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THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
BY-LAW NUMBER 2022-107
Amended by By-law 2023-087
Amended by By-law 2024-133
Amended by By-law 2025-031
A By-law of The Corporation of the Township of Muskoka Lakes to
conserve, prohibit, protect, restrict, and regulate the possible
harvesting, removal, injuring, damaging and destruction of trees on
(private) property in the Township of Muskoka Lakes.
WHEREAS, Section 135 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
permits the enactment of a By-law by the Council of The Corporation of the Township of
Muskoka Lakes to prohibit and regulate the destruction or injuring of trees by cutting,
burning or other means;
AND WHEREAS, pursuant to Section 135(7) of the Municipal Act, a municipality may
require that a permit be obtained for the injuring or destruction of trees or any class of
trees specified in the By-law and impose conditions including those relating to the
manner in which destruction occurs and the qualification of persons authorized to
destroy or injure trees;
AND WHEREAS, the Council of The Corporation of the Township of Muskoka Lakes
deems it desirable in the public interest to enact a Tree Conservation By-law for the
purposes of:
(i)
Protecting vegetation in Shoreline Vegetative Buffers for the purpose of
habitat protection, water quality, ensuring natural form dominates the
shoreline, aesthetics, and implementing the District of Muskoka Lake
System Health Program;
(ii)
Protecting and conserving vegetation in Environmental Protection Areas;
(iii)
Retention of tree cover in Scenic Areas and Scenic Corridors;
(iv)
Minimizing the destruction or injuring of trees;
(v)
Regulating and controlling the removal, maintenance and protection of
trees;
(vi)
Protecting, promoting and enhancing the aesthetic values of land;
(vii)
Sustaining a healthy natural environment;
(viii)
Protecting significant and sensitive natural areas to ensure maximum
environmental benefits of trees in both urban and rural settings;
(ix)
Contributing to human health and quality of life through the maintenance
of tree cover.
NOW THEREFORE, the Council of The Corporation of the Township of Muskoka Lakes
enacts as follows:
In this By-law words used in the present tense include the future, words in the
masculine gender include the feminine and neutral; the singular number includes the
plural, and the plural includes the singular.
1.0
DEFINITIONS
For the purpose of this By-law, the following definitions shall apply:
Amended by By-law 2023-087
Amended by Bv-law 2024-133
Amended by By-law 2025-031
"Agreement" means any Agreement made between the Township and a property
Owner such as but not limited to a Consent Agreement, Site Plan Agreement or
License Agreement;
"Appeals Committee" means the Appeal Committee established pursuant to By-law
2025-007, as may be amended, established for the purposes of considering and deciding
upon appeals;
"Applicant" means the Person who submits an application for a Permit under this By-
law;
"Arborist" means an individual who is certified with the Ministry of Labour, Training and
Skills Development and is at least one of the following:
(a) certified or qualified by the International Society of Arboriculture;
(b) a consulting Arborist registered with the American Society of Consulting
Arborists;
(c) registered professional forester;
(d) a Person with other similar qualifications and/or sufficient relevant experience
as accepted by the Township;
"Arborists Report" means a report prepared and signed by an Arborist, which
includes details on the species, size, health, and location of a Tree to be destroyed,
Injured or Removed, and an assessment of the structural integrity of the subject Tree
using the "Tree Risk Assessment, Best Management Practices", Companion publication
to ANSI 300 part 9, standard practices, ISA, as may be amended or replaced;
"Breast Height" refers to a point of measurement 1.37 metres (4.5 feet) above the
highest point on the Tree where the ground meets the trunk;
"Building Permit" means a Building Permit issued under the Building Code Act,
1992, S.O. 1992, c. 23, as amended;
"Clerk" means the Clerk of Township;
"Council" mean the Council of The Township;
"Crown" means the upper part of a Tree, which includes the branches and leaves;
"Destroy" means the Removal of a Tree or harm resulting in the death, ruin, or
Removal of a Tree by cutting, burning, uprooting, chemical application or other means
including irreversible injury that may result from neglect, accident or design and the term
"destruction" shall have a corresponding meaning;
"Diameter" means the Diameter of the stem of a Tree measured outside the bark at a
specified point of measurement;
"Director" means the Director of Development Services and Environmental
Sustainability for the Township or his or her designate provided such designate is an
Officer appointed under this By-law;
"DBH" is also known as "Diameter at Breast Height" and refers to the Diameter of the
stem of a Tree measured at a point 1.37 m (4.5 ft) above the highest point on the Tree
from where the ground meets the trunk;
"Drip Line" means the vertical projection of the outermost edge of a Tree's Crown;
"Driveway" means the ingress and egress lane or lanes that are connected to a
highway that lead to a building with habitable floor area or a garage but does not include
a Parking Area;
"Financial Assurance" means a commitment of funds submitted to the Township by
an Owner or applicant that are sufficient to cover amount to equal the cost completing
any requirements of the Township;
"Gazebo" means the current definition within the Township of Muskoka Lakes
