Tree permits in Highlands: what the Tree Management Bylaw protects

The District of Highlands names Tree Management Bylaw No. 10, 1994 as the bylaw that regulates and prohibits the cutting of trees in Highlands. The District's bylaw index lists it as number 0010, a land use bylaw. The bylaw's page on the District website links the full text as a PDF.

That PDF is an office consolidation, which is a copy that combines the bylaw with its later changes. It includes amendments up to October 15, 2001 (Bylaw No. 167). It says it may not contain the latest amendments and is not a certified copy. The District also says the bylaw copies on its website are not official versions and cannot be used in court. For an accurate, up to date copy, contact the District office.

The District's forms page also links a document titled Tree Cutting Bylaw. That file is the same PDF as Tree Management Bylaw No. 10, 1994, so both links lead to one bylaw.

The bylaw defines protected trees, and the District's tree page gives the same list. Most entries are tree species. Two entries depend on trunk diameter, which is the width across the trunk.

The bylaw measures diameter by taking the distance around the trunk 1.4 metres (4.5 feet) above the ground and dividing it by 3.142. For a tree with several trunks at that height, add the full diameter of the largest trunk to 60% of the diameter of each other trunk.

• Garry Oak (the list entry gives no size limit)
• Arbutus
• Pacific Dogwood
• Pacific Yew
• Cascara
• Manzanita
• Douglas Fir with a diameter greater than 60 centimetres (24 inches)
• Any tree with a diameter greater than 80 centimetres (31.5 inches)

The bylaw counts a living, upright woody plant as a tree if it is 5 metres (16.3 feet) or more tall. It also counts one that is 10 centimetres (3.9 inches) or more in diameter. Cutting down includes killing, removing or topping a tree, and removing any branch or trunk more than 10 centimetres across.

Two rules are tied to development permits. On land designated as an Environmental Protection Area, no tree may be cut down until both a development permit and a tree cutting permit are issued. A tree shown as "to be retained" on a plan attached to a development permit may not be cut down.

The bylaw also requires a permit before you do any of the following.

• Cut down a protected tree.
• Cut down a tree within 20 metres of a lot line that borders a highway, road or trail right-of-way.
• Cut down a tree within 10 metres of any other lot line.
• Carry out logging on a parcel. Logging is cutting down trees on a parcel. Cutting down 3 or fewer trees in any 0.4 hectare (1 acre) area of the parcel in any 12 month period, for any reason, is not logging. Cutting down trees that are dead, diseased or damaged by a natural cause is not logging either. A parcel smaller than 0.4 hectares (1 acre) counts as 0.4 hectares.
• Cut down a tree within 30 metres of the natural boundary of Millstream Creek, or within 15 metres of any other watercourse. The natural boundary is the visible high water mark. The bylaw defines a watercourse as a natural or man-made depression with well-defined banks and a bed 0.6 metres or more below the surrounding land. It must carry a current of water at least six months of the year, or have a drainage area of 2 square kilometres or more. This rule does not apply where a tree or its roots are blocking a watercourse or reducing its drainage capacity.
• Cut down a tree within 30 metres of the natural boundary of Teanook, Matson, Fizzle, Fork, Eagles, Mitchell, Second, Third or Pease Lakes. For any other lake, the distance is 15 metres.
• Cut down more than 2 trees in one calendar year growing on a steep slope that is not designated as an Environmental Protection Area. A steep slope has an average slope greater than 30% measured over 6 metres (19.7 feet). If you remove trees under this rule without a permit, you may not remove their stumps and roots from the steep slope without the Administrator's written permission.
• Do, or allow someone else to do, tree damaging work. This means cutting or damaging a tree's roots inside its drip line, or undermining them there. It also means placing fill, building materials, asphalt, a building or a structure inside the drip line, or removing soil from it. Driving trucks, backhoes, excavators or other heavy equipment over roots inside the drip line counts too. So does putting concrete washout, or another liquid or chemical harmful to the tree, inside the drip line. Denting, gouging or damaging the trunk, or removing bark, also counts. Blasting counts if it is inside the drip line, or outside it in a way that damages roots or disturbs soil inside it. The drip line is a circle on the ground around the trunk, reaching out as far as the outermost twigs. If the work may endanger the tree's health or life, the Administrator may refuse the permit or add conditions.

The Building Department issues tree cutting permits, along with building, plumbing and blasting permits. The District's forms page links the Tree Cutting Permit application form as a PDF. If you are unsure whether you need a permit, the District asks you to contact its office to confirm.

The bylaw sets the application fee at $25 for each 50 trees or part of 50. If the permit is not issued, any amount paid above $25 is refunded. The bylaw also asks you to state why the trees are to be removed and to flag or paint-mark each one. It says the application needs a plan showing the location, species and diameter of each tree to be cut down or to have tree damaging work done. The plan must also show where any construction, excavation or blasting is proposed in relation to the trees.

