Staff Report to Special Council: Bylaw No. 2115 – A Bylaw to Prohibit Tree Cutting

BACKGROUND

On December 5, 2022, Council directed staff to explore options for developing a tree management policy in the City of Langford. As is often the case, news that Council may be contemplating tree protection can accelerate actual tree cutting in advance of the adoption of a policy or bylaw. For example, staff have recently investigated two instances (properties on the corner of Brock and Strathmore, and properties on Wren Place) where tree cutting has proceeded without benefit of the required Development Permit, or without a specific exemption to the requirements of a Development Permit.

At the present time, the City has limited options for enforcement with respect to trees, outside of Rezonings or Development Permits. Specifically, the only financial repercussions associated with the unauthorized removal of trees are the doubling of Development Permit fees, or financial compensation applied at the time of rezoning. Given the possibility that additional violations could occur before a comprehensive tree management policy is adopted, staff recommend that Council consider adopting a bylaw that restricts the cutting of trees and includes a significant financial penalty that can be imposed on those who continue to cut/remove trees in contravention of the bylaw.

A draft bylaw (Bylaw No. 2115) has been prepared for Council’s consideration. This bylaw would prohibit the cutting down of any tree (with a trunk diameter greater than 20 centimeters measured at a height of 1.4 meters above the undisturbed grade of the land) anywhere within Langford, with the exception of:

• dangerous trees;
• trees cut down pursuant to provincial legislation;
• trees cut down by the City in relation to walkways and trails;
• trees cut down by British Columbia land surveyors during the discharge of their duties;
• Trees authorized to be cut down in accordance with a Development Permit, Building Permit, or any other permit issued by the City; and
• Trees located on properties that are located within Development Permit Area, but which are excluded from the Development Permit Process.

Council should note that this prohibition, with exceptions, is very restrictive while still complying with the requirements of the Community Charter, other provincial legislation and regulations, and the City’s operational needs. Council should also note that this restrictive nature of the bylaw is intentional – it is intended to prevent the unnecessary cutting and removal of trees until Council has the opportunity to review, consult with the public, and adopt a comprehensive tree management policy / bylaw. With this in mind, the bylaw includes sunset clause of six months, which provides clarity that these restrictions, as written, are temporary in nature.

The bylaw, as drafted, includes reference to financial penalties under both the Offenses Act and the Municipal Ticket Information (MTI) Bylaw. Under the Offenses Act and as referenced in the bylaw, Council can seek financial compensation through the courts of up to $10,000 per violation (or per tree). Under the Municipal Ticket Information Bylaw, staff can also impose a fine of $1000 per violation (or per tree), which is the maximum allowed under that bylaw. It is recommended that the bylaw include penalties under both the Offenses Act and the MTI Bylaw. The first has the advantage of larger penalties for violations, but these violations must be proven in court. The second has the advantage of speed, as they can be imposed without needing to go to court. Depending on the nature of future unauthorized tree cutting, the City could seek compensation under either system, or both. That said, staff believe that this bylaw will stand as a preventative to tree cutting, and the need for the City to seek financial compensation will be rare.

In addition to the above enforcement options, Council still has the right to ask for compensation at the time of rezoning, where tree removal has occurred without benefit of a permit (as is the case on the corner of Brock/Strathmore and on Wren Place). Staff recommend that this be considered if/when the aforementioned properties proceed to rezoning.

OPTIONS

Option 1

THAT Council

Provide First, Second and Third Readings of Bylaw No. 2115 – A Bylaw to Prohibit the Cutting of Trees, as drafted

AND

Provide First, Second and Third Readings of District of Langford Ticket Information Authorization Bylaw No. 34, 1993, Amendment No. 19, Bylaw No. 2116, 2022 as drafted;

AND

Direct staff to provide notice of a special Council meeting for __________ on _______ , 2022 in order to adopt Bylaw 2115, 2022 and Bylaw 2116, 2022.

AND

Direct staff to include in the list of Council’s options for any property that has proceeded with tree removal without benefit of a permit and is seeking rezoning, compensatory payments for tree loss for Council’s consideration.

OR Option 2

THAT Council
Do nothing at this time with respect to Bylaw No. 2115

SUBMITTED BY

Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering and Public Works

Concurrence: Yari Nielsen, Director of Parks, Recreation and Facilities

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence: Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer