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COUNTY OF OXFORD
WOODLANDS CONSERVATION BY-LAW NO. 6607-2024
To prohibit or regulate the harvesting, injuring or destruction
of trees in woodlands in the
County of Oxford
WHEREAS s.135(2) of the Municipal Act, 2001, R.S.O. 2001, c.25 as amended, (hereinafter
referred to as "the Act") permits the enactment of a by-law by the Council of the County of Oxford
(hereinafter referred to as "the County") to prohibit or regulate the harvest, injury or destruction of
trees in woodlands;
AND WHEREAS s.135(7) of the Act provides that a by-law enacted in accordance with s.135(2)
of the Act may require that a permit be obtained to harvest, injure or destroy trees and that a
municipality may impose conditions on a permit, including conditions relating to the manner in
which harvesting, injuring or destroying occurs and the qualifications of persons authorized for
this purpose;
AND WHEREAS Council of the County has determined that it is desirable to enact such a by-law
for purposes including, but not limited to, the following:
-
achieving the goals and objectives of the County Official Plan with respect to
sustaining the community's environmental and natural heritage resources;
-
conserving and improving woodlands through good forestry practices;
-
protecting, promoting and enhancing the value of woodlands for social, economic and
environmental value; and
-
enhancing biodiversity and forest resilience to assist the community in adapting to
climate change and other environmental threats to forest health.
NOW THEREFORE the Council of the County of Oxford hereby enacts as follows:
1.
DEFINITIONS
In this by-law:
1.1
"Acceptable Growing Stock (AGS)" means trees suitable for retention in the stand for at
least one (1) cutting cycle, comprising trees of commercial species and of such form and
quality as to be saleable as sawlog products at some future date.
1.2
"Basal Area" means the total cross-sectional area of all live trees 10 cm (4 in) or greater,
expressed as square metres per hectare and measured 1.37 m (4.5 ft) above the point on
the tree where the ground meets the stump at the base of the tree.
1.3
"Building Permit" means a building permit issued under the Building Code Act 1992,
R.S.O. 1992, c.23, as amended, or any successor legislation.
1.4
"Business Day" means a day falling on or between Monday and Friday of each week, but
does not include New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day,
Civic Holiday, Labour Day, Thanksgiving, Remembrance Day, Christmas Day or Boxing
Day.
1.5
"By-law Officer" means a provincial offences officer or an individual or individuals
appointed by Chief Administrative Officer for the administration and enforcement of this
By-law.
1.6
"Certified Tree Marker" means an individual who has full certification in good standing for
marking under the Ontario Ministry of Natural Resources and Forestry (MNRF) program,
or similar program approved by the MNRF, and has demonstrated experience to mark in
accordance with good forestry practice within Oxford County.
1.7
"Chief Administrative Officer" means the Chief Administrative Officer of the Corporation of
the County of Oxford.
1.8
"Circumference" means the measurement of the perimeter or outer boundary of a stem or
trunk of a tree, including the bark of the stem.
1.9
"Committee" means the Woodlands Conservation By-law Committee or other similarly
constituted committee as designated by a By-law of the County.
1.10
"Coppice Growth" means where more than one tree stem grows from a single tree stump.
1.11
"Council" means the Council of the County of Oxford.
1.12
"County" means the County of Oxford or the area up to and including the geographical
boundaries of the County of Oxford, as the context requires.
1.13
"County Clerk" means the County Clerk of the County of Oxford.
1.14
"Destroy", "Destruct" and/or "Destruction" means any action which causes or results in the
irreversible injury or death of a tree.
1.15
"Diameter" means the straight-line measurement, from side to side and through the centre
of the trunk or stem of a tree, including the bark.
1.16
"Diameter Breast Height (DBH)" means the diameter of the stem of a tree measured at a
point that is 1.37 m (4.5 ft) above the ground.
1.17
"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.
1.18
"Harvest" means the injury or destruction of trees through cutting or other mechanized
means which results in the irreversible injury or death of a tree by design and further,
includes any work, efforts or attempt to move or gather such trees having been cut or
otherwise destroyed.
1.19
"Injure" or "Injury" means any action that causes physical, biological or chemical damage
to a tree, including any lasting damage which has the effect of inhibiting or terminating its
growth but does not include pruning branches for maintenance purposes.
1.20
"Local Board" means a municipal service board, transportation commission, board of
health, police services board, planning board, or any other board, commission, committee,
body or local authority established or exercising any power under any Act with respect to
the affairs and purposes of one or more municipalities.
1.21
"Log" means a portion of a tree of a prescribed species reduced to a size suitable for
loading on a vehicle for transport to a processing mill for the production of lumber or other
products.
1.22
"Logger" means an individual or company or similar group who cuts trees for purchase,
sale or other profit, on behalf of an owner.
1.23
"Local Municipality" means each of the municipalities of Blandford-Blenheim, East Zorra-
Tavistock, Norwich, South-West Oxford, Zorra, Ingersoll, Tillsonburg and Woodstock.
1.24
"Owner" means a person having any right, title, interest or equity in land.
1.25
"Own Use" means a use by the owner that does not include the sale, exchange, barter or
other disposition of trees harvested, injured or destroyed.
1.26
"Permit" means the written authorization of the By-law Officer.
1.27
"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.
1.28
"Plantation" means a wooded areas where trees have been planted or seeded in a
pre-determined pattern or rows and are harvested for commercial purposes in-keeping
with the original purpose of planting or seeding.
