Woodlands By-Law, By-Law #7314 (A By-law to Prohibit or Regulate the Destruction or Injuring of Trees)
Middlesex County, Ontario
· adopted 2025-01-14
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THE CORPORATION OF THE COUNTY OF MIDDLESEX
BY-LAW #7314
A BY-LAW to Prohibit or Regulate the Destruction or Injuring of Trees.
WHEREAS:
A.
Section 135 of the Municipal Act, R.S.O. 2001, c.25, (the "Municipal
Act"), as amended or replaced, authorizes the Council of the County of
Middlesex (the "County") to enact a By-law to prohibit or regulate the
destruction or injury of trees in woodlands;
B.
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 regarding the manner of destruction and the
qualifications of persons authorized to injure or destroy trees; and
C.
Council has determined that it is desirable to enact such a By-law for the
following purposes: the conservation and enhancement of the County's
woodlands; improvement of natural heritage and ecosystem functions;
enhancement of forest integrity, diversity and resilience to pests and
disease; maintenance and improvement of wildlife habitat; sustainable
production of wood products; protection against floods, soil erosion, water
supplies; and improvement of human health and quality of life.
NOW THEREFORE the Council of The Corporation of the County of Middlesex
enacts as follows:
1.
SHORT TITLE
This By-Law may be cited as the "Woodlands By-Law".
2.
INCORPORATION OF RECITALS
The above recitals are hereby incorporated into this Woodlands By-law.
3.
DEFINITIONS
In addition to terms defined in the incorporated recitals to this Woodlands
By-law, the following terms have the following meanings in this Woodlands
By-law;
a)
"AGS" (Acceptable Growing Stock) means trees suitable for
retention in the stand for at least one (1) cutting cycle. They are
trees of commercial species with the form and quality as to be
saleable as sawlog products at a future date. The classification and
designation of a Tree as AGS or UGS will follow principles and
guidelines established in Section 5.3 of the technical guide "A
Silvicultural Guide to Managing Southern Ontario Forests" (Ministry
of Natural Resources, 2000).
b)
"Basal Area" means the area of the cross-section of a tree stem
measured at a point 1.37 meters (4.5 ft.) above ground level at the
base of the tree. For the purposes of this Woodlands By-law, Basal
Area refers to trees within a Woodland with a minimum DBH
(Diameter at Breast Height) of 10 cm, expressed in square meters
per hectare (m²/ha).
c)
"Building Permit" means a permit issued under the Building Code
Act, 1992, R.S.O. 1992, c.23, as amended or replaced.
d)
"Business Day" means any day from Monday to Friday, excluding
statutory holidays recognized in the Province of Ontario, including,
without limitation, New Year's Day, Good Friday, Victoria Day,
Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas
Day, and Boxing Day.
e)
"Certified Tree Marker" means an individual holding full
certification in good standing for tree marking under the Ontario
Ministry of Natural Resources program, with demonstrated
experience in marking according to Good Forestry Practices within
Middlesex County.
f)
"Circumference" means the measurement of the perimeter or
outer boundary of a tree's stem or trunk, including the bark.
g)
"Committee" means the Committee of the Whole, a Standing
Committee of County Council to which all matters related to
woodlands are referred, as designated by the Standing Rules,
Regulations, and/or By-laws of the County of Middlesex for
consideration and reporting to County Council.
h)
"Conifer Plantation" means a Woodland where coniferous trees
have been planted or seeded in a predetermined pattern.
i)
"Corridor" means a break in the forest cover or canopy, including
but not limited to treed windbreaks, rights-of-way, or natural open
spaces.
j)
"Coppice growth" means a tree with multiple stems emerging from
the same root system and connected through a common trunk. For
the purpose of assessing Basal Area, each stem that is separate
from the others at a point 1.37 meters above the highest point of
undisturbed ground at the base of the tree will be counted
separately.
k)
"Council" means the Council of the Corporation of the County of
Middlesex.
l)
"County Clerk" means the County Clerk of the Corporation of the
County of Middlesex, or their designated representative.
m)
"Diameter" means the measurement of a tree's stem diameter
taken outside the bark at a specified point.
n)
"DBH" (Diameter at Breast Height) means the diameter of a tree's
stem measured at 1.37 meters (4.5 feet) above ground level.
o)
"Drip Line" means an imaginary line directly beneath the outermost
branches of the trees that form the perimeter of the Woodlands.
p)
"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;
and
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.
iv)
are marked and cut as part of a Woodlands Management
Plan by way of a "prescription" approved by a Registered
Professional Forester or Associate Member in good
standing.
q)
"Harvest" means to destroy a tree.
r)
"Injure or Destroy" means lasting damage to a tree that inhibits or
terminates its growth, excluding pruning or branch removal for
maintenance purposes.
s)
"Logger" means an individual, company, or similar group that cuts
trees for purchase, sale, or other profit on behalf of a landowner.
t)
"Owner" means a person holding any right, title, interest, or equity
in land.
u)
"Permit" means the written authorization from the Woodlands
Officer provided where County Council has approved an Exemption
as contemplated in section 8 of this by-law. The Permit shall be in
the form provided in Schedule "I".
v)
"Person" means any individual, corporation, partnership,
association, firm, trust, or other entity, including anyone acting on
behalf of or under the authority of such an entity.
w)
"Personal Use" means the use of trees that does not involve the
sale, exchange, or other of trees that are destroyed or injured.
x)
"Plantation" means a Woodland where trees have been planted or
seeded in a predetermined pattern.
y)
"Point of Measurement" means the point on the tree trunk
measured above the location where the ground meets the stump.