Comprehensive Zoning By-law or its successor;
"Injure" means to harm, damage or impair a Tree and includes, but is not limited to,
harm, damage or impairment caused by changing grades around a Tree, compacting
soil over root areas, severing roots, improper application of chemicals, improper pruning
or the Removal of branches and bark and the term "injury" shall have corresponding
meaning;
"Minor Maintenance" means the pruning, Removal or destruction of Trees on a
property of a minor nature that is intended to improve the health of vegetation on the
property but does not include any work related to property development or work
completed in order to erect a building, a septic area, patio or Walkway;
"Major Damage" to a Tree means any one of:
(i)
a wound greater than the square of the DBH of the Tree (for example, a
wound with an area of 100 square centimeters is Major Damage to a Tree
with a DBH of 10 cm),
(ii)
any wound greater than 1000 square centimeters,
(iii)
if the wound in paragraph (i) or (ii) contacts the ground then the wound shall
be considered Major Damage if it is 60% of the size specified in paragraph (i)
or (ii) respectively,
(iv)
broken branches destroying more than 30% of the Crown,
(v)
the exposure, severing or compaction of more than 25% of the root area,
(vi)
the breaking off of any Tree,
(vii)
the noticeable tipping of any Trees,
(viii)
a cut greater than 1/3rd of the DBH or a cut with a depth of 1/10th of the
DBH;
"Officer" means any Person designated by this or any other By-law of the Township
to issue Permits and impose conditions and to enforce the Permits;
"Order" means a mandatory requirement for action within a specified time period
specifically issued by an Officer or other authorized personnel to address issues of non-
compliance with any section of this by-law or the conditions of a Permit which includes a
Stop Work Order or an Order to Remedy;
"Owner" means the registered Owner(s) of the property;
"Patio" means a non-roofed outdoor area designed for lounging, sunbathing, eating,
and similar uses;
"Parking Area" means the use of an area of land, building or structure associated with
the principal use of the same lot for the parking of motor vehicles and does not include
the ingress or egress lane(s) of a Driveway;
"Permit" means the authorization from the Director or his or her designate provided
such designate is an Officer, to Injure or Destroy Trees pursuant to this By-law;
"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;
"Professional" means a Person, who in the opinion of the Township, has experience
and training in the pertinent discipline, and who is a qualified expert with expertise
appropriate for the relevant critical area or subject;
"Pumphouse" means the current definition within the Township of Muskoka Lakes
Comprehensive Zoning By-law or its successor;
"Remove, Removes or Removal" means to move from a place or position occupied;
or
(i)
To transfer or convey from one place to another; or
(ii)
To take off; or
(iii)
To take away; withdraw; or
(iv)
To do away with; eliminate.
"Sauna" means a small room or small building that is heated to a high temperature
usually with steam in which people sit in order to clean or refresh their body;
"Scenic Corridor" or "Scenic Area" means lands so designated by the Zoning By-
Law and having the suffix "-s";
"Shoreline Vegetative Buffer" means the natural area maintained in its
predevelopment state:
(i)
50 feet wide abutting and running parallel to the high water mark of a
navigable waterway for those lands designated as Waterfront in the
Township Official Plan,
(ii)
25 feet wide abutting and running parallel to the high water mark of a
navigable waterway for those lands designated as Urban Centres or
Communities in the Township Official Plan.
"Site" means the area of land containing any Tree(s) proposed to be Injured;
"Temporary Access Road" means a temporary road that has been constructed for the
purpose of gaining temporary access to a water access only property in order to allow
for construction vehicles or other machinery to safely maneuver a property;
"Township" and "Township of Muskoka Lakes" means The Corporation of the
Township of Muskoka Lakes;
"Tree" means a plant of any species of woody perennial plant including its root system
which has reached or can reach a height of at least 4.5 m (15 ft) at physiological
maturity;
"Tree Protection Plan" means a plan that includes the prescribed information as set
out in Schedule "B" of this By-law and is completed by an Arborist;
"Tree Protection Zone" means the minimum required setback distance to protect a
Tree from any activity during the construction process that may result in injury or harm,
and is based on generally accepted arboriculture principles;
"Walkway" means a passage or pathway for walking along which connects different
areas of a property;
"Zoning By-law" means the By-law regulating land use as provided for under the
Planning Act within the Township;
2.0
LAND SUBJECT TO THIS BY-LAW
2.1
This By-law applies to the following lands within the Township:
(a) All lands within 91.4m (300 ft.) of a navigable waterway in the Waterfront as
designated in the Official Plan;
(b) All lands within 60.9m (200 ft.) of a navigable waterway in the Urban Centre or
Community designation in the Official Plan;
(c) All lands zoned Environmental Protection (EP1 and EP1-PSW) in the Township
Comprehensive Zoning By-law;
(d) All lands zoned Scenic Corridor in the Township Comprehensive Zoning By-
law; and
(e) All lands on an island within the Township of Muskoka Lakes beyond those
areas included within Section 2.1 (a) to (d), except in the case of Tobin Island,
Acton Island, Tondern Island, Royal Muskoka Island, and Bala Park Island.