1.29
"Plot" means a specific area set out for the purpose of measuring the number of trees
within woodlands.
1.30
"Point of Measurement" means that point on the tree stem or trunk measured above the
highest point of the ground in an undisturbed state at the base of the stem or trunk of the
tree. For coppice growth, the 'point of measurement' means that point on each tree stem
or trunk measured above the point of separation, provided that such point of separation is
less than 1.37 m (4.5 ft) above the highest point of undisturbed ground at the base of the
coppice growth, and the same circumference or diameter limits apply as for
single-stemmed trees.
1.31
"Registered Professional Forester" has the same meaning as contained in the
Professional Foresters Act, S.O. 2000, c18.
1.32
"Silviculture" means the art, science, theory and practice of controlling forest
establishment, and the composition, growth and quality of forests to achieve the objectives
of good forestry practice and forest management.
1.33
"Silvicultural Prescription" means the site-specific operational plan that describes the
existing forest conditions and the forest management objectives for an area and which
prescribes the methods for harvesting the existing forest stand and a series of silvicultural
treatments that will be carried out to establish a free-growing stand in a manner that
accommodates other resource values as identified.
1.34
"Tree" means any species of woody perennial plant, including its root system, which has
reached or can reach a height of at least 4.5 m (14.8 ft) at physiological maturity.
1.35
"Unacceptable Growing Stock (UGS)" means trees that have a high risk of dying, and are
expected to decline over the next cutting cycle, including trees of poor form and/or low
quality.
1.36
"Unforested Corridor" means a break in the forest cover canopy, including, but not limited
to roads, paths, or natural features such as a creek or watercourse.
1.37
"Watercourse" means a natural or man-made waterway containing flowing water for at
least a portion of the year.
1.38
"Woodlands" means land, at least one hectare (2.47 acres) in area, including any
unforested corridors less than 20 m (65.6 ft) in width, with at least:
(i)
1000 trees of any size, per hectare; or
(ii)
750 trees measuring over five (5) cm (2 in) in diameter at DBH, per hectare; or
(iii)
500 trees measuring over twelve (12) cm (5 in) in diameter at DBH, per hectare;
or
(iv)
250 trees measuring over twenty (20) cm (8 in) in diameter at DBH, per hectare.
Woodlands do not include a cultivated fruit or nut orchard, a registered tree nursery or a
tree plantation planted and maintained for the purpose of producing Christmas trees.
The boundary of woodlands shall be defined by the ecological limit of the woodlands and
not by property boundaries.
Where a Local Municipality has approved a By-law which delegates authority respecting
the prohibition or regulation of the harvesting, injuring or destruction of trees to the County,
woodlands shall mean land that is identified as woodlands in accordance with the
definition(s) contained in the delegation By-law.
2.
GENERAL PROHIBITION
Except as provided in this By-law, no person, through their own actions or through the actions of
any other person shall harvest, injure or destroy, or cause or permit to be harvested, injured or
destroyed, any living tree located in woodlands.
3.
EXCEPTIONS
A person may harvest, injure or destroy a tree within woodlands if:
(a)
the person who is harvesting, injuring or destroying trees does so in accordance with a
silvicultural prescription incorporating good forestry practices prepared or approved by:
i)
a Registered Professional Forester in good standing with the Ontario Professional
Foresters Association; or
ii)
a member in good standing with the Ontario Professional Foresters Association;
and
iii)
the person who is harvesting, injuring or destroying trees has complied with all of
the requirements of this By-law; and
iv)
the trees to be harvested, injured or destroyed have been clearly marked with paint
on two sides and at the base of the tree.
OR
the trees harvested, injured or destroyed:
i)
have attained, at the point of measurement, the circumference or diameter
measurement which is equal to or greater than the minimum circumference or
diameter prescribed for the species in Schedule "B" to this By-law;
and
ii)
the harvesting, injuring or destruction of trees has occurred in compliance with all
of the requirements of this By-law;
iii)
the harvesting, injuring or destruction of trees will not reduce the number of trees
per hectare below the minimum number of trees per hectare required for the area
to remain a woodland;
iv)
the harvesting, injuring or destruction of trees will not reduce the basal area in that
part of the woodland where trees which measure 25 centimetres (10 in) or more at
DBH have been harvested, injured or destroyed below 16 m2/ha of trees; and
v)
the trees to be harvested, injured or destroyed have been clearly marked with paint
on two sides and at the base of the tree.
4.
DRAINAGE WORKS
(a)
Except for municipal drainage works:
i)
where the harvesting, injuring or destroying of trees is necessary to construct
drainage works, the person intending to cause or permit the harvesting, injuring or
destroying of trees, either by themselves or through other persons, shall comply
with this By-law.
ii)
every person commits an offence who, by themselves or through other persons,
constructs or causes or permits to be constructed tile drainage works consisting in
whole or in part of perforated tile through, or within 5 m (16.5 ft) of, woodlands.
5.