For coppice growth, the point of measurement is where the tree
stems separate, provided this separation occurs less than 1.27
meters above the ground.
z)
"Prescribed Species" means the species of trees listed in
Schedule "A" of this Woodlands By-law.
aa)
"Prescription" means a pre-harvest silvicultural prescription, a
document that applies site-specific field data to develop forest
management guidelines for areas prior to logging. In Ontario,
prescription approval is part of professional forestry practice and
requires the signature of a Registered Professional Forester or a
qualified Associate member of the Ontario Professional Foresters
Association.
bb)
"Registered Professional Forester" as defined in the Professional
Foresters Act, 2000, S.O. 2000, c.18, as amended or replaced.
cc)
"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)
Natural Heritage Features within Middlesex County as
designated by the Ontario Ministry of Natural Resources or
by the Middlesex County Natural Heritage Systems Study.
dd)
"Significant Woodlands" means lands designated as significant
woodlands in the Middlesex County Natural Heritage Systems
Study, as amended or replaced, or any other lands that meet the
criteria for significance as established by this Woodlands By-law or
subsequent regulations. This designation includes areas essential
for the conservation of biodiversity, habitat connectivity, and
ecosystem services. Independently, for the purpose of this
Woodland By-law, an Officer may also deem lands as Significant
Woodlands based on a comprehensive assessment of ecological
value, land use impacts, and environmental sustainability,
considering factors such as species diversity, habitat quality, and
the presence of rare or endangered species.
ee)
"Silviculture" means the art and science of producing and tending
forests; the theory and practice of controlling forest establishment,
composition, growth, and quality to achieve management
objectives.
ff)
"Tree" means a woody perennial plant, whether alive or dead,
healthy or unhealthy, including saplings or seedlings and their root
systems, that has reached, could reach, or could have reached a
height of at least 4.5 metres (15 feet) at physiological maturity.
gg)
"Tree Marker" means an individual qualified to mark trees in a
woodland according to the circumference limit standards set out in
Section 4(a) of this Woodlands By-law.
i)
"Independent Tree Marker": an individual with no economic
ties to any logger or timber product processor.
ii)
"Commercial Tree Marker": an individual employed by a
logger or a timber product processor.
hh)
"UGS" or "Unacceptable Growing Stock" means trees with a high
risk of dying and expected to decline over the next cutting cycle.
This includes trees of poor form and/or low quality.
ii)
"Woodlands" means land at least one (1) hectare or more in area
with at least:
i)
1000 trees of any size, at DBH, per hectare;
ii)
750 trees, measuring over five (5) centimetres in diameter at
DBH, per hectare;
iii)
500 trees, measuring over twelve (12) centimetres in
diameter at DBH, per hectare; or
iv)
250 trees, measuring over twenty (20) centimetres in
diameter at DBH, per hectare.
For the purpose of this Woodlands By-law, "Woodlands" includes
any lands defined as "Significant Woodlands" under Section 3(dd).
Any reference to "Woodlands" within this Woodlands By-law shall
be deemed to include "Significant Woodlands" unless otherwise
specified.
i)
This definition excludes:
a) cultivated fruit or nut orchard;
b) plantations established for producing Christmas trees;
and
c) single tree row width tree fence
jj)
"Woodlands Officer" means an individual or individuals appointed
by the Council of the Corporation of the County of Middlesex to
administer and enforce this Woodlands By-law.
4.
GENERAL PROHIBITION
a)
Subject to sections 5 and 8, no Owner or Person shall, through
their own actions or through the actions of another, conduct
operations to injure or destroy any trees. Both the Owner and
Person acting on their behalf are jointly and severally liable for
compliance with this Woodlands By-law. The destruction, injury, or
operations involving trees is permitted only if it:
i)
Meets Good Foresty Practices as prescribed by a
Registered Professional Forester or Associate Member, in
good standing with the Ontario Professional Foresters
Association;
ii)
Involves only those trees which have attained, at the
specified point of measurement, the Circumference
measurement that equals or is greater than the minimum
Circumference prescribed for the species in Schedule "A"; or
iii)
Is for the Personal Use of the Owner, provided the Owner
has been the registered owner the property prior to the date
of the commencement of the destruction or injury. Both the
Owner and any Person acting on their behalf are jointly and
severally liable for compliance with this By-law.
b)
The injuring or destruction of trees in accordance with section
4(a)(ii) or (iii) shall not:
i)
Reduce the basal area in the part of the Woodlands where
trees have been destroyed or injured below 14 m2/ha., of
trees 25cm. and larger, at DBH, of AGS stock, as determined
by using the method described in Schedule "B"; or
ii)
Reduce the number of trees per hectare below the minimum
required to be considered Woodlands, unless such reduction
is part of a woodland management plan by "prescription".
5.
