will be returned to the applicant for correction. This Notice of Intent is valid for one year after submission. Property Owner: Surname:_________________________ Given Name: ________________________________ Address:_________________________________________________________ Postal Code:____________________ Telephone Number: ( )________________________ Telephone Number: ( )______________________________ Forest Location: Lot ________ Concession ___________ Municipality ______________________________________ Reason for Tree Removal Commercial Timber Harvest  Stand Improvement  Firewood Removal  Other (specify)  TREE HARVEST SUMMARY (A legible tally sheet can be substituted and attached) Tree Species No. TOTAL TREES VOLUME ESTIMATE (m3):_______________________ Harvest Area (ha): _____________________________ _____________________________________________ GOOD FORESTRY PRACTICE APPLICATIONS MUST INCLUDE THE FOLLOWING DOCUMENTATION  A forest operations silvicultural prescription written and approved by a qualified individual.  Short (5 yrs) and Long (20+ yrs) term forestry related objectives.  Instructions for tree markers.  Current species composition, age, height, stocking, stand quality, site class, regeneration.  Description of significant features, and integrated resource management considerations. PRESCRIPTION INFORMATION Prescription prepared by:__________________________________________ Mailing Address: _______________________________ Telephone Number: ____________________________ Qualifications: _________________________________ Date Prescription Prepared: ______________________  Check if area has been inspected since tree marking. TREE MARKER INFORMATION Trees Marked By: ______________________________ Mailing Address: _______________________________ Telephone Number: ____________________________ Qualifications: _________________________________ Paint Colour: ________ Date Marked: ______________ All trees to be cut shall be marked with a paint spot on opposite sides of the tree at a height no lower than 1.37 metres above the highest point of ground at the base of the tree. The mark shall be at least 8 centimetres in diameter for hardwood sawlogs/conifer poles or sawlogs and a slash 20 centimetres long for fuelwood/conifer sawlogs/pulp. A similar mark shall be placed at the base of the tree below the saw line and extending to the ground. All trees shall be marked facing the same direction, unless the terrain requires a change in direction, in which case the marking will proceed consistently with the terrain. CONTRACTOR INFORMATION Surname: _____________________________________ Given Name:__________________________________ Address: _____________________________________ Postal Code: ________ Telephone Number: _________ Person in charge of Harvesting Trees: ______________________________ Estimated Starting Date: _________________________ Person in Charge of Harvesting Trees is required to provide 10 days Verbal or Faxed Confirmation to the Officer prior to start date. (Complete below or attach a forest operations silvicultural prescription and Distribution of Cut.) If the landowner is selling standing timber to a logger for harvesting has: YES NO a contract been signed between landowner and contractor? the contractor provided proof of WSIB coverage for employees/liability insurance coverage? the contractor provided proof of cutter/skidder certification for all employees and themselves? the main skid trail has been delineated? Have arrangements been made to harvest the fuel wood from tree tops? I agree that operations will be in accordance with the provisions of Woodlands Conservation Consolidated By- Law No. 45 of 2003 and By-Law No. 1 of 2008 of the Corporation of the County of Lambton and that I am familiar with the contents and requirements of this By-Law and acknowledge having received a copy thereof. I further agree that any tree harvested will be in accordance with Good Forestry Practices. Further, I agree to contact the Woodlot Officer 10 days prior to commencing harvesting of trees. In the event of a mail disruption this form may be delivered to any local municipal office. ___________________ ________ _____________________ ________________ Signature of Prescription Writer Date Signature of Tree Marker (if applicable) Date _______________________ __________ __________________________ ___________________ Signature of Landowner Date Signature of Contractor (if applicable) Date I UNDERSTAND THAT UNDER THE AUTHORITY OF THIS BY-LAW AND THE MUNICIPAL ACT, R.S.O. 2001, C.25, AN APPOINTED OFFICER CAN ENTER THE DESCRIBED PROPERTY FOR THE PURPOSES OF UNDERTAKING AN INSPECTION. INDIVIDUALS FILING A NOTICE OF INTENT FOR GOOD FORESTRY PRACTICES THAT DO NOT QUALIFY FOR THIS EXEMPTION WILL BE NOTIFIED WITHIN 5 WORKING DAYS OF FILING. Map must be legible and include:  Preferred entry points for inspection  Location/name of surrounding roads  Location of buildings on property  Forested areas and harvest areas  Log landing(s)  Power lines and Municipal ditches It is requested that if loggers are working near or adjacent to power lines that they contact the local Hydro Utility Company for assistance to prevent an accident and any damage that may occur to hydro lines and equipment due to a logging accident. INDICATE NORTH - Please indicate if the property enrolled in: Conservation Land Tax Incentive Program Managed Forest Tax Incentive Program SCHEDULE "H" - County of Lambton NOTICE OF INTENT - CIRCUMFERENCE LIMIT CUTTING PURSUANT TO WOODLANDS CONSERVATION CONSOLIDATED BY-LAW NO. 45 of 2003, BY-LAW NO. 1 of 2008 & BY-LAW NO. 28 of 2011. Completed Notice of Intent to be submitted to the Planning Department, at 789 Broadway Street, Box 3000, Wyoming, ON N0N 1T0 (519) 845-0809 Ext. 5341, along with a cheque made payable to the County of Lambton in the amount of $75.00. AT LEAST 10 DAYS PRIOR TO THE PROPOSED COMMENCEMENT OF THE DESTRUCTION OR INJURY OF TREES. 