3.0
EXEMPTIONS
3.1
The provisions of this By-law do not apply to:
(a) Trees Injured or removed by or with the permission of the Township of
Muskoka Lakes that are situated on lands owned or controlled by it;
(b) The Removal of damaged or destroyed Trees in the interests of public safety,
health and general welfare following any man-made or natural disasters, storms,
high winds, floods, fires, snowfalls, freezes, or as a result of insects, disease or
wildlife;
(c) Activities or matters undertaken by the Township, District of Muskoka or a local
board of the Township;
(d) Activities or matters undertaken by the provincial government or federal
government or their authorized agents;
(e) The destruction or injury of Trees required in the exercise of the rights or powers
of a hydroelectric corporation or any public utility board or commission;
(f) Activities or matters authorized under the Crown Forest Sustainability Act, S.O.
1994;
(g) Trees cut by a Person licensed under the Surveyor's Act, R.S.O 1990, c. S.29 to
engage in the practice of cadastral surveying or any Person in his or her employ
while making a survey;
(h) Trees that are part of plantations for the purposes of an orchard, nursery, or
Christmas Tree farm;
(i) Trees measuring less than 25 mm (1 inch) DBH;
3.2
The following are exempt from the requirements of this By-law provided that all
relevant conditions are met:
(a) The Removal of diseased Trees or stumps, in accordance with good forestry
practice where one of the following are provided and approved by the Director or
their designate before the Removal of any Tree takes place:
(i)
An Arborists Report satisfactorily confirming the Tree is diseased and
providing rationale for why it should be removed. This report shall be
available upon request of the Director, Officer or their designate; or
(ii)
By providing clear, concise and satisfactory evidence of disease through
photographic evidence, Site investigation or other sufficient means that is
approved by an Officer or the Director.
(b) The Removal of dead, dangerous or severely Injured Trees or stumps, in
accordance with good forestry practice;
(c) The pruning of Tree branches in accordance with good arboricultural practice to
maintain, improve, or protect Tree health and surrounding forest health while
maintaining the Trees natural shape;
(d) The injuring or Removal of Trees that is required in order to erect any building,
structure, septic system or thing in respect of which a building or septic permit is
issued or that complies with the Comprehensive Zoning By-law of the
Township of Muskoka Lakes and has taken into consideration the protection of
Trees surrounding the structure or work within the building envelope, provided
that no Tree is removed or Injured that is located more than 4.5 m (15 ft.) from
the outer edge of the building, structure, septic system, or thing;
(e) The injuring or Removal of Trees that is required to erect any building, structure,
septic system or thing permitted as a variance or an exemption to the front yard
setback or setback from the high water mark in the Comprehensive Zoning By-
law provided that no Tree is removed or Injured that is located more than 3m
(10 ft) from the outer edge of the building, structure, septic system or thing. The
ability to Injure or remove Trees 3m (10 ft) from the outer edge of the envelope
does not apply to the installation of Patios, Walkways and stairways;
(f) The injuring or destruction of Trees as a condition of the approval of a site plan,
a plan of subdivision or a consent under section 41, 51 or 53 of the Planning Act
or as a requirement of a Site Plan Agreement or subdivision Agreement entered
into under those sections;
(g) The injuring or destruction of Trees imposed as a condition to a development
permit authorized by regulation made under section 70.2 of the Planning Act or
as a requirement of an Agreement entered into under the regulation;
(h) 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
constructing and maintaining a transmission system or a distribution system, as
those terms are defined in that section;
(i) 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;
(j) 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.
(k) The injuring or destruction of Trees for the purpose of one Temporary Access
Road no wider than 4.5m (15 ft.) on properties only accessible by water.
(l) The injuring or removing of Trees necessary for the installation of a Driveway
upon obtaining any necessary entrance Permit from the Township Of Muskoka
Lakes, District of Muskoka, Ministry of Transportation or other relevant authority,
and subject to the following conditions:
(i)
The Driveway is compliant with the current version of the Comprehensive
Zoning By-law of the Township of Muskoka Lakes.
(m)The injuring or Removal of Trees for the purpose of creating a Patio on a
property that contains less than 91.4 m (300 feet) of assessed lot frontage
abutting a navigable waterway and that does not contain a Gazebo, Sauna or
Pumphouse located within 20.1 m (66 ft.) of the high water mark, if such injuring
or Removal of Trees:
(i)
occurs in a contiguous area of not more than 18.5 sq. m. (200 sq. ft.); and
(ii)
occurs within an area located between 4.5 m (15 ft.) and 15.2 m (50 ft.) of
the high water mark.
(n)The injuring or Removal of Trees for the purpose of creating a Patio on a
property that contains greater than 91.4 m (300 feet) of assessed lot frontage
abutting a navigable waterway and that does not contain more than one building
or structure that is a Gazebo, Sauna or Pumphouse located within 20.1 m (66
ft.) of the high water mark, if such injuring or Removal of Trees:
(i)
occurs in a contiguous area of not more than 18.5 sq. m. (200 sq. ft.); and
(ii)
occurs within an area located between 4.5 m (15 ft.) and 15.2 m (50 ft.) of
the high water mark.
.
(o) The injuring or Removal of Trees for the purpose of creating a Patio on a
property that contains greater than 91.4 m (300 feet) of assessed lot frontage
abutting a navigable waterway and that does not contain a Gazebo, Sauna or
Pumphouse located within 20.1 m (66 ft.) of the high water mark, if such injuring
or Removal of Trees:
(i)
occurs in a contiguous area of not more than 27.8 sq. m. (300 sq. ft.); and
(ii)
occurs within an area located between 4.5 m (15 ft.) and 15.2 m (50 ft.) of
the high water mark.