LEGISLATED EXEMPTIONS
a)
This Woodlands By-law does not apply to:
i)
Activities or matters undertaken by a municipality or a local
board of a municipality;
ii)
Activities or matters undertaken under a license issued
under the Crown Forest Sustainability Act, 1994, as
amended or replaced;
iii)
The injuring or destruction of trees by a person licensed
under the Surveyors Act, as amended or replaced, to
engage in the practice of cadastral surveying or their agent,
while making a survey;
iv)
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 Sections 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;
v)
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;
vi)
The injuring or destruction of trees by a transmitter or
distributor, as those terms are defined in Section 2 of the
Electricity Act, 1998, as amended or replaced, for the
purpose of constructing and maintaining a transmission
system or a distribution system, as those terms as defined in
that section;
vii)
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, as amended or replaced;
viii)
The injuring or destruction of trees undertaken on land to
lawfully establish and operate or enlarge any pit or quarry on
land,
1. That has not been designated under the Aggregate
Resources Act, as amended or replaced, or a
predecessor of that Act; and
2. On which a pit or quarry is a Permitted land use under a
By-law passed under section 34 of the Planning Act.
c.25, s.135(12);
ix)
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
metres from the outer edge of the building, structure or thing
and the Woodlands Officer has been notified; or
x)
The erection and maintenance of a boundary fence located
between two adjacent Woodlands.
6.
NOTICE OF INTENT TO CUT & COMPLIANCE CERTIFICATE
a)
Where the destruction or injury of trees is permitted in accordance
with section 4 of this Woodlands By-law, the following requirements
must be met no less than fourteen days (14) days prior to the start
of any destruction or injury of any tree:
i)
The Owner or Person acting on their behalf shall submit to
the County Clerk a Notice of Intent to Cut in the format set
out in Schedule "C", Schedule "D" or Schedule "E", as
appropriate.
ii)
The Owner shall erect a sign in the format prescribed in
Schedule "F" at the entrance of the adjoining roadway to the
land where the destruction or injury of the trees is to occur
and shall be in a position that is clear and visible to the
public.
iii)
The Owner shall ensure all trees to be injured or destroyed
are marked with paint clearly on at least two (2) opposite
sides.
b)
Upon receipt of a complete Notice of Intent to Cut, the Woodlands
Officer shall conduct a site inspection and, where, in the opinion of
the Woodlands Officer, the proposed activity complies with this by-
law, a Compliance Certificate shall be issued by the Woodlands
Officer.
c)
No destruction or injury of trees shall take place unless a
Compliance Certificate has been issued by the Woodlands Officer
in relation to the work described in the Notice of Intent to Cut.
d)
A Notice of Intent to Cut will not be processed where, in the opinion
of the Woodlands Officer, the Notice of Intent to Cut is incomplete.
The Woodlands Officer shall notify the requester if a file has been
closed for incompleteness.
7.
TREE REMOVAL FOR DRAINAGE WORK
a)
Except for work on municipal drains, any Owner and/or Person
undertaking tree removal for drainage work shall notify the
Woodlands Officer of the proposed removal.
b)
Any Owner or Person intending to destroy or injure trees for
drainage purposes must comply with the following:
i)
Tile drainage work through or adjacent to Woodlands must
use closed tile construction, and any resulting openings in
the Woodland must not exceed the greater of ten metres
(10m) canopy-to-canopy or fifteen metres (15m) stem-to-
stem, and
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.
8.
APPLICATION FOR COUNCIL EXEMPTION
a)
An Owner may apply to County Council for an exemption to Section
4 of this Woodlands By-law.
b)
To be considered for an exemption to section 4, the Owner must
submit the following to the County Clerk by personal service or
certified mail, at least forty-five (45) days prior to the start of the
proposed destruction or injury:
i)
An Exemption Application in the form of Schedule "G"; and
ii)
Payment of the applicable fee, as set out in By-law #7218 -
Tariff of Fees, as amended or replaced.
c)
Exemption Applications will not be processed where, in the opinion
of the Woodlands Officer, the application is incomplete. An
application will be considered incomplete, including but not limited
to, where:
i)
Information is missing or illegible; or
ii)
The prescribed application fee has not been paid in full.
d)
Where an Exemption Application is deemed incomplete, the
applicant will be notified by the County Clerk that the file has been
closed for incompleteness.
e)
Upon receipt of a completed Exemption Application, the County
Clerk shall set the date, time and location of the Exemption
Application hearing.
f)
By-law #7264 - Rules of Procedure, as amended or replaced, shall
apply to an Exemption Application hearing, except that the
provisions of this section shall prevail to the extent of any conflict.
g)
At least twenty-one (21) days prior to consideration of an
Exemption Application, the County Clerk shall send by regular mail
a Notice of Exemption Application to the applicant and the
assessed owners of each parcel of land abutting the Woodlands for
which an exemption is being sought.
h)
A Notice of Exemption Application shall include:
i)
A reference to the provisions of this by-law under which the
Exemption Application is being considered;
ii)
The date, time and location of the hearing of the Exemption
Application; and
iii)
Any other information the Clerk considers necessary for the
proper conduct of the hearing.
i)
The Woodlands Officer shall erect and display a public notice
regarding the Exemption Application at the entrance of the
adjoining roadway to the land where the exemption is being sought
in a position that is clear and visible to the public at least twenty-
one (21) days prior to consideration of the application by County
Council. The notice shall be in the form of Schedule "H".
j)
The Applicant shall be given the opportunity to make written or oral
submissions at the Exemption Application hearing.
k)
When granting an exemption, County Council may include any
terms or conditions to its approval provided the terms or conditions
are desirable for the appropriate development or use of the land on
which the exemption is sought, and the general purpose and intent
of this Woodlands By-law is maintained.
l)
An Exemption may be granted to the applicant for an initial term of
one (1) year. Upon expiry, such term may be extended by resolution
of Council for an additional term of one (1) year.
m)
Where an exemption is granted, the Owner shall be provided with a
Permit in the form of Schedule "I". The Owner shall ensure that a
copy of the Permit is posted on the land where the destruction or
injury of trees is to occur. The Permit must remain clearly visible for
the duration of the work contemplated in the application.
n)
Where an exemption is denied, the County Clerk shall provide
written notice to the applicant by regular mail or electronic mail.
o)
The decision of County Council under this section is final.
