Tree Permits and the Tree Protection Bylaw in View Royal
In the Town of View Royal, you need a tree permit to remove or alter a protected tree. The rules are in Tree Protection Bylaw No. 1069, 2022. The Town's permit page lists ten protected species, among them Garry Oak, Arbutus and Shore Pine. It also protects trees on Town-owned land, replacement trees and trees with raptor, osprey or heron nests. In its 2022 update, the Town says it raised the watercourse setback from 15 to 30 metres.
Oakstead Tree & Property Care is an arborist consulting business. If your project involves protected trees, we can prepare the arborist report for your permit application.
Official View Royal links
In plain words
Some View Royal trees are protected, such as certain species, large trees and trees on Town land. Cutting or changing one usually needs a Town permit first. So does cutting or changing any tree within 30 metres of the ocean, a stream or a lake. A tree on a steep slope needs one too, as does removing stumps and roots there. For each protected tree removed, you must plant two new trees. Rules change, so ask the Town first.
View Royal's Tree Protection Bylaw
The Town of View Royal's tree rules are in Tree Protection Bylaw No. 1069, 2022. Council adopted it on 15 February 2022. The copy on the Town's website also includes the changes made by Bylaw No. 1145.
The Town says the bylaw aims to recognize the loss of tree canopy, which is the cover formed by tree branches and leaves. It does this by regulating the cutting, removal and damage of trees.
The Town's permit page says you need a tree permit to remove or alter any tree that counts as a protected tree. The Town's Engineering & Parks Department handles these permits.
Steep slopes have their own rule. The bylaw says you need a tree permit to cut or alter any tree growing on a steep slope, or to remove stumps and roots of trees there. It defines a steep slope as any part of a property where the grade of incline is 2:1 or greater.
An application for a steep slope permit must include a report from a qualified geotechnical engineer, at the applicant's cost. The report must say the tree removal will not create a danger from flooding, erosion, landslip or avalanche. If the report calls for works, no permit is issued until the applicant provides a surety deposit. The deposit is 120% of the cost of the works, as estimated by the engineer.
The bylaw lists some exemptions. Cutting a branch of a protected tree that is less than 10 centimetres across does not need a permit. Neither does pruning a protected tree, meaning cutting branches under 10 centimetres across, when a certified arborist does the work. Removing a branch 10 centimetres or more across counts as altering the tree, and the bylaw requires a permit to alter a protected tree.
The same list of exemptions also says a tree permit is not required if the tree is not a protected tree. Ask the Town how this fits with the steep slope and watercourse rules before you cut.
The Town's summary page lists what changed in 2022. It added protected trees, widened the watercourse setback, removed a replacement exemption and set a next-business-day deadline for emergency removal notices.
This page summarizes the bylaw and the Town's web pages. The bylaw document is the legal text. Read it, or ask the Town, before you rely on any detail here.
Official sources for this section, as of :
Which trees are protected
The Town's permit page lists ten protected species. They are Garry Oak, Arbutus, Pacific Dogwood, Pacific Yew, Douglas Fir, Grand Fir, Big Leaf Maple, Sitka Spruce, Western Red Cedar and Shore Pine. The page names Shore Pine as Shore or Contorta Pine. Shore Pine was new to the list in 2022, the Town's summary says.
Trees above a set trunk size are protected too. Trunk size is measured as diameter at breast height (DBH). The bylaw measures it 1.3 metres above the highest point of ground at the tree's base. For a tree with several trunks, add the full diameter of the largest trunk and 60% of the diameter of each other trunk. For example, two 15 cm trunks count as 15 + 9 = 24 cm.
The bylaw and the permit page give different sizes. The bylaw says any tree greater than 20 centimetres DBH is protected. The permit page says greater than 30 centimetres. If a tree on your lot is between these sizes, ask the Town before you cut it.
The bylaw also protects the trees below. The permit page lists all of them except the last one. The Town's 2022 summary says several of these protections were added in that update.
- Any tree with signs of a nest used by raptors (birds of prey), ospreys or a heron colony
- Any tree growing on Town-owned property
- Any replacement tree, meaning a tree planted to replace one that was removed
- Any tree planted or kept as a condition of a subdivision permit, development permit or building permit
- Any tree protected by a restrictive covenant, which is a legal agreement registered on the land title
- Any tree growing on a property outside the property of the person applying for the permit
Official sources for this section, as of :
Trees near the ocean, streams and lakes
A setback is a strip of land beside the water where extra rules apply. The bylaw says no one may cut or alter a tree within 30 metres of a watercourse without a tree permit. Its definition of watercourse includes the sea, lakes, rivers, creeks, springs, ravines and swamps.
The Town's 2022 summary says this setback grew from 15 metres to 30 metres, and that it covers both ocean and freshwater.
The Town's Environmental Regulations page gives separate setbacks of 15 metres from shorelines and 30 metres from watercourses. It lists them under the Official Community Plan (OCP), which regulates development in sensitive land, watercourse and shoreline areas. For cutting or altering trees, the bylaw's 30 metre rule above applies.
