Tree permits and the tree bylaw in Metchosin

Metchosin's tree bylaw is the District of Metchosin Tree Management Bylaw, No. 287. The District's Tree Cutting Permits page says this bylaw regulates the removal of trees in Metchosin. Section 2 of the bylaw repeals the older Metchosin Tree Cutting Bylaw No. 131, 1991, and its amendments.

The copy of the bylaw on the District's CivicWeb site is a consolidation dated 2013. A consolidation combines the original bylaw and later changes into one document, for convenience only.

Section 8(1) sets the general rule. No person may cut down any tree except in accordance with a permit. Section 3(d) says Section 8 applies to all other lands in the District. Sections 3(a) to 3(c) apply Sections 9, 10 and 11 to shoreland slopes, significant trees and riparian areas.

Section 5(20) defines a tree as any living, erect, woody plant 10 cm (3.9 inches) or more in diameter. Under Section 5(8), diameter is the trunk's circumference measured 1.4 metres (4.5 feet) above the ground, divided by 3.142.

Under Section 5(5), to cut down a tree means to kill or remove it by any means. This includes topping a tree and removing any branch or trunk more than 10 cm (3.9 inches) in diameter. It does not include normal pruning.

Other sections set their own permit rules for these trees:

• A protected tree, such as a Garry Oak or an Arbutus (Section 10.1)
• A significant tree listed on Schedule A of the bylaw (Section 10)
• A tree growing within a Riparian Assessment Area, which is land along a stream (Section 11)
• A tree in the Shoreland Slopes Development Permit Area, a mapped area shown on Schedule C (Section 9)

Section 5(13) of the bylaw defines a protected tree. The definition names nine species: Garry Oak, Arbutus, Pacific Dogwood, Pacific Yew, Cascara, Manzanita, Seaside Juniper, Trembling Aspen and Oregon Ash. It also covers any native tree over 1 metre DBH.

Section 5(6) defines DBH, or diameter at breast height. It is the diameter outside the bark, 1.2 metres (4.0 feet) above the highest point on the tree where the ground meets the stump. This is a different measurement from the diameter used in Section 5(8).

Section 10.1(1) says no one may cut down a protected tree except in accordance with a permit. Section 10.1(3) makes one exception for Arbutus. A permit is not required to cut down no more than 10 Arbutus trees under 0.5 metres DBH. That limit applies to a particular 4,000 square metre area of a lot in any 12-month period.

A significant tree is a separate category. Section 5(19) defines it as a living, erect, woody plant listed on Schedule A of the bylaw. Under Section 10(1), cutting down a significant tree also needs a permit.

Schedule A may change. The minutes of the District's Parks and Trails Advisory Select Committee meeting of May 20, 2025 include a summary of the Environmental Advisory Select Committee's April 22, 2025 minutes. That summary records discussion of removing Schedule A (Significant Trees). It says Council will consider this as part of an overall review of the Tree Management Bylaw. If a tree on your lot is on Schedule A, confirm with the District that the schedule still applies.

Section 11(2) of the bylaw requires a permit to cut down a tree growing within a Riparian Assessment Area. Riparian means the land along the banks of a stream. Section 11(1) says that in this section, a tree means any living, erect, woody plant. Unlike the general definition in Section 5(20), it sets no minimum size, so small woody plants are covered too.

Sections 5(16) and 5(17) give Riparian Assessment Area the same meaning as in the B.C. Riparian Areas Regulation, BC Reg. 837/2004. The bylaw does not refer to the newer provincial regulation described below. The District can tell you how it applies this definition today.

Section 9(1) requires a permit to cut down a tree in the Shoreland Slopes Development Permit Area. Schedule C of the bylaw maps that area. Section 9(2) lists cases where the Clerk shall issue that permit. They include a dangerous tree, and a tree that could cause the shoreland slope to fail or slip if it fell.

A provincial regulation also covers land near streams. It is the Riparian Areas Protection Regulation, British Columbia Regulation 178/2019 (B.C. Reg. 178/2019). Under section 8(1), the riparian assessment area for a stream is a 30 metre strip on each side, measured from the stream boundary. Section 8(2) sets different rules for a stream in a ravine.

The regulation applies only to some kinds of development near some streams, and it is applied through the District. Before you remove trees or other plants near a stream, ask the District whether it applies to your site.

Section 8(2) of the bylaw lists cases where a permit is not required. They count only when none of the trees to be cut are in a Riparian Assessment Area. One case is a dangerous tree.