9.
ORDERS TO DISCONTINUE ACTIVITY
a)
Where a Woodlands Officer is satisfied that a contravention of this
Woodlands By-law has occurred, the Woodlands Officer may make
an order requiring the Owner and/or 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 "J".
b)
An order issued under this section may be served personally or
served by sending it by mail to the last known address of;
i)
the Owner of the Woodlands; and
ii)
the Owner or 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 subsection 9(b), it is
deemed sufficient if the Woodlands 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 Owner and/or Person to whom
the Order is directed.
10.
APPEAL OF ORDER
a)
If the Owner or Person to whom the order is directed is not satisfied
with the terms of the Order, they may appeal to County Council by
filing a Notice of Appeal in the form of Schedule "K" by personal
service or certified mail with the County Clerk within thirty (30) days
of the date of the Order.
b)
Upon receipt of a completed Notice of Appeal, the County Clerk
shall set the date, time and location of the Appeal hearing.
c)
By-law #7264 - Rules of Procedure, as amended or replaced, shall
apply to an Appeal hearing, except that the provisions of this
section shall prevail to the extent of any conflict.
d)
At least twenty-one (21) days prior to consideration of an Appeal
under this section, the County Clerk shall send by regular mail a
Notice of Appeal Hearing to the applicant and the assessed owners
of each parcel of land abutting the Woodlands subject to the Order.
e)
A Notice of Appeal Hearing shall include:
i)
A reference to the provisions of this by-law under which the
appeal hearing is being held;
ii)
The date, time, location and format of the appeal hearing;
and
iii)
Any other information the Clerk considers necessary for the
proper conduct of the hearing.
f)
Where an appeal has been filed, Council shall hear the appeal and
have all the powers and functions of the Officer.
g)
The appellant shall be given the opportunity to make written or oral
submissions at the appeal hearing.
h)
After hearing an appeal, County Council may confirm or revoke any
Order issued under this Woodlands By-law or may issue a Permit
with conditions, provided that in the opinion of the Council, the
general intent and purpose of this Woodlands By-law has been
maintained.
i)
The County Clerk shall provide written notice of County Council's
decision to the appellant by regular mail or electronic mail.
j)
The decision of County Council under this section is final.
11.
OFFENCES
A person and/or Owner shall not:
a)
Fail to submit a Notice of Intent to Cut as required under this
Woodlands By-law;
b)
Injure or destroy any trees prior to the issuance of a Compliance
Certificate as required under this Woodlands By-law;
c)
Fail to comply with an Order issued under this Woodlands By-law;
d)
Contravene the terms or conditions of a Permit issued under this
Woodlands By-law;
e)
Remove or deface any Order issued under this Woodlands By-law;
f)
Operate a vehicle, equipment or machinery or conduct their
operations in such a manner or at such a time that results in
excessive damage to the soil, wetlands, natural areas or other
portions of the Woodlands;
g)
Operate a vehicle, machinery or equipment or conduct operations
in a 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;
h)
Fail to comply with any other requirement of this Woodlands By-law
or any condition imposed under this By-law.
12.
PENALTY
a)
Any Person and/or Owner who contravenes any provision of this
Woodlands By-law, or any Order issued under Section 9, is guilty of
an offence and, upon conviction, is liable to a fine of one thousand
dollars ($1,000.00) per tree, up to the maximum limit allowed under
the Municipal Act, as amended or replaced.
b)
If a Person and/or Owner is convicted of an offence for
contravening this Woodlands By-law or an Order issued under
Section 9, the court where the conviction is entered, and any court
of competent jurisdiction thereafter, may order the Person and/or
Owner to take appropriate remedial action, including but not limited
to the rehabilitation of the land or the planting or replanting of trees.
The court may also prohibit the continuation or repetition of the
offence by the convicted Person and/or Owner.
13.
ENFORCEMENT
a)
This Woodlands By-law shall be enforced by a Woodlands Officer
appointed by the County.
b)
The Woodlands Officer may, at any reasonable time, enter and
inspect any land to determine whether this Woodlands By-law, an
Order, or a condition of a permit is being complied with by the
Owner and/or Person responsible for the land or the activities
taking place.
c)
Any Owner or Person who obstructs or interferes with the
Woodlands Officer in the discharge of their duties under this
Woodlands By-law shall be considered in violation of this
Woodlands By-law.
14.