EXEMPTIONS
This By-law does not apply to:
(a)
activities or matters undertaken by a municipality or a local board of a municipality;
(b)
activities or matters undertaken under a licence issued under the Crown Forest
Sustainability Act, 1994, R.S.O. 1990 c25;
(c)
the injuring or destruction of trees by a person licensed under the Surveyors Act to engage
in the practice of cadastral surveying or his or her agent, while making a survey;
(d)
the injuring or destruction of trees imposed after December 31, 2002 as a condition to the
approval of a site plan, a plan of subdivision, or a consent under Section 41, 51 or 53,
respectively, of the Planning Act or as a requirement of a site plan agreement or
subdivision agreement entered into under those sections;
(e)
the injuring or destruction of trees imposed after December 31, 2002 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;
(f)
the injuring or destruction of trees by a transmitter or distributor, as those terms are defined
in Section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a
transmission system or a distribution system, as those terms are defined in that section;
(g)
the injuring or destruction of trees undertaken on land described in a licence for a pit or
quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate
Resources Act;
(h)
the injuring or destruction of trees undertaken on land in order to lawfully establish and
operate or enlarge any pit or quarry on land:
i)
that has not been designated under the Aggregate Resources Act or a predecessor
of that Act; and
ii)
on which a pit or quarry is a permitted land use under a by-law passed under
Section 34 of the Planning Act.
(i)
the harvest, injuring or destruction of trees required 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 harvested, injured or destroyed that is more than 15 metres (49.2 ft) from
the outer edge of the building, structure or thing;
(j)
the harvest, injuring or destruction of trees that is reasonably required to install and provide
utilities and/or a single-lane driveway for vehicular access for the construction or use of a
building, structure or thing in respect of which a building permit has been issued;
(k)
the harvest, injuring or destruction of trees that is reasonably required to install a boundary
fence between two properties within a woodland;
(l)
the harvest, injuring or destruction of trees by the owner of a woodland for the owner's
own use where the owner has been the registered owner of the said woodland for a
minimum of two (2) years prior to the date of harvest, injury or destruction, and provided
that:
-
such activity is consistent with good forestry practices;
-
no more than 20 trees per hectare are harvested, injured or destroyed in a calendar
year; and
-
such activity does not reduce the density of the woodland below the minimum number
of trees per hectare required to be considered a woodland.
(m)
the harvest, injuring or destruction of trees for any of the following purposes, provided that
the area in which trees are to be harvested, injured or destroyed has been inspected,
approved and marked by the By-law Officer prior to the commencement of the activity and
the person who harvests, injures or destroys trees or otherwise causes same has complied
with this By-law:
i)
where land previously cleared and used for agricultural purposes which has
become overgrown with young (less than 10 years), early-successional tree
species (i.e. sumac, hawthorn, apple, scots pine, poplar, white birch, ash) and the
land is intended to be used again as part of an agricultural operation;
ii)
where trees are impeding the passage of agricultural equipment along an existing
laneway that is either within, or along the edge of a woodland; or
iii)
where the trees to be harvested, injured or destroyed are not located within a
woodland, or portion thereof, that is identified as part of an ecologically important
vegetation group in the Oxford Natural Heritage System Study, 2023 or later
version, and/or the County of Oxford Official Plan;
(n)
the harvest, injuring or destruction of trees where said trees are harvested, injured or
destroyed pursuant to a legally-binding contract, provided that:
i)
the owner of the woodland has given notice in accordance with this By-law; and
ii)
a contract was signed between the owner and contractor immediately preceding
the date on which this By-law came into force and effect; and
iii)
proof of the signed contract and down payment made to the owner is provided to
the satisfaction of the By-law Officer; and
iv)
the trees subject to the contract are harvested, injured or destroyed in a manner
consistent with this By-law within two (2) years of the enactment of this By-law.
6.
ADMINISTRATIVE AND/OR COMMITTEE EXEMPTION
(a)
Notwithstanding any provision contained in this By-law, a person may request an
exemption from this By-law beyond those exemptions contained in Section 5. Every
person who intends to obtain such exemption shall complete and submit to the By-law
Officer or designate, an application in the form prescribed in Schedule "E" to this By-law
containing all of the information required by the application form not less than 30 days and
not more than two (2) years prior to the start of any harvest, injury or destruction of trees,
together with the prescribed fee as set out in Schedule "A".
(b)
Notice of an application for exemption shall be circulated by regular mail not less than 14
days prior to a decision regarding the exemption, to the owner, the applicant and/or the
applicant's authorized agent and to all assessed owners of land that abut the lands subject
to the application. The Notice of the proposed exemption shall contain information as
prescribed in Schedule "F".
(c)
The owner or applicant shall post a Public Notice for a request for exemption not less than
10 days prior to a decision regarding the exemption and such posting shall be located on
the subject property in a manner that is clearly visible and legible from a public highway
or other place to which the public has access. The Public Notice shall be in the format
prescribed in Schedule "F".
(d)
The application for exemption shall be circulated to those agencies that, in the opinion of
the By-Law Officer, in consultation with the Community Planning Office, may have an
interest in the application, for the purpose of obtaining comments regarding the application.
(e)
In consideration of a request for an exemption, the By-law Officer may:
i)
grant the exemption request;
ii)
grant the exemption request with modifications;
iii)
refuse the exemption request.
(f)
When evaluating a request for exemption, the By-law Officer, in consultation with the
Community Planning Office, shall consider whether the harvest, injuring or destruction of
trees proposed by the application:
i)
is appropriate for the development or use of the land; and
ii)
maintains the intent and purpose of the By-law.
(g)
The By-law Officer, in consultation with the Community Planning Office, may impose such
terms and conditions, including but not limited to site restoration and/or a compensation
plan, to the exemption that are reasonable and desirable for the appropriate development
or use of the land on which the said exemption is granted. Compensation will be consistent
with internal policy related to development permit applications and may be modified to
each specific scenario.