4.0
GENERAL PROVISIONS AND REGULATIONS
4.1
No Person shall cause or permit the injury or destruction of a Tree:
(a)
within 15 m (50 ft) of a navigable waterway for those lands designated as
Waterfront, Urban Centre or Community; or
(b)
within an area zoned Environmental Protection (EP1 and EP1-PSW),
except in conjunction with the permitted uses of and in compliance with
the Zoning By-law; or
(c)
in an area zoned Scenic Corridor or Scenic Area in the Township's
Comprehensive Zoning By-law within a distance of 30.4m (100ft.) from
the lot line abutting the scenic corridor;
Unless such injury or destruction of a Tree occurs in accordance with an
applicable section as set out in Section 3.2.
4.2
No Person shall cause or permit the injury or destruction of a Tree:
(a)
in any area between 15m (50ft.) and 91.4m (300ft.) of a navigable
waterway in the Waterfront designation; or
(b)
in any area between 15 m (50 ft.) and 60.9m (200ft.) of a navigable
waterway in an Urban Centre or Community designation; or
(c)
in any area beyond 15m (50ft.) of a navigable waterway on lands defined
in Section 2.1 (e);
Without first obtaining a Permit unless such injury or destruction of a tree occurs
in accordance with an applicable exemption set out in Section 3.2.
4.3
Despite Sections 3.2 (d) and (e) of this By-law, no Person shall cause or permit
the injury or destruction of a Tree in order to erect a building, structure or thing
for an occasional or special event as permitted by the Comprehensive Zoning
By-law;
4.4
No Person shall fail to re-vegetate or re-naturalize a Temporary Access Road
upon completion of a Building Permit or septic Permit;
4.5
"No Person shall fail to comply with an Order issued under this By-law or an
Order issued by the court under Section 431 of the Municipal Act pursuant to this
By-law;"
4.6
No Person shall pull down, Remove or deface an Order posted under this By-
law;
4.7
No Person shall fail to produce or post Permit as required under this by-law
4.8
Sufficient erosion and sedimentation control measures, such as a sedimentation
fence, shall be provided around any area that may be disturbed in a manner
satisfactory to the Director or an Officer prior to the commencement of any
injury or destruction of Trees in relation to any property development but does
not include Minor Maintenance of a property, and shall be maintained in good
working order until the Site has been stabilized and operations completed;
4.10 No Person shall fail to erect an adequately installed sedimentation fence before
the commencement of any injury or destruction of Trees in relation to property
development or construction of a building, structure, septic area or Patio;
4.11 No Person shall fail to adequately maintain a sedimentation fence during any
injury or destruction of Trees or construction of a building, structure, septic area
or Patio;
4.12 No Person shall permit any injury or destruction of any Tree contrary to the
provisions of any Agreement entered into with the Township that is registered
or approved for the property on which such injury or destruction of Trees take
place.
4.13 No Person shall permit any injury or destruction of any Tree before the
appropriate approvals have been issued whether through a Site Plan
Agreement, a Building Permit or a septic Permit.
4.14 No Person shall, after the destruction or injury of diseased Tree(s), fail to
produce an arborist report immediately upon the request of the Director, Officer
or their designate.
4.15 No Person shall permit any injury or destruction of any Tree for the installation of
a Walkway, stairway or pathway unless otherwise granted permission through a
Site Plan Agreement.
4.16 The exemption under Section 3.2 (d) of this By-law does not allow an Owner to
Remove Trees within 15 feet of the area in which the Patio will be located.
5.0
APPLICATION REQUIREMENTS
5.1 A Permit is required under this By-law as follows:
(a) Every Person who intends to Injure or Destroy a Tree where a Permit is
required to do so under this By-law shall first complete and submit an application
to the Township containing the information set out in Schedule "A" to this By-
law, in such form as may be approved by the Director;
(b) Is accompanied by the prescribed fees payable to the Township in accordance
with the existing Township of Muskoka Lakes Fees and Charges By-law;
(c) As part of the application for a Permit, the owner shall permit an Officer,
Director or anyone designated by an Officer or Director to enter upon his or her
property and undertake such site inspections as may be required to consider the
application. An Officer, Director or anyone designated by an Officer or Director
may undertake a Site inspection prior to, during and after the proposed activity.
(d) At the Directors discretion, all applications to Injure or Destroy a Tree may be
required to include a Tree Protection Plan in accordance with the requirements
in Section 11 of this By-law and/or Financial Assurance in an amount and form
acceptable to the Director;
(e) Applications to Injure or Destroy a Tree shall include any report required by the
Township or external agency (e.g. Tree Protection Plan, vegetation analysis,
environmental impact assessment, geotechnical report, Arborists Report, or
hydrogeological report.)
(f) An application for a Permit shall be deemed incomplete, and no Permit issued if;
(i)
The application has not been completed in full;
(ii)
The Owner/applicant has not signed the application;
(iii)
The party who will be undertaking or responsible for the injuring or
destruction of Trees has not signed the application;
(iv)
The application fee has not been paid; or
(v)
Any required inspections have not been undertaken.