ADMINISTRATION
a)
Sections 1 to 13 above shall form part of this Woodlands By-law.
b)
If any section or sections of this Woodlands 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
Woodlands 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 previous By-law No. 5738 is hereby repealed and replaced by
this Woodlands By-law.
d)
Despite subsection (c) above, By-law No. 5738 of the Corporation
of the County of Middlesex shall continue to apply to proceedings in
respect of offences that occurred before its repeal of any legally
binding contracts proof of which has been received by an Officer.
e)
This Woodlands By-law shall become effective on the day it is
passed in Council, this 14th day of January, 2025.
PASSED IN COUNCIL this 14th day of January, 2025.
_____________________________
Brian Ropp, Warden
_____________________________
Marci Ivanic, County Clerk
Original Signed
Original Signed
SCHEDULE "A"
CIRCUMFERENCE LIMITS BY TREE SPECIES
SPECIES A
ASH
- White (Fraxinus americana)
MAPLE
-Sugar (Acer saccharum)
- Black (Acer nigrum)
- Red (Acer rubrum)
- Silver (Acer saccharinum)
- Freeman (Acer freemanii)
OAK
- Red (Quercus rubra)
- Black (Quercus velutina)
- White (Quercus alba)
- Swamp White (Quercus bicolour)
- Bur (Quercus macrocarpa)
TULIP - (Liriodendron tulipifera)
WALNUT - Black (Juglans nigra)
SPECIES A MEASUREMENTS
Point of Measurement
Circumference
Diameter
31 cm (12 in)
175 cm (69 in)
56 cm (22 in)
20 cm (8 in)
191 cm (75 in)
61 cm (24 in)
10 cm (4 in)
224 cm (88 in)
71 cm (28 in)
SPECIES B
ASH- Green/Red (Fraxinus pennsylvanica)
BASSWOOD - (Tilia americana)
BEECH - American (Fagus grandifolia)
CHERRY - Black (Prunus serotina)
HACKBERRY - (Celtis occidentalis)
HEMLOCK - Eastern (Tsuga canadensis)
PINE - White (Pinus strobus)
SPECIES B MEASUREMENTS
Point of Measurement
Circumference
Diameter
31 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)
*NOTE: Please refer to Species at Risk Act at www.sararegistry.gc.ca and Species at risk
in Ontario (SARO) at www.ontario.ca for more information.
SPECIES C
BIRCH
-Yellow (Betula alleghaniensis)
ELM
-White (Ulmus americana)
-Rock (Ulmus thomasii)
-Red (Ulmus rubra)
HICKORY -Shagbark (Carya ovata)
-Bitternut (Carya cordiformis)
LARCH
- (Larix decidua)
POPLAR -Balsam (Populus balsamifera)
-Eastern Cottonwood
(Populus deltoides)
SYCAMORE - (Platanus occidentalis)
SPECIES C MEASUREMENTS
Point of Measurement
Circumference
Diameter
31 cm (12 in)
145 cm (57 in)
46 cm (18 in)
20 cm (8 in)
160 cm (63 in)
51 cm (20 in)
10 cm (4 in)
191 cm (75 in)
61 cm (22 in)
SPECIES D
BIRCH
- White (Betula papyrifera)
CEDAR
- White (Thuja occidentalis)
POPLAR - Largetooth Aspen (Populus grandidentata)
- Trembling Aspen (Populus tremuloides)
Point of Measurement
Circumference
Diameter
31 cm (12 in)
79 cm (31 in)
25 cm (10 in)
20 cm (8 in)
97 cm (38 in)
31 cm (12 in)
10 cm (4 in)
127 cm (50 in)
41 cm (16 in)
RARE SPECIES (2024 data) - the following species should be avoided during tree removal
operations:
Black/ Blue Ash
Shumard Oak
Black Gum
Cucumber Tree
Tamarack
American chestnut
Shellbark Hickory
Pawpaw
Chinquapin Oak
Pignut Hickory
Balsam Fir
Kentucky Coffee Tree
Butternut
Dwarf Hackberry
Cherry birch
Pumpkin Ash
Eastern flowering dogwood
Red mulberry
SCHEDULE "B"
BASAL AREA CALCULATION AND ASSESSMENT
1. Point Sampling is defined as a method of selecting trees for measurement and for estimating stand
basal area using tree size rather than frequency as the main parameter. Trees are tallied at a
sample location or point sample, with the selection probability being proportional to the basal area
of the trees. In point sampling, a 360-degree sweep is made with an angle gauge about a fixed
point, and the stems whose breast height diameter appear larger than the fixed angle subtended
by the angle gauge are included in the sample. Point samples will be taken using a factor 2 prism.
2. Basal Area will be assessed every 30 metres along a fixed compass bearing through a forest stand
in which harvesting has occurred. The first point sample will be placed 60 metres from the dripline
of the woodland. No less than 3 point samples will be taken along a compass bearing through a
forest stand. If the average basal area/hectare is found to be below the requirements of the by-law,
then a second compass line will be established from the mid-point of the 1st compass line and will
run in a direction 90 degrees from the compass bearing from the 1st line.
See sample illustration below:
Line 1
Line 2
The following format will be used in calculating average basal area per hectare:
Stations Tallied
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Plot #
Small
26-40 cm
Medium
42-48 cm
Large
50-60 cm
X-Large
62+ cm
Total
All Sizes
Total
**
AGS
UGS
AGS
UGS
AGS
UGS
AGS
UGS
AGS
UGS
# of
trees
**Total Trees ( ) x Basal Area Factor ( ) = ( ) Actual BA/Ha
Number of Stations Sampled ( )
Basal Area Calculation and Assessment
To assess tree infractions, a minimum of one (1) plot per hectare will be established for areas up to 10
hectares (25 acres), and one (1) plot for every additional five (5) hectares (12 acres). Plots will be
placed 80 metres (262 ft.) apart and 40 metres (131 ft.) from stand edges.
