London is now in Step 3 of the Provincial Roadmap to Reopen. In alignment with Step 3, the City of London has expanded additional in-person City services in accordance with the new regulations.
The City of London Municipal Council approved the new City of London Tree Protection By-law C.P.-1555-252 at its November 24, 2020 meeting with it going into effect March 1, 2021. Residents, industry experts, prior users of the permitting system and the Trees & Forests Advisory Committee were consulted as part of the crafting of the by-law. If you have any questions, please email email@example.com
Select this if you need an application to destroy a dead Distinctive Tree and the tree meets the following criteria: trunk diameter of 50cm or greater; and located within the Urban Growth Boundary (but not in a Tree Protection Area); and is dead or is in advanced and irreversible decline in health or condition (only if as a result of natural causes)
Select this if you need an application to destroy or injure a Distinctive Tree and the tree meets the following criteria: trunk diameter of 50cm or greater; and located within the Urban Growth Boundary (but not in a Tree Protection Area); and does not meet the definition of a Dead Distinctive Tree.
This is an application for a Permit to Destroy or Injure a Tree or Trees in a Tree Protection Area. You can use this application if the Tree(s) it is located within a Tree Protection Area on Schedule B of this By-law.
These questions were asked by participants at an on-line meeting held with industry partners on February 18, 2021. The goal of the meeting was to introduce the new Tree Protection By-law C.P.-1555-252, discuss major changes and highlight the application process. There were approximately 40 participants from various fields such as tree care companies, landscape architects, Registered Professional Foresters and consultants.
Arborists are encouraged in their Arborist Report to specify a size of replacement tree that will satisfy the landowner. Routine acceptable size can be If a “not less than” size is imposed in the permit conditions a landowner can plant a tree that exceeds the minimum size imposed but may not plant smaller.
Replacement trees are required to be planted for all but Dead Distinctive Tree (DDT) permits. Where a Distinctive Tree was destroyed, a replacement tree(s) will be required to be planted, the number of replacement trees varying with trunk diameter as per Schedule A.
In Tree Protection Areas replacement trees may be planted, established by natural regeneration, or seeded, this will be determined on a site-by-site basis. All required replacement trees and whether they are to be planted, established naturally, or seeded, will be specified in the permit conditions.
Not necessarily. The City may encourage evergreen trees to be planted if these are under-represented locally, but there is nothing within the by-law that requires like-for-like. Arborists are welcome to say if the landowner has any preference for the species or a range of preferred species in their Arborist Report.
The replacement for a Distinctive Tree is not going to be large enough to be protected as a Distinctive Tree. Unfortunately, once the planted replacement tree(s) has/have been confirmed to be planted with the conditions of the permit there will be no further follow up. This is why it is so important to work with the landowners when selecting replacement trees that they would appreciate and care for them over the long-term.
In Tree Protection Areas, where trees of all sizes are protected, the by-law will protect those replacement trees i.e. staff can enforce the by-law as necessary.
That sounds ideal! Yes, please email tree planting pictures to firstname.lastname@example.org before the permit expires.
Not likely in that specific scenario. Most of our agricultural hedgerows are outside the Urban Growth Boundary where there are, by definition, no Distinctive Trees. Normal farm practices and the protected rights to farm are as legislated by the Farm & Food Production Protection Act. What is “normal”, however, is not for staff to decide; that is the jurisdiction of the Normal Farm Practices Board. If the by-law is enforced in Tree Protection Areas that are farmed this may lead to a hearing at the Normal Farm Practices Board.
It is not a natural death, but does this fall under DDT?
It could be an opportunity to educate the client about their tree and impacts to them from construction. There are many informative pamphlets that can assist tree owners about tree care at the International Society of Arboriculture (ISA) Trees Are Good webpage.
Correct, that is not a natural death and as such the DDT does not apply. An application through the Distinctive Tree stream where an Arborist Report is required would be the appropriate process in this case.
Good question! This is almost impossible to determine until staff have an application before them. Generally, any application for woodland management purposes in a Tree Protection Area will always require an additional Silvicultural Prescription or Tree Management Plan.
Some other examples could include the following:
At this time, changes have not been confirmed so it is unknown what those changes will include. However, it will be up to the individual submitting the report to ensure that they are complying with the Foresters Act.
Cash-in-lieu is not a term used in the bylaw. The funding that is required is a result of required Replacement Trees. This funding is a “fee”, it must be paid before the permit can be issued and is non-refundable.
No. Whereas, this is a “fee” it is non-refundable.
It is a fee imposed for not having adequate space to plant a required replacement tree on the same lands from which the original tree was removed.
Absolutely, we all make mistakes. There is no undermining intended in requiring full, complete, accurate applications as required by the by-law. Staff work with contractors routinely through the application process. However, in some cases, information is not forth coming after months of requests. This is time consuming and creates issues trying to keep track of files. Under this bylaw staff will offer a second chance to complete the application requirements by a specified date before it will be closed for incompleteness. The applicant will have to resubmit the application.
Thank-you for the suggestion. Yes, that is correct, all landowners must submit separate applications. This is because boundary trees are the property of all landowners. It would be quite okay to just write on the form that another application(s) is expected.
We will consider including a check box on the application form or a” boundary tree package” application.
This is to help when there is an appeal with the Hearings Officer and having to educate them on industry terms. If you use a technical term, explain what it means. For example, what does AGS and UGS mean? If you write “included bark” please explain what that means.
No. There are still backyards with TPA. Please always check on the City of London’s CityMap if the address is included in the TPA. To do this enter the address in the “find address or place” search field and check the Tree Protection Area box on the layer list. If you need any assistance with this, please email email@example.com
Yes, you are correct. The landowner will be informed that an Arborist Opinion or Arborist Report is required for all application types. Without them, the application will be deemed incomplete and will not be processed.