A Severn Township resident is concerned with a proposed tree conservation bylaw that could restrict some residents’ abilities to remove trees on their properties.
The draft bylaw proposes restricting the destruction of trees on a variety of township lands, except when a permit is obtained, with $1,000 fines proposed for violating various aspects of its terms.
As drafted, the bylaw will apply to all lands within 60 metres of a navigable waterway, if the lands are within the township’s shoreline residential designation or located within the greenland, natural heritage, or environmental protection area designations of the township.
The bylaw will also apply to all township lands located on islands.
For Keith Prentice, who owns more than 100 acres of forested land in the township — portions of which contain an environmental protection designation and a marsh and stream — the proposed bylaw raises questions about what he will be permitted to do on his property.
With invasive buckthorn on portions of his land, as well as an abundance of trees, Prentice told OrilliaMatters he actively manages trees on his property with the assistance of a forester.
“I have a fairly large piece of property and I bought it because it was forested. I've done a managed forest plan; I'm actively involved in maintaining my property, and I don't honestly understand if this is affecting me or not,” he said.
“If I'm doing my best effort to maintain my tree cover and my forest cover, and I could be in violation of a township bylaw in doing that, that's obviously a concern of mine.”
Given the environmentally protected area of his property, as well as the stream that runs through a portion of it, Prentice also has questions about whether that watercourse meets the bylaw’s criteria as a “navigable waterway.”
“They say navigable waterway, and then a navigable waterway is basically described as capable of affording reasonable passage of watercraft,” he said, referencing the draft bylaw. “What does that mean? Is that a canoe, is that a kayak? Is that an inner tube?”
Numerous exemptions are laid out in the bylaw, such as the removal of dead or severely damaged trees or stumps, removing trees measuring less than 1 inch in diameter at breast height, pruning branches, and more.
The bylaw will be subject to a public meeting and open house on March 20, scheduled for 9 a.m. and 6 p.m., respectively, which Prentice encourages members of the public to attend.
“I want to make sure that people in Severn Township are informed and that they know that this public meeting is coming up, and they can go to the meeting and have their say,” he said.
Prentice made a post about the draft bylaw on a Coldwater social media page, which garnered dozens of comments, with some raising concerns about how the bylaw could impact their properties.
Mike Burkett, Severn’s mayor, said the bylaw is not meant to apply to all properties in the township, but properties on the water or with navigable waterways.
The idea to introduce the bylaw, Burkett said, took root when a Gloucester Pool resident clearcut a waterfront property to build a cottage in recent years, which prompted a council member to suggest the township adopt a tree bylaw similar to the one in neighbouring Georgian Bay Township.
The mayor, however, said he is opposed to the bylaw moving forward — noting the bylaw could create red tape for people trying to build homes.
“It adds another layer of bureaucracy that we don't need, like there's enough rules that you already have to abide by as far as pulling a building permit,” he told OrilliaMatters.
Burkett also argued the risk of clear-cutting on waterfront properties is relatively low.
“Yes, you'll take out certain trees, but anyone that wants their piece of property to be aesthetically pleasing … would leave the trees and somehow incorporate them into their building,” he said.
“For whatever reason, one person decided to clear it and this is where it stemmed from, but it's gotten blown out of proportion," said Burkett.
“I would bet 99 per cent of people wouldn't go in and clear cut beautiful trees on their property where they’re planning to build their dream home, right?”
The draft bylaw is still subject to council approval following the public meeting and open house, Burkett said.
“It isn't anywhere near approval,” he said. “It's just an information document that has come forward for council’s consideration but until we hold a public meeting and hear from the public, there's nothing that has been passed.”
Residents interested in attending the public meeting or open house may find more information here.
A draft site alteration and fill bylaw will also be discussed during the public meeting and open house.