(h)
The owner or applicant shall be notified in writing with respect to the decision regarding
the approval or denial of any application for an exemption.
(i)
The decision of the By-law Officer shall be final, unless the application for exemption is
appealed to the Committee in accordance with Section 7.
7.
APPEALS TO COMMITTEE
(a)
The owner or applicant for an exemption under Section 6 may appeal to the Committee:
i)
if the By-law Officer refuses to grant the exemption request, within 10 days of the
refusal;
ii)
if the By-law Officer fails to grant the exemption request within 45 days after the
application is received; or
iii)
if the owner or applicant objects to a condition of exemption, within 10 days of the
granting of the conditional exemption.
iv)
at any time after the application is received, until such time as the application is
either refused or approved by the By-law Officer, in which case, the owner or
applicant must request that the application be forwarded to the Committee in
accordance with subsections 7(a) i) or iii).
(b)
Where an application for exemption is appealed to the Committee, subsections 6(e), (f),
(g) and (h) shall apply with necessary modifications.
(c)
The decision of the Committee shall be final.
8.
NOTICE OF INTENT
(a)
Every person who intends to harvest, injure or destroy trees in the County of Oxford
pursuant to Section 3(a) of this By-law shall complete and deliver, or send by facsimile
transmission or e-mail, to the By-law Officer, a legible, signed Notice of Intent Permit
application in the form prescribed in Schedule "C" to this By-law containing all of the
information required by the form no less than 10 business days and no more than two (2)
years prior to the start of the harvest, injuring or destruction of trees together with a legible
copy of the silvicultural prescription signed by and identifying the person who prepared
and/or approved the prescription.
(b)
Every person who intends to harvest, injure or destroy trees in the County of Oxford
pursuant to Section 3(b) of this By-law shall complete and deliver, or send by facsimile
transmission or e-mail, to the By-law Officer, a legible, signed Notice of Intent Permit
application in the form prescribed in Schedule "D" to this By-law containing all of the
information required by the form no less than 10 business days and no more than two (2)
years prior to the start of the harvest, injuring or destruction of trees.
(c)
Upon receipt of a completed Notice of Intent Permit application, the By-law Officer shall,
within a reasonable time, return to the mailing address, facsimile number or e-mail address
provided in the Notice of Intent Permit application form for that purpose, a receipted copy
of the Notice of Intent Permit.
(d)
Any person who has submitted a Notice of Intent Permit under Sections 8(a) or 8(b) shall
erect and display a notice sign at the entrance to the woodlands in a location that is clear
and visible to all persons, and the notice shall be in the form prescribed in Schedule "I".
(e)
Every person who has submitted or caused to be submitted a Notice of Intent Permit
application shall notify the By-law Officer or their designate, by facsimile transmission,
telephone or e-mail, no more than seven (7) business days and no less than 24 hours
prior to the date upon which the harvest, injury or destruction of trees is to begin advising
of the location of the harvest, injury or destruction of trees and the date upon which the
harvest, injury or destruction of trees is to start.
9.
ORDERS TO DISCONTINUE ACTIVITY
(a)
Where the By-law Officer, or designate, is satisfied that a contravention of this By-law has
occurred, the By-law Officer, or designate, may issue an Order to Discontinue Activity
requiring the person who contravened the By-law or who caused or permitted the harvest,
injuring or destruction of trees in contravention of the By-law, to stop and discontinue the
harvest, injuring or destruction of trees. The Order to Discontinue Activity as set out in
Schedule "G", shall include the following:
i)
the municipal address and/or the legal description of the land;
ii)
reasonable particulars of the contravention;
iii)
the date of inspection; and
iv)
the date by which compliance with the Order must be achieved.
10.
SERVICE OF AN ORDER
(a)
An Order issued under this By-law shall be served on the owner of the property and such
other persons affected by the Order, as determined by the By-law Officer or designate,
and a copy of the Order shall be posted on the property.
(b)
An Order issued under this By-law may be served personally or by registered mail sent to
the last known address of:
i)
the owner of the woodlands; and/or
ii)
the person or persons identified as having harvested, injured or destroyed trees.
(c)
Where an Order is served by registered mail, service shall be deemed to have been made
on the fifth day after the day of mailing.
(d)
Where an Order cannot be served in accordance with Section 9 a), b) or c), a placard
containing the terms of the Order shall be placed in a conspicuous place on the affected
property by the By-law Officer, or designate, and the placing of the placard shall be
deemed to be sufficient service of the Order on the person or persons to whom the Order
is directed.
11.
PENALTY
(a)
Any person who contravenes any provision of this By-law, or an Order issued under this
By-law, is guilty of an offence and is liable:
i)
on first conviction, to a minimum fine of $10,000 or $1,000 per tree injured or
destroyed, whichever is greater; and
ii)
on any subsequent conviction, to a minimum fine of $25,000 or $2,500 per
tree injured or destroyed, whichever is greater.
(b)
If a person is convicted of an offence for contravening this By-law or an Order issued under
this By-law, the court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may order the person to rehabilitate the land or to plant or replant
trees in such a manner and within any such period as the court considers appropriate,
including any silvicultural treatment necessary to re-establish the trees.
12.
ENFORCEMENT
(a)
This By-law shall be enforced by a By-law Officer appointed by the Chief Administrative
Officer.
(b)
A By-law Officer may, at any reasonable time, enter and inspect any land to determine
whether this By-law, an Order or a condition of a permit is being complied with.