(vi)
Any required reports have not been submitted; and
(vii)
Financial Assurance, if required by the Director, has not been provided.
6.0
ISSUANCE OF PERMIT
6.1
The Director shall issue a Permit to Injure or Destroy Tree(s) where the
Director is satisfied that:
(a) That the application is complete, in accordance with this By-law and the
Schedules;
(b) The Director is satisfied that the Site is not within an area where Tree Removal
or cutting is prohibited under Section 4 of this By-law;
(c) The injury or destruction of Tree(s) is required to permit the establishment or
extension of a use permitted by the Zoning By-law and there is no reasonable
alternative to the injury or destruction of the Tree(s).
(d) All other Permits, application material, background studies, Agreements,
documents, reports and Financial Assurances, if required, have been received,
reviewed and approved to the satisfaction of the Director;
(e) Any other matters that the Director considers relevant.
6.2
The Director has the discretion to require a Financial Assurance as a condition
of issuing a Permit, and the Financial Assurance shall be dealt with the
following conditions:
(a)
The Financial Assurance may be drawn upon by the Township to
remedy any deficiency in work under a Permit, including but not limited to
Site restoration.
(b)
The Financial Assurance shall remain in effect for the full duration of the
Permit.
(c)
Any Financial Assurance in the form of a letter of credit shall contain a
clause stating that 30 days' written notice shall be given to the Township
prior to its expiry or cancellation. In the event that the Township receives
this notice, and further securities are not provided by the Owner, the
Director may draw on the letter of credit to render it as cash security.
(d)
The Financial Assurance shall be released by the Township following
the completion of a final inspection to the satisfaction of the Director.
7.0
RENEWAL, TRANSFER, EXPIRY AND REVOCATION OF PERMITS
Renewal
7.1
A Permit which has expired may be renewed by the Director as appropriate,
within a period of three months before the date of expiry upon the submission of
a written request to the Director accompanied by a payment of one-half of the
original Application Fee, provided that the proposed work which was the subject
of the Permit has not been revised;
7.2
A Permit which has been renewed in accordance with Section 7.1 shall
thereafter be treated as a new Permit except that it shall not again be renewed.
7.3
A Permit which has been renewed in accordance with Section 7.1 shall rely on
the Tree Protection Plan for the site that is referenced in the existing Permit.
Transfer
7.4
A Permit shall expire upon the transfer of ownership of the Site unless the new
Owner provides written commitment to comply with all conditions under which
the Permit was issued, prior to transfer of the Site, including compliance with this
By-law and Agreement to provide Financial Assurance in a form and amount
acceptable to the Director, at which time any Financial Assurance previously
provided by the original Permit holder pursuant to this By-law shall be released.
7.5
Failing the written commitment from the new Owner, the Permit shall be deemed
to be cancelled as of the date of transfer.
7.6
A Permit is not transferable to another Site.
Expiry and Revocation
7.7
A Permit expires on the date set out in the Permit.
7.8
The Township may revoke any Permit if:
(a) It was obtained on mistaken, false or misleading information;
(b) It was issued in error;
(c) The Owner or Permit holder requests it be revoked in writing;
(d) Work authorized under the Permit has not commenced prior to its expiry date;
(e) The Owner has breached any of the prohibitions of Section 4 of this Bylaw;
(f) The Township has drawn on the Financial Assurance provided by the Owner
or applicant in accordance with Section 6.2 of this By-law; and
(g) The land has been transferred and the new Owner has not complied with the
requirements under section 7.4 of the By-law.
7.9
When a Permit expires or is revoked, the Owner shall immediately cease all
Tree cutting, and shall immediately rehabilitate and revegetate the site to the
Township's satisfaction. If the Owner has registered a site plan Agreement, a
subdivision Agreement, or a developmental Agreement that includes the
revegetation of the Site as a condition or requirement, revegetation shall take
place in accordance with that Agreement.
7.10 No Person shall Injure or Destroy a Tree while a Permit is expired or revoked.
8.0
CONDITIONS TO PERMIT
8.1
The following shall be deemed to be conditions to the issuance of every Permit
under this By-law:
(a) Marking of Trees
Prior to the issuance of the Permit, the Owner shall cause all Trees which are to
be Removed or destroyed to be marked with clearly visible marks of yellow or
orange paint at Breast Height and upon the stump to remain after cutting.
(b) Limitation of Damage to Residual Trees
During the course of injuring or destroying Trees pursuant to a Permit issued in
accordance with this By-law, no Person shall:
(i)
Cause Major Damage to Trees forming more than 10% of the total
residual basal area of the portion of the property which is the subject of
the Permit;
(ii)
Cause Major Damage to Trees forming more than 15% of the residual
basal in the size class of 10 cm DBH or more in the portion of the property
which is the subject of the Permit;
(iii)
Cause Major Damage to Trees forming more than 15% of the residual
basal area in the size class of 10cm DBH or less in the portion of the
property which is the subject of the Permit;
(iv)
Create or permit skid trails covering more than 20% of the ground area in
the portion of the property that is the subject of the Permit.