Another case is small-scale cutting. The limits apply to a particular 4,000 square metre (about 0.98 acre) area of a lot, in any 12-month period. A lot smaller than 4,000 square metres is treated as 4,000 square metres. Within that area and period, the limits are:

• Up to 50 trees that are 18 centimetres (cm), about 7 inches, or less in diameter
• Up to 10 trees that are more than 18 cm (7 inches) in diameter

Section 8(2) begins with the words Despite subsection (1). It is an exception to the general rule in Section 8(1). It does not lift the separate permit rules for protected trees (Section 10.1), significant trees (Section 10) or trees in the Shoreland Slopes Development Permit Area (Section 9). For Arbutus, Section 10.1(3) has its own limit, described in the protected trees section above.

Section 13(1) allows a dangerous tree to be cut down despite the rest of the bylaw. This applies if the tree is in imminent danger of falling and injuring people or property. Section 13(2) adds two duties if the tree was a significant tree or was in the Shoreland Slopes Development Permit Area. The same duties apply if it was cut down within a Riparian Assessment Area. The person who cut it down must report it to the Municipality within 3 days. The stumps and roots must not be removed without the Municipality's specific written permission.

In the bylaw, the Clerk means the Clerk of the District of Metchosin or a person the Clerk has authorized. Under Section 18, the Clerk may ask for written confirmation from a certified arborist or a professional forester. The letter would confirm that the tree was dangerous, or met the emergency removal criteria. The applicant or owner pays for it.

The District asks residents who need to remove trees to call Municipal Hall first and speak to staff about the project before they begin. The phone number is on the District's Tree Cutting Permits page. Municipal Hall is at 4450 Happy Valley Road, Victoria, BC V9C 3Z3.

Section 14(4) of the bylaw describes what an application must include. Two of the requirements are:

• A plan of the lot showing the location, species and diameter of each tree you propose to cut down
• Flagging on the lot that marks each tree you propose to cut down

Section 19 of the bylaw deals with replacement trees. Its duties apply only in two cases. One is where replacement is a condition of a permit, which Section 15(a) lets the Clerk require. The other is where someone cuts down a tree in breach of the bylaw or of a permit. In those cases, Section 19(1) requires a replacement tree, planted within a time set by the Clerk. Section 19(1)(a) covers a significant tree that is cut down or damaged. The replacement must be the same species as the tree cut down or damaged. It must also be the largest size available from a commercial nursery on Vancouver Island.

Section 19(1)(b) covers a tree in the Shoreland Slopes Development Permit Area that is not a significant tree. The replacement must be of a species and size suited to holding the soil on the slope, in line with sound soil engineering practice. Section 19(1)(c) covers a tree that is not a significant tree in any other area. A conifer must be replaced with a conifer, and a deciduous tree with a deciduous tree. In either case, the replacement must be the largest size available from a commercial nursery on Vancouver Island. Section 19(2) also requires the replacement tree to be watered, fertilized and maintained in line with sound horticultural practice.

In the same cases, Section 19(3) requires security of 120% of the total cost of replacing the tree and maintaining it for 3 years. Section 5(18) defines security as cash or an irrevocable letter of credit, in a form the Municipality accepts. An irrevocable letter of credit is a bank's promise to pay that cannot be withdrawn.

Metchosin's Official Community Plan (OCP) also mentions trees. The policies below come from the April 2025 consolidation of the plan. Policy 2.14.7(3) deals with the Bilston Floodplain Development Permit Area. It exempts tree cutting from that area's requirements when the cutting is already exempt from a Tree Cutting Permit under Bylaw No. 287.

Policy 2.12.2 says Council shall consider and adopt a range of measures to encourage the preservation of trees. One example is continuing to monitor the existing Tree Cutting Permit process. Another is extending the Tree Cutting Bylaw to include all lands within 15 metres of the natural boundary of any creek, stream or watercourse. Section 11 of Bylaw No. 287, described above, covers trees in Riparian Assessment Areas.

The CivicWeb copy of Bylaw No. 287 says it was consolidated for convenience only. Its cover is dated September 2013, and its page headers read October 2013. The notice asks readers to contact staff to check that the document reflects the most current bylaw provisions.

The amendment lists in that copy also disagree. The cover lists bylaws 287, 517, 526, 534, 587 and 597. A note in the body lists only 287, 517, 526 and 534. District staff can tell you which provisions are in force today.

The 2013 copy sets a minimum fine of $500.00 for each tree cut without a permit, in Section 24(1). Section 24(2) sets a fine of not more than $10,000.00 for each tree unlawfully cut or damaged, up to $100,000.00 per offence. These amounts come from the 2013 copy, so confirm them with the District.

We can identify each tree's species, measure its diameter and mark it on a site plan for your application. We write arborist reports and tree protection plans for building projects, and we assess tree risk when a tree may be dangerous. We are a consulting business, so we refer hands-on tree work to partner contractors.