The Town's Development Permits page says development near protected watercourses may need a Riparian Area Assessment. Riparian means the land along the banks of a stream, lake or wetland. The page refers to the provincial Riparian Areas Protection Regulation.
Replacement trees and cash-in-lieu
The bylaw says that for each protected tree removed under a tree permit, two replacement trees must be planted. This is a 2:1 ratio.
A replacement tree must be at least 2 metres tall, or have a trunk at least 5 centimetres across, measured 30 centimetres above the ground. If the removed tree is a protected species, the replacement must be the same species unless the Town approves another.
A building envelope is the part of a lot where a building can go. The Town's 2022 summary says protected trees in the building envelope used to be exempt from replacement. That exemption was removed, so the 2:1 ratio now applies there too.
Cash-in-lieu means paying money instead of planting a replacement tree. Under the bylaw, a permit holder may ask the Town for this when the lot does not have room for the required replacement trees. The Town's 2022 summary says the amount rose from $500.00 to $700.00 per replacement. Ask the Town what the amount is today.
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Emergency removals
Sometimes a protected tree fails in a storm or becomes an immediate danger. The bylaw lets an owner cut or alter a protected tree, or one of its branches, without a permit only when both of these are true:
Afterwards, the owner must contact the Town within one business day, meaning a day other than a Saturday, Sunday or statutory holiday. The owner must also provide photos that show why the work was necessary. The Town's 2022 summary describes this as a notice, with photos, due by the next business day.
We recommend photographing the damage before any cutting starts, so the photos clearly show why the work was needed.
- The tree or branch was severely damaged within the past 24 hours
- It is in imminent danger of injuring people or property
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Building and development permits
If you plan to build, a tree permit may not be the only approval you need. The Town's Development Permits page says development permits are generally required for subdivision, and for new construction and additions to multi-family, commercial and industrial development.
The same page says a development permit is also generally required where land is within an Environmental Protection and Natural Hazard Development Permit Area. Ask the Town early whether your lot is in one.
Trees planted or kept as a condition of a subdivision, development or building permit become protected trees under the bylaw. The bylaw bans cutting a tree marked 'to be retained' on a plan attached to a development permit, development variance permit, building permit, rezoning application or subdivision application.
Work near a tree can need a tree permit even when the tree stays. The bylaw defines a tree's protected root zone as whichever is greater of two areas. One is the area around the trunk that holds most of the tree's critical roots, as defined by a certified arborist. The other is a radius around the trunk equal to the trunk diameter (DBH) times 18.
Blasting outside the zone needs a permit if it would damage roots or disturb soil inside it. The bylaw also requires a tree permit before doing any of the following inside a protected root zone:
- Cutting, damaging or undermining the tree's roots
- Removing soil
- Placing fill, building materials, asphalt or a building or structure, or storing or stockpiling organic material
- Depositing concrete, washout or other liquids or chemicals harmful to the tree's health
- Operating trucks, backhoes, excavators or other heavy equipment
- Blasting
Official sources for this section, as of :
How Oakstead can help
Our arborist report records each tree's species and trunk size, and how close it grows to water. You can include it with your permit application. For building projects we prepare tree protection plans and help with site planning. We refer hands-on tree work to vetted local partners.
View Royal tree permits: frequently asked questions
Do I need a permit to remove a tree in View Royal?
You need a Town tree permit to remove or alter a protected tree. Protected trees include ten listed species, trees above a set trunk size, trees on Town land and several other groups. Cutting or altering any tree within 30 metres of a watercourse, including the sea, or on a steep slope also needs a permit. So does removing stumps and roots on a steep slope, or removing soil, placing fill or using heavy equipment in a protected root zone. If unsure, ask the Town's Engineering & Parks Department.
Official sources for this answer, as of :
Is Shore Pine protected in View Royal?
Yes. The Town's summary of its 2022 changes says Shore Pine was added as a protected species. The Town's permit page lists it as Shore or Contorta Pine.
Official sources for this answer, as of :
What if a protected tree becomes dangerous or falls?
The bylaw allows emergency cutting only when the tree or branch was severely damaged within the past 24 hours and is in imminent danger of injuring people or property. The owner must then contact the Town within one business day and provide photos that show why the work was necessary. For a protected tree in any other situation, apply for a permit first.
Official sources for this answer, as of :
How many replacement trees will I need?
The bylaw says two replacement trees must be planted for each protected tree removed under a permit. The Town's 2022 summary says this 2:1 ratio now also applies to trees in the building envelope, which used to be exempt. If your lot has no room for the replacements, you can ask the Town about paying a fee instead. The summary says that amount rose from $500.00 to $700.00 per replacement. Confirm the numbers for your site with the Town.
Official sources for this answer, as of :
Can Oakstead get my tree permit approved?
No one can promise a permit result. What Oakstead can do is assess your trees and write a clear arborist report to support your application. We do not act for the Town or speak on its behalf.
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Sources
Every statement about the rules on this page comes from these official sources, checked on .
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