(c)
A By-law Officer exercising a power may be accompanied by a person or persons under
the By-law Officer's direction.
(d)
No person shall hinder or obstruct a By-law Officer or attempt to hinder or obstruct a
By-law Officer who is performing a duty in accordance with this By-law.
(e)
Any person who provides false information to a By-law Officer shall be deemed to have
hindered or obstructed the By-law Officer in the discharge of their duties.
13.
ADMINISTRATION
(a)
Schedules "A" to "I", inclusive, form part of this By-law.
(b)
If any Section or Sections of this By-law or parts thereof are found by any Court of
competent jurisdiction 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 therefrom and
continue in full force and effect unless and until similarly found illegal.
(c)
For the purposes of this By-law, words used in the singular number include the plural and
words which refer the masculine shall include the feminine, and visa versa, where
applicable.
(d)
For the purposes of this By-law, words in italicized text are defined in Section 1. Such
defined words will not be italicized where the context in which the word is used does not
correspond to the definition contained herein.
(e)
The short title of this By-law is the "Woodlands Conservation By-law".
(f)
Woodlands Conservation By-law No. 4489-2004, as amended, of the County of Oxford
shall be repealed effective on the coming into force and effect of this By-law.
(g)
Notwithstanding subsection (f) of this Section, By-law No. 4489-2004, as amended, of the
County of Oxford shall continue to apply to applications filed, permits issued and/or
proceedings in respect of offences that occurred before its repeal, proof of which has been
provided to the satisfaction of the By-law Officer.
(h)
Measurements are given in both metric and imperial units in this By-law. For the purposes
of this By-law, the metric unit shall govern.
READ a first and second time this twenty-fourth day of January, 2024.
READ a third time and finally passed this twenty-fourth day of January, 2024.
MARCUS RYAN,
WARDEN
CHLOÉ J. SENIOR,
CLERK
Marcus Ryan (Jan 24, 2024 12:22 EST)
Marcus Ryan
SCHEDULE "A"
By-Law No. 6607-2024
FEE SCHEDULE FOR APPLICATIONS
The following fees will apply for the purpose of this By-law:
Application for Committee Exemption
$200.00
Please make cheques payable to 'Treasurer - County of Oxford'
SCHEDULE "B"
By-law No. 6607-2024
CIRCUMFERENCE LIMITS BY CATEGORY OF TREE SPECIES
SPECIES "A"
ASH
- White (Fraxinus Americana)
- Green (Red) (Fraxinus pennsylvacia)
MAPLE
- Sugar (Acer saccharum)
- Black (Acer nigrum)
- Red (Acer rubrum)
- Silver (Acer saccharinum)
OAK
- Red (Quercus rubra)
- Black (Quercus velutina)
- White (Quercus Alba)
- Swamp White (Quercus bicolor)
- Bur (Quercus macrocarpa)
TULIP
- (Liridendron tulipifera)
WALNUT
- Black (Juglans nigra)
- White (Butternut) (Juglans cinerea)
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"
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)
SPECIES "C"
ASH
- Black (Fraxinus nigra)
BIRCH
- Yellow (Betula alleghaniensis)
ELM
- White (Ulmus Americana)
- Red (Ulmus thomasii)
- Rock (Ulmus ruba)
EUROPEAN LARCH - (Larix decidus)
HICKORY
- Shagbark (Carya ovata)
- Bitternut (Carya cordiformis)
LARCH
- (Larix deciduas)
POPLAR
- Balsam (Populas blasamifera)
- Eastern Cottonwood (Populus deltoids)
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 (24 in)
SPECIES "D"
BIRCH
- White (Betula papyrifera)
CEDAR
- White (Thuja occidentalis)
POPLAR
- Largetooth Aspen (Populas grandidentala)
- Trembling Aspen (Populus tremuloides)
SPECIES "D" MEASUREMENTS
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 - the following species should be avoided during tree removal operations:
Blue Ash
Shumard Oak
Black Gum
Chestnut
Cucumber
Tamarack
Shellbark Hickory
Pawpaw
Chinquapin Oak
Pignut Hickory
Balsam Fir
Kentucky Coffee Tree
American Chestnut
* NOTE:
Please refer to "Species at Risk Act" at www.sararegistry.gc.ca for more
information.
SCHEDULE "C"
By-law No. 6607-2024
COUNTY OF OXFORD
NOTICE OF INTENT - GOOD FORESTRY PRACTICES
PURSUANT TO WOODLANDS CONSERVATION BY-LAW NO. 6035-2018
Completed Application must be received by the By-law Officer at least 10 business days prior to the
commencement of the harvest, destruction or injury of trees. All sections must be filled out completely, to
the satisfaction of the By-law Officer.
Please submit the completed application to County of Oxford Customer Service, P.O. Box 1614, 21 Reeve
Street, Woodstock, ON N4S 7Y3 or by e-mail to [email protected] or by fax to 519-
537-1053.
The By-law Officer can be contacted at 519-539-9800, or by e-mail at [email protected].
