Tree permits and protected trees in Esquimalt

The Corporation of the Township of Esquimalt protects trees through the Tree Protection Bylaw, 2022, No. 3076. The Township's bylaw page gives its purpose as "To provide for the protection of trees." The bylaw text says Council adopted it on June 19, 2023. Section 15 repealed the older Tree Protection Bylaw, 2015, No. 2837.

The bylaw and the Township's bylaw page call it the 2022 bylaw, even though Council passed it in June 2023. Council file 23-019 lists its status as Passed. We have not checked for amendments made since it was adopted.

Section 4(1) says no one may cut or prune a protected tree, or allow it to be cut or pruned, except as the bylaw allows. That means under a permit issued under the bylaw, or an order from Council. Section 5 lists the cases where no permit is needed. The Township's trees page says you need a permit to cut, remove or alter a protected tree. In the bylaw, "the Director" means the Township's Director of Parks and Recreation Services.

Schedule A of the bylaw sets out which trees are protected. A tree can qualify because of its species, its size or the way wildlife uses it. Size is often given as DBH, short for diameter at breast height. Schedule A defines it as the diameter of the tree 1.4 m (4.6 feet) above the highest point of natural ground at the base of the tree. For a tree with more than one stem, the three largest stems are each measured at that height, and the DBH is the total of those three. For example, three stems of 12 cm each give a DBH of 36 cm.

The list below covers part of Schedule A, not all of it, so a tree that is not listed may still be protected. Protected trees include:

• Any native tree, including Arbutus, Big Leaf Maple, Garry Oak, Pacific Dogwood and Pacific Yew, with a DBH of at least 4 cm at 1.4 m above the ground
• Any native tree, including Douglas Fir, Grand Fir and Western Red Cedar, that has reached at least 4 m in height above natural ground level
• Any tree of any species with a DBH of 30 cm or more
• A tree with signs of nesting or use by raptors, osprey or a heron colony

Under Section 5(1)(h), you can prune branches less than 10 cm in size on any tree without a permit. The work must follow International Society of Arboriculture (ISA) standard practices. It must also be for a purpose such as tree health and growth, or to reduce danger to people or property. The Township's trees page also says pruning cuts should follow ISA practices.

For a neighbour's tree, the trees page says you may prune overhanging branches less than 4 inches in diameter. If the limb is more than 4 inches in diameter, you need to apply for a tree cutting permit.

Section 5(1)(a) lists two cases where no permit is needed. The first is a hazard tree. The bylaw defines this as a protected tree with a defect that makes it much more likely to fail and injure someone or damage property. A Qualified Tree Risk Assessor must make that call, so an owner cannot decide alone that a tree is a hazard tree. This means a person qualified by the International Society of Arboriculture as a Tree Risk Assessor, or by the Province of British Columbia as a Wildlife/Danger Tree Assessor.

The second case is a protected tree so damaged by wind, landslide or other natural causes that it puts people or property in immediate danger. In either case, the owner must report the cutting to the Director by the end of the next business day, with written reasons and photos.

Under Section 8(2), the Director may issue a permit without an application, more information or a fee. This needs a report from a Certified Arborist, a person certified by the International Society of Arboriculture. The report must certify that the tree is a hazard tree, is dead, or is diseased or damaged enough that it may be a danger to people or property.

The trees page words this differently. It says the permit rule includes trees that are dead, dying or hazardous. It also says a permit may be needed to remove or significantly prune a tree, even if it fell. Ask the Township which rule applies before you act.

The trees page sets a non-refundable application fee of $30 for the first three trees and $5 for each tree after that. Section 6(1)(f) of the bylaw sets the same amounts. The page says you can download a Tree Cutting Permit Application, or pick one up at the Esquimalt Recreation Centre at 527 Fraser Street. It also lists a trees email contact for questions.

Under Section 6(2), if the Director has concerns about construction, demolition, excavation or slope stability, you could be asked for more information. This can include a report from an arborist or a registered forester. That report must be clear and complete enough that the municipal arborist does not need to visit the site. If cutting would happen on a slope steeper than 30 percent, it can also include a report from a qualified professional.

If you get a tree cutting or removal permit, the trees page says you must plant a replacement tree within the time set on the permit. If you must provide replacement trees or restore the site, Section 7 requires a security deposit before the permit is issued. It must be cash or an irrevocable letter of credit. It equals the full value of the replacement trees, including one year of planting and care, plus the full cost of site restoration.

Section 9(1) says you must plant replacement trees up to the value shown in a valuation report prepared by a Certified Arborist. That amount cannot be less than $300 for each protected tree proposed to be cut. This rule does not apply to a permit that only allows pruning.

Section 9(2) sets how many replacement trees you need for each tree cut. The number depends on the species and the size of the tree removed:

• Arbutus, Big Leaf Maple, Garry Oak, Pacific Dogwood and Pacific Yew are measured by DBH. They need none under 4 cm, one for 4 to 20 cm, two for 20 to 40 cm, and three over 40 cm
• Douglas Fir, Grand Fir and Western Red Cedar are measured by height. They need none under 1.2 m tall, one for 1.2 to 6 m, two for 6 to 12 m, and three over 12 m
• All other tree species are measured by DBH. They need none under 30 cm, one for 30 to 45 cm, two for 45 to 60 cm, and three over 60 cm

Section 8(13) applies if you hold an approved building or demolition permit for work on a property that has a protected tree on it. It also applies if your property's boundary is next to municipal or private property that has a protected tree on it. So a protected Township tree beside your lot counts, not only a neighbour's tree. You must meet all of the conditions in Section 8(13), to the Director's satisfaction. One of them applies before excavation, blasting, construction or other work that could damage trees. You must first put up a tree protection barrier, or take other protective steps the Director approves.

Schedule A describes the barrier. It is a sturdy, continuous barrier or fence at least 1.2 metres high, placed outside the drip line of the tree being kept. The drip line is the ground under the outer edge of the branches.

If a tree gets in the way of construction and there is no other option, the trees page says you need a permit to cut, remove or alter it.

Section 13(1) of the bylaw sets a maximum fine of $10,000 on conviction. Each day an offence goes on is a separate offence. Each protected tree that is cut, pruned or damaged is also a separate offence.

The Township's trees page says fines range from $250 to $10,000, depending on the circumstances. The bylaw text gives only the $10,000 maximum. It does not mention the $250 figure.

We can measure trunk diameters and identify species, so you know which of your trees may be protected before you apply. If the Township asks for an arborist report, we can write it. On building sites we prepare tree protection plans and can use Air Spading to uncover roots with less damage. We do not do pruning, removal or planting ourselves. We refer that work to local partner companies.