(c) Prior to commencement of any work that would result in injury to or destruction of
Trees authorized pursuant to this By-law, the Person causing such work to be
carried out shall ensure that the Permit is posted in a conspicuous place within
the property.
(d) Conditions Required by the Director
(i)
In addition to the above conditions, the Director may attach conditions to
the Permit which in the opinion of the Director are reasonable and related
to the purposes of this By-law or the safety and convenience of the public
that may include but are not limited to the following:
1. the manner and timing in which the injuring and destruction of Trees is
to be carried out;
2. the qualifications of Persons authorized to Injure or Destroy Trees;
3. the species, size, number, and location of replacement Trees to be
planted; and
4. measures to be implemented to mitigate the direct and indirect effects
of the injuring or destruction of Trees on the natural environment
including protected Trees adjacent to or on the land where the Tree
destruction or injury is to take place.
and
5. Financial Assurance
(e) An Officer, a Director or any Person authorized by an Officer or Director, may
at all times enter upon and inspect any land for the purposes of enforcing this By-
law, determining compliance with this By-law, determining compliance with terms
and conditions of a Permit issued under this By-law, determining compliance
with an Order issued under Section 12 of this By-law or laying charges under this
By-law.
9.0
DURATION OF PERMIT
9.1
Every Permit shall be issued to the Applicant and shall expire twelve (12)
months after issuance. For greater certainty, to the extent that the expiry date
would occur during the restricted period between March 15 to April 30 in any year
as provided in Section 9(b), the expiry date in the Permit shall be deemed to
have been extended to a date in the month next following the restricted period
that would have the effect of granting the Permit to an Owner for a full twelve
month period clear and not including the restricted period.
9.2
All Permits for the injury or destruction of Trees will be deemed not to be in
effect during the period of March 15 to April 30. The Director may grant
exemptions to this requirement in writing having regard to the potential for rutting
soil and subsequent damage to the ecology.
9.3
The Director may extend the expiration date of a Permit if a written request for
an extension is received by the Director a minimum of 10 working days before
the date the Permit expires. Any request that is received after this time may
require the submission of a new application. In no case shall the Director extend
a Permit for a period of greater than 6 months.
10.0 REVIEW OF DECISIONS OF DIRECTOR
10.1 An Applicant for a Permit under this By-law may request a review by Council:
(a) where the Director refuses to issue a Permit, within ten (10) days after the
refusal; or
(b) if the Director fails to make a decision on a complete Application, within thirty
(30) days after an application is received by the Director, or
(c) if the Applicant objects to a condition in the Permit, within thirty (30) days after
the issuance of the Permit.
11.0 REQUIREMENTS FOR TREE PROTECTION PLANS
11.1 Every Tree Protection Plan shall be signed by a Registered Professional
Forester as defined in the Ontario Professional Foresters Act or an Arborist as
defined in this By-law;
11.2 A Tree Protection Plan shall identify and include all requirements as set out in
Schedule "B" of this By-law;
11.3 The Township may request additional information on any Tree Protection Plan
that is submitted with an application.
12.0 ORDERS
12.1 The Director, their designate or an Officer may issue an Order requiring the
Person who contravened the By-law or who caused or permitted the
contravention or the Owner or occupier of the land on which the contravention
occurred to do work to correct the contravention, and such Orders shall contain:
(a) The municipal address and legal description of the land, this may also include the
roll number associated with the land;
(b) Reasonable particulars of the contravention(s); and
(c) The period in which there must be compliance.
12.2 The Orders issued pursuant to Section 12.1 of this By-law may require a Person
or the Owner or occupier of the land on which the contravention occurred to:
(a) Cease all work in relation to Tree cutting, limbing or pruning;
(b) Submit a revegetation plan or re-naturalization plan that is satisfactory to the
Township and which is completed by a qualified Professional in that field;
(c) Submit a Tree Protection Plan satisfactory to the Township and which is
completed by a registered Professional forester;
(d) Submit a satisfactory sketch of the property outlining all remedial work that will be
completed in order to revegetate or re-naturalize the property.
(e) Submit Financial Assurance sufficient to cover the costs of completing any
requirement of the Township in fulfilling the Order;
(f) Complete the works required in the revegetation, renaturalization or Tree
Protection Plans in the timeframe provided within the Order;
(g) Eliminate any hazard or potential hazard from the Removal, limbing or pruning of
Trees and to restore the Site to a condition of safety and/or its original
environmental condition to the satisfaction of the Township.
(h) Undertake such further investigations as required by the Township to identify the
extent of any breach of this By-law and do work to correct the contravention, as
deemed appropriate by the Township.
(i) Any other requirement as deemed necessary by the Director or Officer.
12.3 Any remedial work that is ordered through a "Stop Work Order" or an "Order to
Remedy" shall be done in accordance with a Professional's report/plan that
shall be submitted to the Township within the period of compliance provided for
listed on the Order.
(a) The Township may complete a review of the Professional's report/plan by a
third party Professional retained by the Township. If the Township proceeds
with a third party review, the remedial work shall be completed in accordance
with the third party review and completed to the satisfaction of the Township.