PLEASE PRINT CLEARLY
Silvicultural Prescription Information
All applications under Good Forestry Practices must be accompanied by a forest operations silvicultural
prescription prepared and/or approved by a Registered Professional Forester or Qualified OPFA Member,
in accordance with approved practices of the Ontario Professional Foresters Association, as amended from
time to time. A silvicultural prescription will generally include the following information:
Site and Stand Conditions:
-
tree species composition by percentage
-
regeneration status
-
quality of stand, including health (disease/insects)
-
limitations
-
stand history, including any previous silviculture operations
-
sensitive or special features
-
date of inventory
-
acreage of the woodland
-
current stocking, stand structure or basal area distribution
Habitat, Biodiversity and Recreation Consideration
Short and Long Term Objectives
A record of Discussions with the Landowner and Signature of the Landowner
Tree Marking Direction
-
residual basal area or stocking
-
directions for improvement of health, quality, species diversity, stand structure and/or size
class distribution
-
silviculture system to use for marking
Estimated Time of Next Silviculture Intervention
NOTE: Where a silvicultural prescription has been prepared and/or approved by a qualified person, as
noted above, the marking and harvesting of trees in accordance with the provisions of the By-law may be
undertaken by a landowner.
Map of Site and Stands to Harvest
The map must be legible and include property boundaries, abutting roads, preferred entry points for
inspection, location of buildings and structures on the property, forested areas and proposed harvest areas,
logging access, drains, watercourses, power lines and other features and a north indicator.
Property Owner:
Address:
Postal Code:
Phone: Residence
Business
Fax
E-mail:
Woodland location:
Lot
Con.
Former Township:
SAWTIMBER
TREE SPECIES
# OF TREES MARKED
AVG. DIAMETER (in or cm)
VOUME (F.B.M. or m3)
i.e. Hard Maple
24
15
3,200
TOTAL
FUELWOOD/CORDWOOD
TREE SPEICIES BY %
# OF TREES MARKED
AVG. DIAMETER (in or cm)
VOLUME (BUSH CORD)
i.e. Aw4 Be4 Mh2
65
11
20
PRESCRIPTION INFORMATION
Prescription prepared by:
Name:
Mailing Address:
Telephone #:
Qualifications:
Date Prescription Prepared:
Check if area has been inspected since tree marking
TREE MARKER INFORMATION:
CONTRACTOR INFORMATION: (if different from above)
Trees Marked By:
Surname:
Mailing Address:
Given Name:
Telephone #:
Mailing Address:
Qualifications:
Postal:
Telephone #:
Paint Colour:
Date Marked:
Person in charge of Harvesting of Trees:
All trees to be harvested shall be marked with paint above DBH
on opposite sides of the tree. The mark shall be at least 4
cm (2 in) in diameter for hardwood sawlogs/conifer poles or
sawlogs and a slash 20 cm (8 in) long for fuelwood/conifer
logs/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.
Estimated Starting Date:
The person in charge of the harvesting of trees is required to
provide 24 hours notice (prior to the start of the harvest date) to
Customer Service by e-mail ([email protected])
or fax (519-537-1053)
DESCRIPTION OF AREA
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 power lines and equipment due to
a logging accident
Please indicate if the property is enrolled in:
Conservation Land Tax Incentive Program
Managed Forest Tax Incentive Program
BASAL AREA - DISTRIBUTION OF CUT
Prism Tally:
m2/ha
Basal Area Factor:
STAND ANALYSIS FOR HARVEST OR INTERMEDIATE CUTTING
OWNERSHIP:
ACREAGE:
ADDRESS:
PROPERTY
LOT:
CON:
HEIGHT:
TOWNSHIP:
COUNTY:
CRUISED BY:
DATE INSPECTED:
STAND #
( TOTAL TREES (
) X 2 BAF) / # OF STATIONS (_) =
m2/ha
STATIONS:
1
2
3
4
5
6
7
8
9
10
11
12
TREE SIZE
CLASSES
POLE
SMALL
MEDIUM
LARGE
X-LARGE
TOTAL
10 - 24 cm
26 - 38 cm
40 - 48 cm
50 - 60 cm
62+ cm
SPECIES
AGS
UGS
AGS
UGS
AGS
UGS
AGS
UGS
AGS
UGS
AGS
UGS
TOTAL
TREES
BA (m2/ha)
BA (m2/ha)
TOTAL
TARGET BA
(m2/ha)
NOTE: The Basal Area sample points used to develop this prescription must be clearly marked with the closest tree
(>16cm DBH) to the centre of the sample point encircled with the paint at DBH
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 trails been delineated? (If NO, refer to By-Law requirements)
Have arrangements been made to harvest the fuelwood from tree tops?
(If No, refer to By-Law requirements)
I agree that operations will be in accordance with the provisions of the County of Oxford Woodlands
Conservation By-Law No.6035-2018 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 Practice.
Further, I agree to contact the By-law Officer (in person at the County Administration Building, 21 Reeve
Street, Woodstock) or Customer Service at [email protected]; or by fax: 519-537-1053,
24 hours prior to commencing the 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
Please circle the appropriate response:
The OPFA member was employed by:
Landowner
Contractor
Other
The Tree Marker was employed by:
Landowner
Contractor
Other
Will the OPFA member or Tree Marker be monitoring the harvest for contract compliance?
Yes
No
I UNDERSTAND THAT UNDER THE AUTHORITY OF THIS BY-LAW AND THE MUNICIPAL ACT, R.S.O. 2001, C.25,
AN APPOINTED OFFICER CAN ENTER THE DESCRIBED PROPERTY FOR THE PURPOSES OF UNDERTAKING
AN INSPECTION.
FURTHER, I UNDERSTAND THAT IF THE WOODLANDS WILL NOT BE HARVESTED WITHIN 24 MONTHS FROM
THE RECEIPT OF THIS NOTICE OF INTENT, THE NOTICE OF INTENT WILL BE VOIDED.