In cases where the maximum DBH encounters is less than 60 cm, the plot distance may be 60 metres
(197 ft.) and 30 metres (98 ft.) from stand edges.
In any case, sampling is to be done by a method customarily used in forestry practice.
SCHEDULE "C"
NOTICE OF INTENT - GOOD FORESTRY PRACTICE
PLEASE PRINT CLEARLY USING BLACK INK
The completed Notice of Intent must be received by the County Clerks office via email or mail to [email protected] or
399 Ridout Street North, London, ON N6A2P1. All Sections must be completed fully. Failure to do so will render this Notice
of Intent null and void, and it will be returned to the applicant for completion. This Notice of Intent is valid for one (1)
year from the date of submission.
Property Owner: Surname:
Given Name:
Address:
Postal Code:
Telephone Number: (
)
Email Address
(Required for approval communication)
Forest Location: Lot
Concession
Municipality
Forest 911
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:
Email:
(Required for approval communication)
Telephone Number:
Qualifications:
Date Prescription Prepared:
Check if the area has been inspected since tree marking.
TREE MARKER INFORMATION
Trees Marked By:
Mailing Address:
Email:
(Required for approval communication)
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:
Email:
(Required for approval communication)
Address:
Postal Code:
Telephone Number:
Person in charge of Harvesting Trees:
Estimated Starting Date:
Person in charge of harvesting trees is required to
provide 24 hours verbal, fax or email confirmation to
the Woodland Conservation Officer
prior to start date.
INDICATE NORTH
-
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.
Conservation Land Tax Incentive Program
Managed Forest Tax Incentive Program
Please indicate if the property enrolled in:
Please attach property map from County website found here: (www.middlesex.ca)
Basal Area - Distribution of Cut (Complete below or attach a forest operations silvicultural prescription)
Prism Tally:
m2 / ha
Basal Area Factor:
Tree
Size
(cm)
Actual BA (m2/ha)
BA to Cut (m2/ha)
Actual Residual BA (m2/ha)
Ideal BA
AGS
UGS
Total
AGS
UGS
Total
AGS
UGS
Total
10 - 24
4
26-40
5
42-48
5
50-60
4
62 +
2
Total
20
(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 the Woodlands Conservation By-law as
amended of the Corporation of the County of Middlesex 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 Woodland Conservation Officer 14 days prior to commencing harvesting of trees.
Signature of Prescription Writer
Date
Signature of Tree Marker (if applicable)
Date
Signature of Landowner
Date
Signature of Contractor (if applicable)
Date
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
I UNDERSTAND THAT UNDER THE AUTHORITY OF THIS BY-LAW AND THE MUNICIPAL ACT, R.S.O. 2001,
SCHEDULE "D"
NOTICE OF INTENT - CIRCUMFERENCE LIMIT
PURSUANT TO WOODLANDS BY-LAW NO. 7314
Completed Notice of Intent: Submit via email or mail to the attention of the County Clerk at
[email protected] or 399 Ridout Street North, London, ON N6A2P1 (Tel: 519-434-7321)
Submission Deadline: AT LEAST 14 DAYS PRIOR TO THE PROPOSED COMMENCEMENT OF THE
DESTRUCTION OR INJURY OF TREES.
Circumference Limit Harvest - refer to Schedule "B". Residual Basal Area (BA) - 14 m2/ha - trees
greater than 24 cm. Residual BA must meet or exceed 14m2/ha after harvest, using the assessment
format defined in Schedule "B".
Please Print - All sections must be completed on this Notice. Failure to do so will render this Notice of
Intent null and void, and it will be returned to the applicant.
Property Owner (Name):
Address:
City/Town:
Postal Code: ___________________ Tel:
E-mail:
(Required for approval communication)
Contractor Name:
Address:
City/Town:
Postal Code: ____________________ Tel:
E-mail:
(Required for approval communication)
On-Site Person in Charge of the Harvest of Trees:
Name:
Expected Starting Date:
Location of Woodlot: Lot
Con.
Municipality Woodlot is in:
Woodlot 911 Address:
Woodlot Roll Number:
Reason for Removal: Commercial Timber Harvest
Stand Improvement
Firewood Removal
Other
Approximate Size of Woodland: _______________________________________
Area of Harvest: Please attach property map from County website found here: (www.middlesex.ca)
SCHEDULE "D"
NOTICE OF INTENT - CIRCUMFERENCE LIMIT
Trees Marked by:
Mailing Address:
Tel. _________________________ E-mail
(required)
Qualifications:
Responsibility Notice:
It is the responsibility of the Owner, Person, or authorized agent to mark all trees to be harvested with
paint on two sides. This Notice of Intent will become null and void if harvesting does not occur within
twelve (12) months of receipt. A copy of this Notice must be on site at all times and in possession of the
person in charge of cutting.