For a steep slope permit, the District may ask for a report from a qualified geotechnical engineer, at your cost. The report must show that the removal will not cause flooding, erosion, landslip or avalanche.

The form says that if the cutting is in a development permit area, you also apply for a development permit. It names steep slopes, land within 30 metres of a watercourse or wetland, and sensitive vegetation areas. The form's checklist asks for the following.

• The signature of each registered owner, or their written permission for an agent to act for them
• The application fee
• A Statement of Title for the property that is not more than two weeks old
• Copies of any registered encumbrances, such as covenants, rights-of-way and easements
• A written reason for the cutting
• Flags on the trees to be cut, on site
• A reduced plan on 8.5 by 11 inch paper, drawn to scale, showing existing and proposed buildings, property boundaries, driveways and nearby roads. It must also show natural site features near the proposed cutting area, including any existing treed areas. Steep slope areas need contour information. Residential Use Zones and Conservation Covenant Areas must be shown if they apply.

The District's tree page says removing a dead or dying tree may need a permit under the Tree Management Bylaw or a development permit area. Restrictions may also apply under land title covenants. A covenant is a written agreement registered on a property's title that can limit how the land is used.

If the bylaw would otherwise stop you cutting a tree, the owner can apply for a permit to cut down or prune it. This applies when the tree is dead, dying, severely damaged, unstable, or severely leaning and in danger of falling. It also applies when the tree is interfering with, or so close to, utility wires as to be a danger. The Administrator may then issue the permit. There is no charge for it.

Only in an emergency does the bylaw allow a tree or limb to be cut without a permit. Both conditions must apply: a natural cause has severely damaged it, and it is in imminent danger of falling and injuring people or property. If Council requires an owner to deal with a hazardous tree, no application fee is charged for the permit.

The bylaw lists its significant trees in Schedule A. They are Arbutus, apple, cherry and Bartlett pear trees at the Caleb Pike Homestead, 1589 Millstream Road. The bylaw says no person shall cut down a significant tree, and the District's tree page says this is strictly prohibited.

The District has six development permit areas (DPAs). A DPA is an area where extra rules apply before building or subdividing. The list includes Development Permit Area 1 for steep slopes, Area 2 for water and riparian areas, and Area 3 for sensitive vegetation. Riparian means the land along a stream, lake or wetland.

Inside a DPA, an owner must get a development permit before subdividing land or building, adding to or altering a building. All of Highlands falls under DPA 6. Its triggers include a new building or addition of 50 square metres or more once finished. Tree removal is not one of the triggers listed on the DPA 6 page.

The District says to review both its regulations and the Province's if you plan earthworks or construction within 30 metres (about 100 feet) of water. This applies to any watercourse or water body, whatever its size. The District lists earthworks or tree removal within 30 metres of water and riparian areas as one type of riparian application. It says all four general types need you to hire a Qualified Environmental Professional (QEP), such as a Registered Professional Biologist.

Under the bylaw, breaking any of its rules or the terms of a permit is an offence with a fine of up to $10,000. An owner or occupier who hires or allows someone else to cut down or damage a tree against the bylaw also commits an offence.

A person who cuts down or damages a tree against the bylaw or a permit must plant a replacement tree of the same species in about the same place. The District sets its size and the time to plant it. The person must also give the District security of 120% of the cost of replacing and caring for the tree for 3 years.

The District's Bylaw Department enforces municipal bylaws, and most concerns are dealt with in response to a complaint. Complaints must be in writing, unless they report an urgent contravention. A contravention is a breach of a bylaw.

British Columbia's Community Charter lets a council regulate, prohibit and impose requirements about trees by bylaw. The Charter also sets limits on tree-protection bylaws and on claims arising from them.

• A tree-protection bylaw does not apply to land where forestry practices are governed by a tree farm licence, permit, other authority or tenure under the Forest Act.
• A tree-protection bylaw does not apply to tree cutting or removal by a utility on land it owns or holds, for the safety, maintenance or operation of its infrastructure.
• Except as set out in section 50(3), no compensation is payable for a drop in land value caused by a tree-protection bylaw. The same applies to the issue or refusal of a permit under it.
• If a council delegates its tree-protection powers, the owner or occupier affected by the delegate's decision is entitled to have council reconsider the matter.

Oakstead Tree & Property Care is an arborist consulting business. We can identify the trees on your lot and measure their trunks, so you know what to ask the District. If your lot is near water or a steep slope, we can map the trees on a site plan. We write arborist reports and tree protection plans for permit applications. Vetted local partners do any pruning or removal.