THE LANDOWNER, BY SIGNING THIS APPLICATION, ACKNOWLEDGES AND AGREES TO ALL TERMS AND
CONDITIONS OF WOODLANDS CONSERVATION BY-LAW NO. 6035-2018.
SCHEDULE "D"
By-Law No. 6607-2024
COUNTY OF OXFORD
NOTICE OF INTENT - CIRCUMFERENCE HARVEST
PURSUANT TO WOODLANDS CONSERVATION BY-LAW NO. 6035-2018
Completed Application must be received by the By-law Officer at least 10 business days prior to the
commencement of the harvest, destruction or injury of trees. All sections must be filled out completely, to
the satisfaction of the By-law Officer.
Please submit the completed application to County of Oxford Customer Service, P.O. Box 1614, 21 Reeve
Street, Woodstock, ON N4S 7Y3 or by e-mail to [email protected] or by fax to 519-
537-1053.
The By-law Officer can be contacted at 519-539-9800, or by e-mail at [email protected].
PLEASE PRINT CLEARLY
Property Owner:
Address:
Postal Code:
Phone: Residence
Business
Fax
E-mail
Contractor:
Address:
Postal Code:
Telephone:
Fax:
E-mail:
On Site Person in charge of harvest of trees:
Expected starting date:
Subject Property: Location
Lot:
Concession:
911 Address:
Municipality:
Reason for Removal:
Commercial Timber Harvest
Stand improvement
Firewood Removal
Other
Approximate size of woodland:
Area of harvest (indicate on sketch):
Trees marked by:
Address:
Telephone:
E-mail:
Qualifications:
It is the responsibility of the owner or authorized agent to have marked with paint, on 2 sides, and at the
base all the trees to be harvested with this Notice of Intent.
If the woodland will not be harvested with 24 months of receipt of this Notice of Intent, it will become null
and void.
The Notice of Intent or copy must be on site at all times and in possession of the person in charge of
cutting.
Each copy of the application must be accompanied by a sketch showing:
a)
the location of subject property, its boundaries and dimensions, including names of all
road allowances, streets or highways abutting the property;
b)
location of woodlands on subject property (including approximate dimensions);
c)
abutting land owners;
d)
the distance between the subject land and the nearest township lot line or appropriate
landmark (e.g. bridge, railway crossing, etc.);
TREE HARVEST SUMMARY
(A legible tally sheet can be substituted and attached)
Tree Species
No.
SKETCH PLAN
USE THIS PAGE FOR SKETCH PLAN AND RETURN WITH APPLICATION
FORM.
Indicate North
Total Trees
If the landowner is selling standing timber to a contractor for removal, has a contract been
signed between the landowner and the contractor? YES
NO
I agree that all tree cutting will be in accordance with the provisions of the County of Oxford Woodlands
Conservation By-Law No. 6035-2018, and that I am familiar with the components and requirements of this
By-Law and acknowledge having received a copy thereof.
Further, I agree to contact the By-law Officer (in person at the County Administration Building, 21 Reeve
Street, Woodstock or Customer Service at [email protected]; or by fax: 519-537-1053, 24
hours prior to commencing the harvesting of trees.
DATED at
this
day of
, 20 .
Signature of Contractor
Signature of Landowner or Authorized Agent
SCHEDULE "E"
By-law No. 6607-2024
APPLICATION FOR ADMINISTRATIVE AND/OR
COMMITTEE EXEMPTION
Completed Application, including the application fee, must be received by the By-law Officer at
least 30 business days prior to the commencement of the harvest, destruction or injury of trees.
All sections must be filled out completely, to the satisfaction of the By-law Officer.
Payment may be made by cash, cheque or credit card. Cheques should be made payable to the
Corporation of the County of Oxford in the amount as indicated in Schedule "A", as amended from
time to time.
Please submit the completed application to County of Oxford Customer Service, P.O. Box 1614,
21 Reeve Street, Woodstock, ON N4S 7Y3 or by e-mail to [email protected] or
by fax to 519-537-1053. The By-law Officer can also be contacted at 519-539-9800, or by e-mail
at [email protected].
PLEASE PRINT CLEARLY
Name(s) of Registered Owner
Address:
Postal Code:
Telephone: Home:
Business:
Fax:
E-Mail:
Applicant (if other than the registered owner)
Location of Trees Affected/Ownership
Municipality:
Assessment Roll #:
Lot:
Concession:
911 Address:
Is the property owned by the 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 property
was purchased.
Property/Forest Description
This application is requesting permission to remove the following: (please indicate)
Total area:
Hectares:
Acres:
Total Woodland size on property:
Hectares:
Acres:
Tree species to be destroyed on the described land:
This Exemption is requested for the following reasons, including description of end use after trees have
been destroyed:
Is the applicant willing to offset the destruction of trees on the subject property through replanting
trees on the said property?
YES
NO
If the applicant cannot replant in lieu of destruction is the applicant willing to make payment in lieu
of destruction?
YES
NO
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 County Clerk.
Owner
Date
Applicant
Date
SCHEDULE "F"
PUBLIC NOTICE
WOODLANDS CONSERVATION
BY-LAW NO. 6607-2024
This posted notice does not imply unrestricted access.
Interested parties must receive permission to enter these
forested lands from the landowner.