(b) If the Township proceeds with a review by a third party to any report/plan
submitted as a result of a requirement within a "Stop Work Order" or an "Order to
Remedy", all costs associated with the review by a third party shall be paid by the
Owner of the land and may be recovered by the Township in the same manner
as property taxes or by drawing on the Financial Assurance provided.
12.4 An Order is not deemed to be complied with until the Professional's report/plan
has been approved by the Township, which may include a review by a third
party retained by the Township and the remedial work has been completed to
the satisfaction of the Township.
12.5 Any Order issued under this section may be served personally and/or served by
sending it by registered mail, and/or email to the last known address of;
(a) The Owner of the property at the address shown on the municipal tax rolls;
(b) The Person identified as contravening this by-law;
(c) If sent via email, the Order shall be sent to the last known email address of the
Person(s) or corporation(s) in which the Order is addressed to.
12.6 Where service of an Order is made by registered mail, the Order shall be
deemed to have been served on the fifth day after the Order is mailed.
12.7 Where service of an Order is made by email, the Order shall be deemed to have
been served on the fifth day after the Order was emailed or upon a response
from the recipient of the Order.
12.8 Where service cannot be made under Section 12.5, it is deemed sufficient if the
Director, their designate or 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 addressed to;
12.9 If the Owner or Permit holder fails to do the work required by an "Order to
Remedy" or "Stop Work Order" issued pursuant to Sections 12.1-12.2 inclusive of
this By-law within the period specified, the Township, in addition to all other
remedies it may have, may do the work and for this purpose may enter on the
land with its employees and agents. The costs incurred by the Township in so
doing shall be paid by the Owner of the land and may be recovered by the
Township in the same manner as property taxes or by drawing on the Financial
Assurance provided.
12.10 Any costs incurred by the Township on behalf of an Owner as a result of
remedial action as outlined in Section 12.9 of this By-law will also include interest
calculated at a rate of 15% per annum which is calculated for the period
commencing on the day the Township incurs the cost and ending on the day the
cost, including the interest, is paid in full;
12.11 The amount of the cost incurred could constitute a lien on the land upon which
the registration in the proper land registry office of a notice of lien. The lien is in
respect of all costs that are payable at the time the notice is registered plus
interest accrued at the rate established in Section 12.10 to the date full payment
is made;
12.12 Upon the Township receiving payment of all costs payable plus interest accrued
to the date of payment, the Township shall register a discharge of the lien in the
proper land registry office at the expense of the Owner;
12.13 If a Person is not satisfied with the terms of an "Order" they may request an appeal
to be heard by the Township Appeals Committee by submitting an appeal form
within 30 calendar days of receiving the Order upon paying the prescribed fee as
set out in the Township of Muskoka Lakes Fees and Charges By-law.
12.14 Matters subject to an appeal, as outlined in this by-law, shall be heard in
compliance with the rules and regulations as set out for them, by the Township
Appeals Committee.
13.0 INSPECTION AND ENFORCEMENT
13.1 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law. Any Person who is
alleged to have contravened any of the provisions of this By-law shall identify
themselves to the Officer upon request, failure to do so shall be deemed to have
obstructed or hindered the Officer in the execution of his duties.
13.2 The Director, their designate or an Officer may, at any reasonable time, enter
and inspect any land to determine whether provisions of this By-law, a condition
of a Permit issued under this By-law has been complied with, or to ensure that
an order issued under this By-law or Section 431 of the Municipal Act, 2001, has
been complied with;
13.3 For the purposes of conducting an inspection pursuant to Section 13.2 of this By-
law, the Township may, in accordance with Section 436(2) of the Municipal Act,
2001;
(a) Require the production of documents or things relevant to the inspection;
(b) Inspect and Remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) Require information from any Person concerning a matter related to the
inspection;
(d) Alone or in conjunction with a Person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purpose of the inspection.
13.4 Upon completion of the work pursuant to the Permit, the Owner and/or Permit
holder shall contact the municipality for an inspection;
13.5 This By-law shall be administered and enforced by the Director, their designate
or an Officer;
14.0 OFFENCES AND PENALTIES
14.1 Every person who contravenes any provision of this By-law, and every director or
officer of a corporation who knowingly concurs in the contravention of this By-law
by the corporation is guilty of an offence and on conviction is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. The applicable
fines are as set out in Schedule "C" of this By-law.
14.2 Every person who contravenes the provisions of any section of this By-law, is
guilty of an offence under the provisions of the Municipal Act, 2001, S.O. 2001, c.
25 as amended and is liable on conviction to a penalty where the minimum fine
shall not exceed $500 and a maximum fine shall not exceed $100,000 exclusive
of costs under the provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended.
14.3 Every director or officer of a corporation who contravenes any provisions of the
By-law is guilty of an offence under the provisions of the Municipal Act, 2001,
S.O. 2001, c. 25 as amended and is liable on conviction to a penalty where the
minimum fine shall not exceed $500 and a maximum fine shall not exceed
$100,000 exclusive of costs under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25 as amended.