TREE HARVEST SUMMARY
Tree Species
Count
Volumes
Please submit a printed map from County
website www.middlesex.ca
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 Middlesex County
Woodlands Conservation By-Law No. (7314), 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 Forestry Officer (519-434-7321 ext. 2253) 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
SCHEDULE "E"
NOTICE OF INTENT - PERSONAL USE
PURSUANT TO WOODLANDS BY-LAW NO. 7314
Completed Notice of Intent: Submit via email or mail to the attention of the County Clerk at
[email protected] or 399 Ridout Street North, London, ON N6A2P1 (Tel: 519-434-7321)
Submission Deadline: AT LEAST 14 DAYS PRIOR TO THE PROPOSED COMMENCEMENT OF THE
DESTRUCTION OR INJURY OF TREES.
Personal Use Harvest - refer to Schedule "A". Residual Basal Area (BA) - 14 m2/ha - trees greater than
24 cm. Residual BA must meet or exceed 14m2/ha after harvest, using the assessment format defined in
Schedule "A". The harvest shall not reduce the number of trees per hectare below the minimum required
to be considered woodland.
PLEASE PRINT - All sections must be completed on this Notice. Failure to do so will render this Notice
of Intent null and void, and it will be returned to the applicant.
Property Owner (Name):
Address:
City/Town:
Postal Code: ___________________ Tel:
E-mail:
(Required for approval communication)
Contractor Name:
Address:
City/Town:
Postal Code: ____________________ Tel:
E-mail:
(Required for approval communication)
On-Site Person in Charge of the Harvest of Trees:
Name:
Expected Starting Date:
Location of Woodlot: Lot
Con.
Municipality Woodlot is in:
Woodlot 911 Address:
Woodlot Roll Number:
Reason for Removal:
Firewood Removal
Personal Use
SCHEDULE "E"
NOTICE OF INTENT - PERSONAL USE
Approximate Size of Woodland:
Area of Harvest: Please attach property map from County website found here: (www.middlesex.ca)
Trees Marked by:
Mailing Address:
Tel. _________________________ E-mail
Qualifications if applicable:
Responsibility Notice:
It is the responsibility of the Owner, Person, or authorized agent to mark all trees to be harvested with
paint on two sides. This Notice of Intent will become null and void if harvesting does not occur within
twelve (12) months of receipt. A copy of this Notice must be on site at all times and in possession of the
person in charge of cutting.
TREE HARVEST SUMMARY
Tree Species
Count
Volumes
Please submit a printed map from County
website www.middlesex.ca
Total Trees
I agree that all tree cutting operations will be in accordance with the provisions of Middlesex County
Woodlands Conservation By-Law No. 7314, 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 Forestry Officer (519-434-7321 ext. 2253) 24 hours prior to commencing
cutting of trees set out in this notice.
Dated at
this
day of
, 20
.
Signature of Property Owner or Authorized Agent
Schedule "F"
NOTICE OF TREE HARVEST
DO NOT ENTER during harvest for your own safety.
This notice does not grant unrestricted access.
Permission to enter these lands must be obtained from the landowner.
Contractor:
Phone:
Owner:
Timber Harvest Date:
Timber Marked By:
Phone Number of Marker:
This notice is posted under the authority of the County of Middlesex
Woodlands Conservation By-Law, as amended or replaced.
This notice is to be posted before the commencement of the
harvest and remain in place for no less than ten (10) days after the
harvest is completed. Failure to post or early removal of this notice
constitutes a chargeable offence.
If you should have any questions or concerns regarding this timber
harvest, please contact:
County of Middlesex Forestry Officer at 519-434-7321 x 2253
SCHEDULE "G"
COUNCIL EXEMPTION FOR WOODLAND CLEARING PERMIT
PURSUANT TO WOODLANDS CONSERVATION BY-LAW NO. 7314
Name(s) of Owner:
Address:
Postal Code: Telephone: __________
Or:
E-mail:
(Required for approval communication)
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 you
purchased it. __________________________________________________________________
Property / Forest Description
This application is requesting a Permit to remove the following (please indicate)
Total Area: ____________________Hectares ________________ Acres __________________
Total Woodland Hectares (Acres) on the Property:
Hectares
Acres
Tree species to be destroyed on the described land:
This Permit 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 many acres ______ hectares _____ you are willing to replant? Total area ___________
Please include a map of the proposed area you are requesting to be removed and the replanting area.
Map is included. Yes __________ (please use https://www.middlesex.ca/departments/mapping)
If the applicant cannot replant in lieu of destruction is the applicant willing to make payment in lieu of
destruction? Yes _____
Has the owner previously made an application for and been granted permission to destroy or injure trees?
Yes ______
No ______
Please return this application with a cheque made payable to the Corporation of the County
of Middlesex in the amount specified per the County's By-law to Prescribe a Tariff of Fees, as
amended or replaced, to the County Clerk's Office, 399 Ridout Street North, London, Ontario.
N6A 2P1.
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.
SCHEDULE "G"
COUNCIL EXEMPTION FOR WOODLAND CLEARING PERMIT
Woodland Clearing Permit Requirements / Information
I.
A Council Exemption (Woodland Clearing Permit) application must be completed in full to be
processed. An application for an area greater than one (1) hectare (2.5 acres) must be accompanied
by an Environmental Impact Study.
II.