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: ________________________________________________________ Address: ______________________________________________________________ Postal Code: ___________________ Tel: ___________________________________ Fax: ______________________________ E-mail: _____________________________ Contractor: (if different from above) _________________________________________ Address: ______________________________________________________________ Postal Code: ____________________ Tel: ___________________________________ Fax: ______________________________ E-mail: _____________________________ On Site Person in charge of the harvest of trees: ______________________________ Expected Starting Date: __________________________________________________ Location of Woodland: Lot _________________ Con. __________________________ 911 Address ___________________________________________________________ Reason for Removal: Commercial Timber Harvest ________ Stand Improvement _______ Firewood Removal ____________ Other ___________________________________ Approximate Size of Woodland: ___________________________________________ Area of Harvest: (indicate on sketch) ________________________________________ Trees Marked by: _______________________________________________________ Mailing Address: ________________________________________________________ Tel. ______________________________ E-mail ______________________________ Qualifications: __________________________________________________________ It is the responsibility of the owner or authorized agent to have marked with paint, on 2 sides, all the trees to be harvested with this Notice of Intent. If the woodland will not be harvested within 12 months of receipt of this Notice of Intent, it will become null and void. The Notice of Intent or copy must be on site at all times and in the possession of the person in charge of cutting. TREE HARVEST SUMMARY (A legible tally sheet can be substituted and attached) Tree Species No. Description of Area Indicate North Total Trees 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 all tree cutting operations will be in accordance with the provisions of Lambton County Woodlands Conservation Consolidated By-Law No. 45 of 2003 and By-Law 1 of 2008, and that I am familiar with the components and requirements of this and acknowledge having received a copy thereof. Further, I agree to contact the Planning & Development Services Department at (519) 845-0809 ext. 5341 24 hours prior to commencing cutting of trees set out in this notice Dated at _______________________this _____ day of _________________, 20____. __________________________________________ Signature of Contractor __________________________________________ Signature of Property Owner or Authorized Agent Information: Circumference limit cutting is generally not considered good Forestry practices and may affect the health and economic return of the forest in the future. SCHEDULE "I" Notice of Timber Harvesting DO NOT ENTER during harvesting activities for your own safety. This posted notice does not imply unrestricted access. Interested parties must receive permission to enter these lands from the landowner. Contractor: ____________________________________________________________ Phone Number: _______________________________________________________ Owner: ______________________________________________________________ Timber Harvest Date: ___________________________________________________ Timber to be Harvested Marked by: _________________________________________ Phone Number of Marker: _______________________________________________ This Notice is posted under the authority of the Woodlands Conservation Consolidated By-Law No. 45 of 2003, By-Law No. 1 of 2008 & BY-LAW NO. 28 of 2011. This Notice is to remain posted prior to the commencement of harvesting and no less than ten days after completion of harvest. Removal prior to this period is a chargeable offence. _____________________________________________________________________ If you should have any questions or concerns regarding this timber harvest please contact _____________________________at____________________________ SCHEDULE "J" WRITTEN NOTICE OF APPLICATION MADE FOR EXEMPTION TO WOODLANDS CONSERVATION CONSOLIDATED BY-LAW 45 of 2003, BY-LAW 1 of 2008 & BY-LAW 28 of 2011. The Woodlot Officer is to send a written notice to the applicant and all assessed owners of each parcel of land that abuts the applicant's woodlands for which an exemption is being sought and to such other persons as prescribed by council. Such written notice should include: (a) the name and address of the owner who has made the application for an exemption; (b) a description of the woodlands in respect of which the application has been made; (c) a description of the nature and extent of the trees in the woodland; (d) a description of the purpose, nature and extent of the exemption for which the application has been made; (e) a description of the process by which objections can be filed in regards to the exemption application; and (f) the date, time and location of the (decision making body) meeting where objections to the application will be heard.