14.4 Every person who contravenes the provisions of any section of this By-law, and
every director or officer of a corporation who knowingly concurs in the
contravention of the By-law by the corporation is guilty of an offence under the
provisions of the Municipal Act, 2001, S.O. 2001, c. 25 as amended and is also
liable for a special fine in circumstances where there is an economic advantage
or gain from the contravention of this By-law and the maximum amount of the
special fine may exceed $100,000.
14.5 If there is a contravention of any provision within this By-law, and the
contravention has not been complied with or corrected, the contravention of the
provisions shall be designated as a continuous offence for each day or part of a
day that the contravention remains uncorrected;
14.6 For the purposes of this By-law, if there is an offence respecting two or more acts
or omissions, each of which separately constitutes an offence and is a
contravention of the same provision of this By-law, then the offence is deemed a
multiple offence.
14.7 For the purpose of continuous offences, every person who contravenes any
provision of this By-law, and every director or officer of a corporation who
knowingly concurs in the contravention of this By-law by the corporation, is guilty
of an offence and is liable on conviction to a penalty not exceeding $10,000 per
day or part thereof, exclusive of costs, under the provisions of the Municipal Act,
2001, S.O. 2001, c. 25 as amended.
14.8 For the purpose of multiple offences, every person who contravenes any
provision of this By-law, and every director or officer of a corporation who
knowingly concurs in the contravention of this By-law by the corporation, is guilty
of an offence and is liable on conviction to a penalty not exceeding $10,000 per
offence, exclusive of costs under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25 as amended.
14.9 Notwithstanding Section 14.7 and 14.8, and in accordance with the provisions of
the Municipal Act, 2001, S.O. 2001, c. 25 as amended, the total of all fines for the
continuous offences or multiple offences is not limited to $100,000.
14.10 If an Order has been issued under this By-law, and the Order has not been
complied with, the contravention of the Order shall be designated as a
continuous offence for each day or part of a day that the Order is not complied
with.
14.11 Every person who contravenes any section of this By-law shall, upon issuance of
a penalty notice in accordance with the Township's Administrative Monetary
Penalty System By-law, be liable to pay the Township an Administrative
Monetary Penalty.
15.0 OTHER APPROVALS
15.1 The issuance of a Permit under this By-law does not excuse the Owner from
complying with other applicable federal, provincial and municipal By-laws.
16.0 CONFLICT WITH OTHER BY-LAWS
16.1 Nothing in this By-law shall exempt any Person from complying with the
requirement of any By-law in force or from obtaining any license, permission,
Permit, authority or approval required under any By-law or legislation.
17.0 SEVERABILITY
17.1 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.
18.0 INTERPRETATIONS
18.1 For the purposes of this By-law, all measurements are shown in metric and
imperial equivalent is in brackets following. The metric measurement shall prevail
and the imperial equivalent is for reference only.
18.2 "Ft." within this By-law refers to "feet" and "m" in this By-law refers to metres.
19.0 ADMINISTRATION
19.1 Schedules "A" to "C" shall form part of this By-law.
19.2 The short title of this By-law is the "Tree Conservation By-law".
20.0 REPEAL AND EFFECTIVE DATE
20.1 By-law 2008-55 is hereby repealed.
20.2 This By-law will come into force and effect on the date of passage.
READ a First, Second and Third time, and finally passed this 14th day of September,
2022.
Phil Harding, Mayor
Lauren Tarasuk, Clerk
SCHEDULE "A"
Information Required for Application
1.
Name, address and telephone number of all owners.
2.
Signature or authorization of all owners.
3.
Name, address, and telephone number of person retained to perform work
on trees under permit, and contact name if corporation or company.
4.
Municipal Address of property (if assigned)
5.
Legal description of property
6.
Number of trees affected and the general location of said trees in relation
to buildings or other features
7.
A Tree Protection Plan (where required) with requirements as set out in
Schedule "B"
SCHEDULE "B"- TREE PROTECTION PLAN REQUIREMENTS
Such plans will include the following but are not limited to:
1. Accurate plotting and identification of all trees on the plan;
2. Species referenced to municipal address, ownership and location through an
accurate plotting and identification of all trees;
3. Diameter at breast height (DBH), measured in centimetres at 1.37 m above
ground level;
4. Tree health/disease
5. Crown spread, measured in metres on a drawing indicating the appropriate
scale, showing extent of tree foliage covering the lot;
6. Soil compaction inside the Tree Protection Zone using methods approved by the
Township;
7. Tree risk assessment for trees deemed hazardous as assessed by the
Registered Professional Forester, must be provided in accordance with " Best
management Practices, Tree Risk Assessment, International Society of
Arboriculture" as revised from time to time, including a photographic record of
each tree as required by the Township; and
8. For each tree identified as being preserved and each tree recommended for
removal, the valuation as determined by the most recent International Society of
Arboriculture's Guide for Plant Appraisal.
9. Approved Grading plan. This requires collaboration of the applicant's engineering
and arboricultural consultants;
10. Approved servicing plan indicating water, sewer/storm, hydro, gas, bell, cable
and any other impacted utility. This requires collaboration of the applicant's
engineering and arboricultural consultants;
11. Tree protection zone (TPZ) limits;
12. Appropriate signatures in accordance with the Tree Protection Plan and;
13. The name and contact information for the arborist responsible for monitoring the
implementation of the plan.