When an Owner or authorized agent inquires about the Woodlands By-law, it shall be standard practice
for the Officer to inspect the property to determine whether an application for a Council Exemption is
necessary. Notice of this permit application shall be sent by regular mail to all landowners whose
lands abut the land outlined in the application. Landowners separated by a public road allowance
shall also be considered abutting landowners. The application may also be circulated to relevant
government agencies for review and comments (i.e., Conservation Authorities, Ministry of Natural
Resources, Ministry of Agriculture & Food, and local Municipalities).
III.
Any person applying 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. This notice must be placed in a position that is clear and
visible to all persons, and follow the format provided in Schedule "H".
IV.
The hearing for the application shall not be scheduled less than twenty-one (21) Business Days from
receipt of the completed application.
V.
If the application is approved, an on-site inspection will be conducted, and the perimeter of the forest
cover that will remain will be marked with paint or another clear indicator to denote the extent of the
approved Permit area. Any trees destroyed outside the approved area will be considered a violation
under the Woodland By-law.
Declaration
I,
of the
in the County
of Middlesex, solemnly declare that:
All the above statements, and the statements contained in all accompanying exhibits, are true.
I make this solemn declaration conscientiously, believing it to be true and knowing that it
carries 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
A Commissioner etc.
Note 1: If signed by an agent, written authorization from 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 map showing the parcel of land that is the subject of the
application, including the boundaries and dimensions of the total holdings. The map must also indicate the
size and area of the trees to be removed, portions of the woodland to be retained, and the location of the
property in relation to abutting properties, specifying their land use (e.g., residential, agricultural, cottage,
commercial, etc.)
SCHEDULE "H"
PUBLIC NOTICE
Woodlands Conservation By-law
This posted notice does not grant unrestricted access. Interested parties must obtain
permission from the landowner to enter these forested lands.
AN APPLICATION FOR AN EXEMPTION TO THE WOODLANDS BY-LAW HAS
BEEN SUBMITTED TO 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 Middlesex 399 Ridout St, N. London, ON N6A 2P1
This Notice is posted under the authority of Middlesex County Woodlands Conservation By-law
No. 7314.
This Notice is to remain posted no less than ten (10) Business Days prior to consideration of
this application.
Further Information or written notice please contact the County of Middlesex Conservation
Officer. Tel. 519-434-7321 Ext: 2253 or [email protected]
County of Middlesex
399 Ridout Street North
London, ON N6A 2P1
(519) 434-7321 (fax) 434-0638
If you have any questions or concerns, please contact the
Middlesex County Woodlands Officer at 519-434-7321 x2253.
SCHEDULE "I"
WOODLAND CLEARING PERMIT
Permission is hereby granted by the Council of the Corporation of
the County of Middlesex to destroy trees under the direction of the
Woodland Conservation Officer, as outlined below:
REFERENCE APPLICATION:
ISSUED TO:
LOT:
CONCESSION:
MUNICIPALITY:
DATE OF ISSUE:
DATE OF EXPIRY:
BY: MIDDLESEX COUNTY COUNCIL
PER:
Name
Director of Planning and Development
The Corporation of the County of Middlesex
It is an offence to remove or deface any Order issued under this Woodlands By-law.
SCHEDULE "J"
STOP WORK ORDER
YOU ARE HEREBY DIRECTED AND ORDERED to immediately stop, halt,
cease, and desist from any and all activities associated with the destruction
or removal of trees from the following lands:
MUNICIPAL ADDRESS/LEGAL DESCRIPTION
Lot:
Part Lot:
Concession:
Municipality:
Owner of Property:
Individual responsible for destruction or injury of trees:
Description of Infraction:
1. Failure to apply for a Council exemption for the purpose of tree clearing under Schedule "G" of the
Woodlands By-law.
2. Destruction and injury of trees in contravention of the Woodland By-law 7314.
3. Destruction and injury of trees without the use of Good Forestry Practice as prescribed by a
Registered Professional Forester in good standing with the Ontario Professional Foresters
Association or an associate member in good standing of the Ontario Professional Foresters
Association.
4. Acting on behalf of an owner and failing to submit a Notice of Intent, where every owner of Woodlands
or person acting on behalf of the owner who intends to destroy or injure trees personally or through
another person must submit a Notice of Intent, contrary to section 6 of the Woodlands By-law 7314.
5. Operating a vehicle, equipment, or machinery, or conduct operations in a manner or at a time that
results in excessive damage to soil, wetlands, natural areas, or other portions of the woodlands.
Date of Inspection:
Effective Order Date: DATE OF INSPECTION
To:
6 MONTHS AFTER DATE OF INSPECTION
Signature of Officer:
Date:
Pursuant to Middlesex County Woodlands Conservation By-law, Section 10(a), subsection (e), if the person to
whom the Order is directed has been served in accordance with this Woodlands By-law and is not satisfied with
the terms of the Order, they may appeal to County Council by filing a Notice of Appeal through personal service
or certified mail to the County Clerk within thirty (30) days of the date of the Order.
County of Middlesex
399 Ridout Street North
London, ON N6A 2P1
(519) 434-7321 (fax) 434-0638
SCHEDULE "K"
NOTICE OF APPEAL
PURSUANT TO WOODLANDS CONSERVATION BY-LAW NO. 7314
Date the Stop Work Order was Issued:
Name(s) of Owner:
Address:
Postal Code:
Telephone:
Email:
Reason for Appeal of Stop Work Order
Signature of Owner or Authorized Agent
Date