AN
APPLICATION
FOR
AN
EXEMPTION
TO
WOODLANDS CONSERVATION BY-LAW NO. 6035-2018
HAS BEEN RECEIVED BY THE COUNTY OF OXFORD
AFFECTING THESE LANDS.
Municipality:
Assessment Roll #:
Lot:
Concession:
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:
Community Planning Office
County of Oxford,
P. O. Box 1614, 21 Reeve Street
Woodstock, ON N4S 7Y3
This Notice is posted under the authority of the County of
Oxford Woodlands Conservation By-Law No. 6035-2018
This Notice is to remain posted no less than ten (10) business days
prior to the consideration of this application.
FURTHER
INFORMATION
OR
WRITTEN
NOTICE
IS
AVAILABLE FROM
Community Planning Office
519-539-9800 or by e-mail at [email protected]
SCHEDULE "G"
By-law No. 6607-2024
ORDER TO DISCONTINUE
ACTIVITY
MUNICIPAL ADDRESS/LEGAL DESCRIPTION OF THE PROPERTY:
LOT:
CONCESSION:
MUNICIPALITY:
OWNER/INDIVIDUAL RESPONSIBLE FOR DESTRUCTION OR INJURY OF TREES:
DESCRIPTION OF INFRACTION:
Date of Inspection:
Effective Order Date:
To:
Signature of Officer:
Date:
YOU ARE HEREBY DIRECTED AND ORDERED TO forthwith stop, halt, cease and
desist from any and all works associated with the destruction of trees or removal
thereof from those lands comprising;
SCHEDULE "H"
By-law No. 6607-2024
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 whole 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 m (98.5 ft) along a fixed compass bearing through
a forest stand in which harvesting has occurred. The first point sample will be placed 50
m (164 ft) from the ecological boundary of the woodland. No less than 4 point samples
will be taken along a compass bearing through a forest stand. If the width of the forest
stand is greater than 130 m (426 ft), two parallel lines spaced 50 m apart shall be
established along the fixed compass bearing through the centre of the forest stand where
the harvesting has occurred. 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 90o from the compass bearing from
the 1st line.
3. Where the width, length, shape or topography of a forest stand does not allow for the
minimum placement of point samples within the required configuration outlined in Section
2 above, a random placement of sample points shall be used to assess overall average
basal area, provided there is at least 50 m (164 ft) between all point samples.
See sample illustration below:
Line #1
Line #2
4. Where the width of the woodland does not allow the 30 m (98.5 ft) fixed compass bearing,
one line will be established along a fixed compass bearing down the centre of the
woodland.
The following format will be used in calculating average basal area per hectare:
Stations Tallied
STATIONS:
1
2
3
4
5
6
7
8
9
10
11
12
TREE SIZE
CLASSES
POLE
SMALL
MEDIUM
LARGE
X-LARGE
TOTAL
10 - 24 cm
26 - 38 cm
40 - 48 cm
50 - 60 cm
62+ cm
SPECIES
AGS
UGS
AGS
UGS
AGS
UGS
AGS
UGS
AGS
UGS
AGS
UGS
** Total Number of Trees (
) x Basal Area Factor (
) = (
) Overall Average BA/Ha
# of Stations (
)
Basal Area Calculation and Assessment
To assess tree infractions, a minimum of 1 plot per hectare will be established for areas up to 10
ha (25 ac), and 1 plot for every additional 5 ha (12 ac). Plots will be placed 80 m (262 ft) apart
and 40 m (131 ft) from stand edges.
In cases where the maximum DBH encountered is less than 60 cm (24 in), the plot distance may
be 60 m (197 ft) and 30 m (98.5 ft) from the stand edges. In any case sampling is to be done by
a method customarily used in forestry practice.
SCHEDULE "I"
By-law No. 6607-2024
NOTICE of TREE HARVEST
DO NOT ENTER during harvesting for your own safety.
This notice does not imply unrestricted access.
Permission to enter these lands must be granted by 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 Oxford Woodlands
Conservation By-Law No. 6035-2018.
This Notice is to be posted prior to the commencement of harvest and remain posted no
less than 10 days after completion of harvest. Failure to post and removal prior to this
period is a chargeable offence.
If you should have any questions or concerns regarding this timber harvest, please
contact:
County of Oxford Customer Service at 519-539-9800 or via e-mail at
[email protected]
TICKETABLE OFFENCES
SHORT FORM WORDING
Offences Creating
Provision
Set Fine,
includes Court
Costs
Failing to notify the County of Oxford prior to the injuring
or destruction of trees by the landowner or person acting
on behalf of the landowner.
Sections 8(a) and 8(b)
$400.00 plus court
costs
Failure to erect a sign
Section 8(d)
$400.00 plus court
costs
Failure to give 24 hours notice.
Section 8(e)
$400.00 plus court
costs
Contravening the conditions of a Permit.
Sections 8 and 11(a)
$400.00 plus court
costs
Attempt to obstruct an Officer.
Section 12(d) and 12(e)
$400.00 plus court
costs
6607-2024 Woodlands Conservation ByLaw
Final Audit Report
2024-01-24
Created:
2024-01-24
By:
Chloe Senior ([email protected])
Status:
Signed
Transaction ID:
CBJCHBCAABAAYjaqI8wUUHyA-PUqPKOTxP627CPzv9vY
"6607-2024 Woodlands Conservation ByLaw" History
Document created by Chloe Senior ([email protected])
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Signer [email protected] entered name at signing as Marcus Ryan
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Agreement completed.
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